|
|
| To amend sections 9.24, 108.05, 109.57, 109.91, | 1 |
| 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, | 2 |
| 121.38, 122.011, 122.17, 122.171, 122.603, 122.71, | 3 |
| 122.72, 122.73, 122.74, 122.75, 122.751, 122.76, | 4 |
| 122.77, 122.78, 122.79, 122.82, 122.83, 123.152, | 5 |
| 123.17, 124.01, 124.02, 124.04, 124.07, 124.09, | 6 |
| 124.11, 124.133, 124.14, 124.15, 124.20, 124.23, | 7 |
| 124.231, 124.241, 124.25, 124.26, 124.27, 124.29, | 8 |
| 124.30, 124.31, 124.311, 124.32, 124.321, 124.322, | 9 |
| 124.323, 124.324, 124.325, 124.33, 124.34, 125.05, | 10 |
| 125.831, 125.832, 126.25, 127.16, 131.23, 140.01, | 11 |
| 140.08, 141.011, 141.04, 147.05, 147.10, 147.11, | 12 |
| 147.12, 147.371, 149.43, 153.50, 153.51, 153.52, | 13 |
| 173.20, 173.21, 173.26, 173.40, 173.99, 181.251, | 14 |
| 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, | 15 |
| 307.88, 317.08, 317.36, 319.20, 319.302, 319.54, | 16 |
| 321.24, 323.01, 323.152, 329.04, 329.051, 339.72, | 17 |
| 339.88, 340.03, 340.16, 742.59, 901.43, 905.32, | 18 |
| 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, | 19 |
| 905.50, 905.66, 907.16, 911.02, 913.02, 913.23, | 20 |
| 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, | 21 |
| 923.45, 923.46, 927.69, 1327.511, 1327.62, | 22 |
| 1327.99, 1502.02, 1503.01, 1517.02, 1521.062, | 23 |
| 1525.11, 1525.12, 1531.27, 1533.10, 1533.11, | 24 |
| 1533.111, 1533.881, 1533.99, 1541.03, 1548.06, | 25 |
| 1713.03, 1901.26, 1907.24, 2113.041, 2151.416, | 26 |
| 2152.74, 2303.201, 2305.234, 2329.66, 2744.05, | 27 |
| 2901.07, 2923.25, 3107.10, 3111.04, 3119.54, | 28 |
| 3121.12, 3121.50, 3125.18, 3301.311, 3301.32, | 29 |
| 3301.86, 3301.88, 3313.975, 3313.976, 3313.977, | 30 |
| 3313.978, 3313.98, 3314.03, 3314.074, 3314.08, | 31 |
| 3314.13, 3315.37, 3317.012, 3317.013, 3317.02, | 32 |
| 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, | 33 |
| 3317.028, 3317.029, 3317.0212, 3317.0217, 3317.03, | 34 |
| 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, | 35 |
| 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, | 36 |
| 3317.23, 3317.50, 3317.51, 3318.33, 3319.22, | 37 |
| 3319.235, 3323.021, 3323.091, 3323.14, 3323.16, | 38 |
| 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, | 39 |
| 3333.27, 3333.28, 3333.38, 3334.01, 3334.02, | 40 |
| 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, | 41 |
| 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, | 42 |
| 3334.18, 3345.32, 3353.01, 3353.06, 3353.07, | 43 |
| 3365.01, 3365.02, 3375.48, 3375.49, 3375.54, | 44 |
| 3375.55, 3377.03, 3383.02, 3701.146, 3702.141, | 45 |
| 3702.51, 3702.68, 3702.74, 3703.01, 3703.03, | 46 |
| 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, | 47 |
| 3703.10, 3703.99, 3705.24, 3709.29, 3709.34, | 48 |
| 3712.03, 3721.01, 3721.02, 3721.03, 3721.07, | 49 |
| 3721.15, 3721.19, 3721.50, 3721.51, 3721.52, | 50 |
| 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, | 51 |
| 3722.16, 3734.01, 3734.02, 3734.021, 3734.022, | 52 |
| 3734.05, 3734.28, 3734.57, 3734.901, 3734.9010, | 53 |
| 3743.57, 3745.11, 3745.12, 3746.04, 3746.071, | 54 |
| 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, | 55 |
| 3773.40, 3773.57, 3793.09, 3901.021, 3901.17, | 56 |
| 3905.36, 3923.27, 4112.12, 4117.24, 4123.27, | 57 |
| 4301.42, 4301.43, 4305.01, 4505.06, 4511.75, | 58 |
| 4519.02, 4519.04, 4519.09, 4561.17, 4561.18, | 59 |
| 4561.21, 4705.09, 4731.65, 4731.71, 4736.11, | 60 |
| 4736.12, 4761.07, 4905.10, 4905.54, 4905.95, | 61 |
| 4911.18, 4973.171, 5101.181, 5101.21, 5101.24, | 62 |
| 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, | 63 |
| 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, | 64 |
| 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, | 65 |
| 5107.05, 5107.10, 5107.26, 5107.30, 5107.58, | 66 |
| 5110.01, 5110.05, 5110.352, 5111.019, 5111.02, | 67 |
| 5111.021, 5111.023, 5111.025, 5111.042, 5111.06, | 68 |
| 5111.071, 5111.082, 5111.11, 5111.111, 5111.113, | 69 |
| 5111.16, 5111.19, 5111.20, 5111.204, 5111.21, | 70 |
| 5111.22, 5111.231, 5111.25, 5111.26, 5111.263, | 71 |
| 5111.28, 5111.29, 5111.30, 5111.31, 5111.32, | 72 |
| 5111.33, 5111.62, 5111.85, 5111.88, 5111.97, | 73 |
| 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, | 74 |
| 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, | 75 |
| 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, | 76 |
| 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, | 77 |
| 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, | 78 |
| 5121.21, 5122.03, 5122.31, 5123.01, 5123.046, | 79 |
| 5123.047, 5123.049, 5123.0412, 5123.34, 5123.701, | 80 |
| 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, | 81 |
| 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, | 82 |
| 5139.01, 5139.36, 5153.16, 5502.01, 5701.03, | 83 |
| 5703.052, 5703.053, 5703.50, 5703.70, 5703.80, | 84 |
| 5705.091, 5705.392, 5711.21, 5711.22, 5713.01, | 85 |
| 5713.08, 5713.34, 5727.01, 5727.02, 5727.06, | 86 |
| 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, | 87 |
| 5727.84, 5727.85, 5731.01, 5731.05, 5731.131, | 88 |
| 5731.14, 5731.18, 5731.181, 5731.39, 5733.01, | 89 |
| 5733.40, 5733.41, 5739.02, 5739.025, 5739.10, | 90 |
| 5741.02, 5743.02, 5743.32, 5743.51, 5743.62, | 91 |
| 5743.63, 5747.01, 5747.02, 5747.05, 5747.08, | 92 |
| 5747.70, 5747.98, 5749.02, 6109.21, and 6111.034; | 93 |
| to amend, for the purpose of adopting new section | 94 |
| numbers as indicated in parentheses, sections | 95 |
| 181.251 (5502.63), 181.51 (5502.61), 181.52 | 96 |
| (5502.62), 181.54 (5502.64), 181.55 (5502.65), | 97 |
| 181.56 (5502.66), 3317.21 (3318.47), 3317.22 | 98 |
| (3318.48), 3317.23 (3318.49), 5101.75 (173.42), | 99 |
| 5101.752 (173.43), 5111.02 (5111.021), 5111.021 | 100 |
| (5111.022), 5111.022 (5111.023), 5111.023 | 101 |
| (5111.0114), 5111.071 (5111.07), 5111.112 | 102 |
| (5111.113), 5111.113 (5111.114), 5111.231 | 103 |
| (5111.24), 5111.25 (5111.27), 5111.26 (5111.23), | 104 |
| 5111.263 (5111.25), 5111.29 (5111.30), 5111.30 | 105 |
| (5111.224), 5111.31 (5111.222), 5111.32 | 106 |
| (5111.223), 5111.33 (5111.26), 5111.88 (5111.97), | 107 |
| 5111.97 (5111.86), 5121.01 (5121.02), 5121.02 | 108 |
| (5121.03), and 5121.03 (5121.01); to enact new | 109 |
| sections 5111.02, 5111.112, 5111.221, 5111.231, | 110 |
| 5111.251, 5111.29, 5111.31, and 5111.88, and | 111 |
| sections 120.36, 121.381, 121.382, 121.403, | 112 |
| 125.18, 173.39, 173.391, 173.392, 173.393, 173.44, | 113 |
| 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 341.192, | 114 |
| 901.44, 1327.70, 1327.71, 1517.052, 1521.151, | 115 |
| 1533.122, 1547.721, 1547.722, 1547.723, 1547.724, | 116 |
| 1547.725, 1547.726, 3125.191, 3310.01, 3310.02, | 117 |
| 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, | 118 |
| 3310.08, 3310.09, 3317.201, 3318.111, 3325.10, | 119 |
| 3325.11, 3325.12, 3325.15, 3325.16, 3325.17, | 120 |
| 3333.047, 3333.122, 3333.162, 3702.83, 3705.242, | 121 |
| 3715.04, 3721.032, 3721.541, 3721.561, 3745.015, | 122 |
| 3745.114, 3770.061, 5101.07, 5101.071, 5101.461, | 123 |
| 5101.802, 5107.301, 5111.061, 5111.062, 5111.10, | 124 |
| 5111.176, 5111.177, 5111.191, 5111.65, 5111.66, | 125 |
| 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, | 126 |
| 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, | 127 |
| 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, | 128 |
| 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, | 129 |
| 5111.853, 5111.854, 5111.855, 5111.881, 5111.882, | 130 |
| 5111.883, 5111.884, 5111.89, 5111.891, 5111.892, | 131 |
| 5111.893, 5111.914, 5111.98, 5112.341, 5121.30, | 132 |
| 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, | 133 |
| 5121.36, 5121.37, 5121.38, 5121.39, 5121.40, | 134 |
| 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, | 135 |
| 5121.46, 5121.47, 5121.49, 5121.50, 5121.51, | 136 |
| 5121.52, 5121.53, 5121.54, 5121.55, 5703.057, | 137 |
| 5727.031, 5747.056, 5751.01, 5751.011, 5751.012, | 138 |
| 5751.02, 5751.03, 5751.031, 5751.032, 5751.04, | 139 |
| 5751.05, 5751.06, 5751.07, 5751.08, 5751.081, | 140 |
| 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, | 141 |
| 5751.21, 5751.22, 5751.31, 5751.50, 5751.51, | 142 |
| 5751.52, 5751.98, 5751.99, and 5919.341; and to | 143 |
| repeal sections 181.53, 339.77, 742.36, 1541.221, | 144 |
| 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, | 145 |
| 3301.37, 3301.38, 3301.80, 3301.85, 3301.87, | 146 |
| 3317.0213, 3353.02, 3353.03, 3353.04, 3721.511, | 147 |
| 5101.751, 5101.753, 5101.754, 5111.041, 5111.07, | 148 |
| 5111.205, 5111.221, 5111.23, 5111.235, 5111.24, | 149 |
| 5111.241, 5111.251, 5111.255, 5111.257, 5111.261, | 150 |
| 5111.262, 5111.264, 5111.27, 5111.291, 5111.34, | 151 |
| 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, | 152 |
| 5123.041, 5123.048, 5731.20, and 5733.122 of the | 153 |
| Revised Code; to amend Section 4 of Am. Sub. H.B. | 154 |
| 516 of the 125th General Assembly; to amend | 155 |
| Section 3 of Am. Sub. H.B. 621 of the 122nd | 156 |
| General Assembly, as subsequently amended; to | 157 |
| amend Section 153 of Am. Sub. H.B. 117 of the | 158 |
| 121st General Assembly, as subsequently amended; | 159 |
| to amend Section 5 of Am. Sub. S.B. 50 of the | 160 |
| 121st General Assembly, as subsequently amended; | 161 |
| and to repeal Sections 59.19 and 147 of Am. Sub. | 162 |
| H.B. 95 of the 125th General Assembly to make | 163 |
| operating appropriations for the biennium | 164 |
| beginning July 1, 2005 and ending June 30, 2007, | 165 |
| and to provide authorization and conditions for | 166 |
| the operation of state programs. | 167 |
| Section 101.01. That sections 9.24, 108.05, 109.57, 109.91, | 168 |
| 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, | 169 |
| 122.17, 122.171, 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, | 170 |
| 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 123.152, | 171 |
| 123.17, 124.01, 124.02, 124.04, 124.07, 124.09, 124.11, 124.133, | 172 |
| 124.14, 124.15, 124.20, 124.23, 124.231, 124.241, 124.25, 124.26, | 173 |
| 124.27, 124.29, 124.30, 124.31, 124.311, 124.32, 124.321, 124.322, | 174 |
| 124.323, 124.324, 124.325, 124.33, 124.34, 125.05, 125.831, | 175 |
| 125.832, 126.25, 127.16, 131.23, 140.01, 140.08, 141.011, 141.04, | 176 |
| 147.05, 147.10, 147.11, 147.12, 147.371, 149.43, 153.50, 153.51, | 177 |
| 153.52, 173.20, 173.21, 173.26, 173.40, 173.99, 181.251, 181.51, | 178 |
| 181.52, 181.54, 181.55, 181.56, 183.28, 307.88, 317.08, 317.36, | 179 |
| 319.20, 319.302, 319.54, 321.24, 323.01, 323.152, 329.04, 329.051, | 180 |
| 339.72, 339.88, 340.03, 340.16, 742.59, 901.43, 905.32, 905.33, | 181 |
| 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.66, 907.16, | 182 |
| 911.02, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, | 183 |
| 923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.99, | 184 |
| 1502.02, 1503.01, 1517.02, 1521.062, 1525.11, 1525.12, 1531.27, | 185 |
| 1533.10, 1533.11, 1533.111, 1533.881, 1533.99, 1541.03, 1548.06, | 186 |
| 1713.03, 1901.26, 1907.24, 2113.041, 2151.416, 2152.74, 2303.201, | 187 |
| 2305.234, 2329.66, 2744.05, 2901.07, 2923.25, 3107.10, 3111.04, | 188 |
| 3119.54, 3121.12, 3121.50, 3125.18, 3301.311, 3301.32, 3301.86, | 189 |
| 3301.88, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.03, | 190 |
| 3314.074, 3314.08, 3314.13, 3315.37, 3317.012, 3317.013, 3317.02, | 191 |
| 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, 3317.028, | 192 |
| 3317.029, 3317.0212, 3317.0217, 3317.03, 3317.05, 3317.052, | 193 |
| 3317.053, 3317.06, 3317.081, 3317.10, 3317.16, 3317.20, 3317.21, | 194 |
| 3317.22, 3317.23, 3317.50, 3317.51, 3318.33, 3319.22, 3319.235, | 195 |
| 3323.021, 3323.091, 3323.14, 3323.16, 3332.092, 3333.04, 3333.044, | 196 |
| 3333.12, 3333.121, 3333.27, 3333.28, 3333.38, 3334.01, 3334.02, | 197 |
| 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, | 198 |
| 3334.15, 3334.16, 3334.17, 3334.18, 3345.32, 3353.01, 3353.06, | 199 |
| 3353.07, 3365.01, 3365.02, 3375.48, 3375.49, 3375.54, 3375.55, | 200 |
| 3377.03, 3383.02, 3701.146, 3702.141, 3702.51, 3702.68, 3702.74, | 201 |
| 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, | 202 |
| 3703.10, 3703.99, 3705.24, 3709.29, 3709.34, 3712.03, 3721.01, | 203 |
| 3721.02, 3721.03, 3721.07, 3721.15, 3721.19, 3721.50, 3721.51, | 204 |
| 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, 3722.16, | 205 |
| 3734.01, 3734.02, 3734.021, 3734.022, 3734.05, 3734.28, 3734.57, | 206 |
| 3734.901, 3734.9010, 3743.57, 3745.11, 3745.12, 3746.04, 3746.071, | 207 |
| 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, | 208 |
| 3793.09, 3901.021, 3901.17, 3905.36, 3923.27, 4112.12, 4117.24, | 209 |
| 4123.27, 4301.42, 4301.43, 4305.01, 4505.06, 4511.75, 4519.02, | 210 |
| 4519.04, 4519.09, 4561.17, 4561.18, 4561.21, 4705.09, 4731.65, | 211 |
| 4731.71, 4736.11, 4736.12, 4761.07, 4905.10, 4905.54, 4905.95, | 212 |
| 4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, 5101.26, | 213 |
| 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, | 214 |
| 5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, 5107.05, | 215 |
| 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, | 216 |
| 5111.019, 5111.02, 5111.021, 5111.023, 5111.025, 5111.042, | 217 |
| 5111.06, 5111.071, 5111.082, 5111.11, 5111.111, 5111.113, 5111.16, | 218 |
| 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, 5111.231, 5111.25, | 219 |
| 5111.26, 5111.263, 5111.28, 5111.29, 5111.30, 5111.31, 5111.32, | 220 |
| 5111.33, 5111.62, 5111.85, 5111.88, 5111.97, 5111.99, 5112.03, | 221 |
| 5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, | 222 |
| 5119.61, 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, | 223 |
| 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, | 224 |
| 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, 5123.046, | 225 |
| 5123.047, 5123.049, 5123.0412, 5123.34, 5123.701, 5123.71, | 226 |
| 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055, | 227 |
| 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, | 228 |
| 5701.03, 5703.052, 5703.053, 5703.50, 5703.70, 5703.80, 5705.091, | 229 |
| 5705.392, 5711.21, 5711.22, 5713.01, 5713.08, 5713.34, 5727.01, | 230 |
| 5727.02, 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, | 231 |
| 5727.84, 5727.85, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, | 232 |
| 5731.181, 5731.39, 5733.01, 5733.40, 5733.41, 5739.02, 5739.025, | 233 |
| 5739.10, 5741.02, 5743.02, 5743.32, 5743.51, 5743.62, 5743.63, | 234 |
| 5747.01, 5747.02, 5747.05, 5747.08, 5747.70, 5747.98, 5749.02, | 235 |
| 6109.21, and 6111.034 be amended; that sections 181.251 (5502.63), | 236 |
| 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 | 237 |
| (5502.65), 181.56 (5502.66), 3317.21 (3318.47), 3317.22 (3318.48), | 238 |
| 3317.23 (3318.49), 5101.75 (173.42), 5101.752 (173.43), 5111.02 | 239 |
| (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 | 240 |
| (5111.0114), 5111.071 (5111.07), 5111.112 (5111.113), 5111.113 | 241 |
| (5111.114), 5111.231 (5111.24), 5111.25 (5111.27), 5111.26 | 242 |
| (5111.23), 5111.263 (5111.25), 5111.29 (5111.30), 5111.30 | 243 |
| (5111.224), 5111.31 (5111.222), 5111.32 (5111.223), 5111.33 | 244 |
| (5111.26), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01 | 245 |
| (5121.02), 5121.02 (5121.03), and 5121.03 (5121.01) be amended for | 246 |
| the purpose of adopting new section numbers as indicated in | 247 |
| parentheses; that new sections 5111.02, 5111.112, 5111.221, | 248 |
| 5111.231, 5111.251, 5111.29, 5111.31, and 5111.88, and sections | 249 |
| 120.36, 121.381, 121.382, 121.403, 125.18, 173.39, 173.391, | 250 |
| 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, | 251 |
| 341.192, 901.44, 1327.70, 1327.71, 1517.052, 1521.151, 1533.122, | 252 |
| 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 1547.726, | 253 |
| 3125.191, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, | 254 |
| 3310.07, 3310.08, 3310.09, 3317.201, 3318.111, 3325.10, 3325.11, | 255 |
| 3325.12, 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, 3333.162, | 256 |
| 3702.83, 3705.242, 3715.04, 3721.032, 3721.541, 3721.561, | 257 |
| 3745.015, 3745.114, 3770.061, 5101.07, 5101.071, 5101.461, | 258 |
| 5101.802, 5107.301, 5111.061, 5111.062, 5111.10, 5111.176, | 259 |
| 5111.177, 5111.191, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671, | 260 |
| 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, | 261 |
| 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, | 262 |
| 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, 5111.853, | 263 |
| 5111.854, 5111.855, 5111.881, 5111.882, 5111.883, 5111.884, | 264 |
| 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, 5111.98, | 265 |
| 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, | 266 |
| 5121.36, 5121.37, 5121.38, 5121.39, 5121.40, 5121.41, 5121.42, | 267 |
| 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.49, 5121.50, | 268 |
| 5121.51, 5121.52, 5121.53, 5121.54, 5121.55, 5703.057, 5727.031, | 269 |
| 5747.056, 5751.01, 5751.011, 5751.012, 5751.02, 5751.03, 5751.031, | 270 |
| 5751.032, 5751.04, 5751.05, 5751.06, 5751.07, 5751.08, 5751.081, | 271 |
| 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, | 272 |
| 5751.31, 5751.50, 5751.51, 5751.52, 5751.98, 5751.99, and 5919.341 | 273 |
| of the Revised Code be enacted to read as follows: | 274 |
| Sec. 9.24. (A) Except as may be allowed under division (F) of | 275 |
| this section, no state agency and no political subdivision shall | 276 |
| award a contract as described in division (G)(1) of this section | 277 |
| for goods, services, or construction, paid for in whole or in part | 278 |
| with state funds, to a person against whom a finding for recovery | 279 |
| has been issued by the auditor of state on and after January 1, | 280 |
| 2001, if the finding for recovery is unresolved. | 281 |
| A contract is considered to be awarded when it is entered | 282 |
| into or executed, irrespective of whether the parties to the | 283 |
| contract have exchanged any money. | 284 |
| (B) For purposes of this section, a finding for recovery is | 285 |
| unresolved unless one of the following criteria applies: | 286 |
| (1) The money identified in the finding for recovery is paid | 287 |
| in full to the state agency or political subdivision to whom the | 288 |
| money was owed; | 289 |
| (2) The debtor has entered into a repayment plan that is | 290 |
| approved by the attorney general and the state agency or political | 291 |
| subdivision to whom the money identified in the finding for | 292 |
| recovery is owed. A repayment plan may include a provision | 293 |
| permitting a state agency or political subdivision to withhold | 294 |
| payment to a debtor for goods, services, or construction provided | 295 |
| to or for the state agency or political subdivision pursuant to a | 296 |
| contract that is entered into with the debtor after the date the | 297 |
| finding for recovery was issued. | 298 |
| (3) The attorney general waives a repayment plan described in | 299 |
| division (B)(2) of this section for good cause; | 300 |
| (4) The debtor and state agency or political subdivision to | 301 |
| whom the money identified in the finding for recovery is owed have | 302 |
| agreed to a payment plan established through an enforceable | 303 |
| settlement agreement. | 304 |
| (5) The state agency or political subdivision desiring to | 305 |
| enter into a contract with a debtor certifies, and the attorney | 306 |
| general concurs, that all of the following are true: | 307 |
| (a) Essential services the state agency or political | 308 |
| subdivision is seeking to obtain from the debtor cannot be | 309 |
| provided by any other person besides the debtor; | 310 |
| (b) Awarding a contract to the debtor for the essential | 311 |
| services described in division (B)(5)(a) of this section is in the | 312 |
| best interest of the state; | 313 |
| (c) Good faith efforts have been made to collect the money | 314 |
| identified in the finding of recovery. | 315 |
| (6) The debtor has commenced an action to contest the finding | 316 |
| for recovery and a final determination on the action has not yet | 317 |
| been reached. | 318 |
| (C) The attorney general shall submit an initial report to | 319 |
| the auditor of state, not later than December 1, 2003, indicating | 320 |
| the status of collection for all findings for recovery issued by | 321 |
| the auditor of state for calendar years 2001, 2002, and 2003. | 322 |
| Beginning on January 1, 2004, the attorney general shall submit to | 323 |
| the auditor of state, on the first day of every January, April, | 324 |
| July, and October, a list of all findings for recovery that have | 325 |
| been resolved in accordance with division (B) of this section | 326 |
| during the calendar quarter preceding the submission of the list | 327 |
| and a description of the means of resolution. The attorney general | 328 |
| shall notify the auditor of state when a judgment is issued | 329 |
| against an entity described in division (F)(1) of this section. | 330 |
| (D) The auditor of state shall maintain a database, | 331 |
| accessible to the public, listing persons against whom an | 332 |
| unresolved finding for recovery has been issued, and the amount of | 333 |
| the money identified in the unresolved finding for recovery. The | 334 |
| auditor of state shall have this database operational on or before | 335 |
| January 1, 2004. The initial database shall contain the | 336 |
| information required under this division for calendar years 2001, | 337 |
| 2002, and 2003. | 338 |
| Beginning January 15, 2004, the auditor of state shall update | 339 |
| the database by the fifteenth day of every January, April, July, | 340 |
| and October to reflect resolved findings for recovery that are | 341 |
| reported to the auditor of state by the attorney general on the | 342 |
| first day of the same month pursuant to division (C) of this | 343 |
| section. | 344 |
| (E) Before awarding a contract as described in division | 345 |
| (G)(1) of this section for goods, services, or construction, paid | 346 |
| for in whole or in part with state funds, a state agency or | 347 |
| political subdivision shall verify that the person to whom the | 348 |
| state agency or political subdivision plans to award the contract | 349 |
| has no unresolved finding for recovery issued against the person. | 350 |
| A state agency or political subdivision shall verify that the | 351 |
| person does not appear in the database described in division (D) | 352 |
| of this section or shall obtain other proof that the person has no | 353 |
| unresolved finding for recovery issued against the person. | 354 |
| (F) The prohibition of division (A) of this section and the | 355 |
| requirement of division (E) of this section do not apply with | 356 |
| respect to the companies or agreements described in divisions | 357 |
| (F)(1) and (2) of this section, or in the circumstance described | 358 |
| in division (F)(3) of this section. | 359 |
| (1) A bonding company or a company authorized to transact the | 360 |
| business of insurance in this state, a self-insurance pool, joint | 361 |
| self-insurance pool, risk management program, or joint risk | 362 |
| management program, unless a court has entered a final judgment | 363 |
| against the company and the company has not yet satisfied the | 364 |
| final judgment. | 365 |
| (2) To medicaid provider agreements under Chapter 5111. of | 366 |
| the Revised Code | 367 |
| 368 | |
| 369 |
| (3) When federal law dictates that a specified entity provide | 370 |
| the goods, services, or construction for which a contract is being | 371 |
| awarded, regardless of whether that entity would otherwise be | 372 |
| prohibited from entering into the contract pursuant to this | 373 |
| section. | 374 |
| (G)(1) This section applies only to contracts for goods, | 375 |
| services, or construction that satisfy the criteria in either | 376 |
| division (G)(1)(a) or (b) of this | 377 |
| may apply to contracts for goods, services, or construction that | 378 |
| satisfy the criteria in division (G)(1)(c) of this section, | 379 |
| provided that the contracts also satisfy the criteria in either | 380 |
| division (G)(1)(a) or (b) of this | 381 |
| (a) The cost for the goods, services, or construction | 382 |
| provided under the contract is estimated to exceed twenty-five | 383 |
| thousand dollars. | 384 |
| (b) The aggregate cost for the goods, services, or | 385 |
| construction provided under multiple contracts entered into by the | 386 |
| particular state agency and a single person or the particular | 387 |
| political subdivision and a single person within the fiscal year | 388 |
| preceding the fiscal year within which a contract is being entered | 389 |
| into by that same state agency and the same single person or the | 390 |
| same political subdivision and the same single person, exceeded | 391 |
| fifty thousand dollars. | 392 |
| (c) The contract is a renewal of a contract previously | 393 |
| entered into and renewed pursuant to that preceding contract. | 394 |
| (2) This section does not apply to employment contracts. | 395 |
| (H) As used in this section: | 396 |
| (1) "State agency" has the same meaning as in section 9.66 of | 397 |
| the Revised Code. | 398 |
| (2) "Political subdivision" means a political subdivision as | 399 |
| defined in section 9.82 of the Revised Code that has received more | 400 |
| than fifty thousand dollars of state money in the current fiscal | 401 |
| year or the preceding fiscal year. | 402 |
| (3) "Finding for recovery" means a determination issued by | 403 |
| the auditor of state, contained in a report the auditor of state | 404 |
| gives to the attorney general pursuant to section 117.28 of the | 405 |
| Revised Code, that public money has been illegally expended, | 406 |
| public money has been collected but not been accounted for, public | 407 |
| money is due but has not been collected, or public property has | 408 |
| been converted or misappropriated. | 409 |
| (4) "Debtor" means a person against whom a finding for | 410 |
| recovery has been issued. | 411 |
| (5) "Person" means the person named in the finding for | 412 |
| recovery. | 413 |
| (6) "State money" does not include funds the state receives | 414 |
| from another source and passes through to a political subdivision. | 415 |
| Sec. 108.05. (A) The lieutenant governor shall be a member | 416 |
| of the governor's cabinet and shall preside at its meetings in the | 417 |
| absence of the governor. | 418 |
| (B) The governor may appoint the lieutenant governor as an | 419 |
| administrative department head listed in section 121.03 of the | 420 |
| Revised Code, | 421 |
| 422 | |
| governor's representative on any board, agency, committee, or | 423 |
| commission of which the governor is a member and has the authority | 424 |
| to appoint a representative, or in an advisory capacity to any | 425 |
| nonelective board, agency, committee, or commission in the | 426 |
| executive department or may give the lieutenant governor any | 427 |
| special assignment as the governor considers in the interest of | 428 |
| the state. | 429 |
| (C) When carrying out any of the functions described in | 430 |
| division (B) of this section, the lieutenant governor shall be | 431 |
| reimbursed from funds of the particular authority for necessary | 432 |
| expenses incurred in the conduct of authority business. | 433 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 434 |
| criminal identification and investigation shall procure from | 435 |
| wherever procurable and file for record photographs, pictures, | 436 |
| descriptions, fingerprints, measurements, and other information | 437 |
| that may be pertinent of all persons who have been convicted of | 438 |
| committing within this state a felony, any crime constituting a | 439 |
| misdemeanor on the first offense and a felony on subsequent | 440 |
| offenses, or any misdemeanor described in division (A)(1)(a) of | 441 |
| section 109.572 of the Revised Code, of all children under | 442 |
| eighteen years of age who have been adjudicated delinquent | 443 |
| children for committing within this state an act that would be a | 444 |
| felony or an offense of violence if committed by an adult or who | 445 |
| have been convicted of or pleaded guilty to committing within this | 446 |
| state a felony or an offense of violence, and of all well-known | 447 |
| and habitual criminals. The person in charge of any county, | 448 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 449 |
| jail or workhouse, community-based correctional facility, halfway | 450 |
| house, alternative residential facility, or state correctional | 451 |
| institution and the person in charge of any state institution | 452 |
| having custody of a person suspected of having committed a felony, | 453 |
| any crime constituting a misdemeanor on the first offense and a | 454 |
| felony on subsequent offenses, or any misdemeanor described in | 455 |
| division (A)(1)(a) of section 109.572 of the Revised Code or | 456 |
| having custody of a child under eighteen years of age with respect | 457 |
| to whom there is probable cause to believe that the child may have | 458 |
| committed an act that would be a felony or an offense of violence | 459 |
| if committed by an adult shall furnish such material to the | 460 |
| superintendent of the bureau. Fingerprints, photographs, or other | 461 |
| descriptive information of a child who is under eighteen years of | 462 |
| age, has not been arrested or otherwise taken into custody for | 463 |
| committing an act that would be a felony or an offense of violence | 464 |
| if committed by an adult, has not been adjudicated a delinquent | 465 |
| child for committing an act that would be a felony or an offense | 466 |
| of violence if committed by an adult, has not been convicted of or | 467 |
| pleaded guilty to committing a felony or an offense of violence, | 468 |
| and is not a child with respect to whom there is probable cause to | 469 |
| believe that the child may have committed an act that would be a | 470 |
| felony or an offense of violence if committed by an adult shall | 471 |
| not be procured by the superintendent or furnished by any person | 472 |
| in charge of any county, multicounty, municipal, municipal-county, | 473 |
| or multicounty-municipal jail or workhouse, community-based | 474 |
| correctional facility, halfway house, alternative residential | 475 |
| facility, or state correctional institution, except as authorized | 476 |
| in section 2151.313 of the Revised Code. | 477 |
| (2) Every clerk of a court of record in this state, other | 478 |
| than the supreme court or a court of appeals, shall send to the | 479 |
| superintendent of the bureau a weekly report containing a summary | 480 |
| of each case involving a felony, involving any crime constituting | 481 |
| a misdemeanor on the first offense and a felony on subsequent | 482 |
| offenses, involving a misdemeanor described in division (A)(1)(a) | 483 |
| of section 109.572 of the Revised Code, or involving an | 484 |
| adjudication in a case in which a child under eighteen years of | 485 |
| age was alleged to be a delinquent child for committing an act | 486 |
| that would be a felony or an offense of violence if committed by | 487 |
| an adult. The clerk of the court of common pleas shall include in | 488 |
| the report and summary the clerk sends under this division all | 489 |
| information described in divisions (A)(2)(a) to (f) of this | 490 |
| section regarding a case before the court of appeals that is | 491 |
| served by that clerk. The summary shall be written on the standard | 492 |
| forms furnished by the superintendent pursuant to division (B) of | 493 |
| this section and shall include the following information: | 494 |
| (a) The incident tracking number contained on the standard | 495 |
| forms furnished by the superintendent pursuant to division (B) of | 496 |
| this section; | 497 |
| (b) The style and number of the case; | 498 |
| (c) The date of arrest; | 499 |
| (d) The date that the person was convicted of or pleaded | 500 |
| guilty to the offense, adjudicated a delinquent child for | 501 |
| committing the act that would be a felony or an offense of | 502 |
| violence if committed by an adult, found not guilty of the | 503 |
| offense, or found not to be a delinquent child for committing an | 504 |
| act that would be a felony or an offense of violence if committed | 505 |
| by an adult, the date of an entry dismissing the charge, an entry | 506 |
| declaring a mistrial of the offense in which the person is | 507 |
| discharged, an entry finding that the person or child is not | 508 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 509 |
| date of any other determination that constitutes final resolution | 510 |
| of the case; | 511 |
| (e) A statement of the original charge with the section of | 512 |
| the Revised Code that was alleged to be violated; | 513 |
| (f) If the person or child was convicted, pleaded guilty, or | 514 |
| was adjudicated a delinquent child, the sentence or terms of | 515 |
| probation imposed or any other disposition of the offender or the | 516 |
| delinquent child. | 517 |
| If the offense involved the disarming of a law enforcement | 518 |
| officer or an attempt to disarm a law enforcement officer, the | 519 |
| clerk shall clearly state that fact in the summary, and the | 520 |
| superintendent shall ensure that a clear statement of that fact is | 521 |
| placed in the bureau's records. | 522 |
| (3) The superintendent shall cooperate with and assist | 523 |
| sheriffs, chiefs of police, and other law enforcement officers in | 524 |
| the establishment of a complete system of criminal identification | 525 |
| and in obtaining fingerprints and other means of identification of | 526 |
| all persons arrested on a charge of a felony, any crime | 527 |
| constituting a misdemeanor on the first offense and a felony on | 528 |
| subsequent offenses, or a misdemeanor described in division | 529 |
| (A)(1)(a) of section 109.572 of the Revised Code and of all | 530 |
| children under eighteen years of age arrested or otherwise taken | 531 |
| into custody for committing an act that would be a felony or an | 532 |
| offense of violence if committed by an adult. The superintendent | 533 |
| also shall file for record the fingerprint impressions of all | 534 |
| persons confined in a county, multicounty, municipal, | 535 |
| municipal-county, or multicounty-municipal jail or workhouse, | 536 |
| community-based correctional facility, halfway house, alternative | 537 |
| residential facility, or state correctional institution for the | 538 |
| violation of state laws and of all children under eighteen years | 539 |
| of age who are confined in a county, multicounty, municipal, | 540 |
| municipal-county, or multicounty-municipal jail or workhouse, | 541 |
| community-based correctional facility, halfway house, alternative | 542 |
| residential facility, or state correctional institution or in any | 543 |
| facility for delinquent children for committing an act that would | 544 |
| be a felony or an offense of violence if committed by an adult, | 545 |
| and any other information that the superintendent may receive from | 546 |
| law enforcement officials of the state and its political | 547 |
| subdivisions. | 548 |
| (4) The superintendent shall carry out Chapter 2950. of the | 549 |
| Revised Code with respect to the registration of persons who are | 550 |
| convicted of or plead guilty to either a sexually oriented offense | 551 |
| that is not a registration-exempt sexually oriented offense or a | 552 |
| child-victim oriented offense and with respect to all other duties | 553 |
| imposed on the bureau under that chapter. | 554 |
| (5) The bureau shall perform centralized recordkeeping | 555 |
| functions for criminal history records and services in this state | 556 |
| for purposes of the national crime prevention and privacy compact | 557 |
| set forth in section 109.571 of the Revised Code and is the | 558 |
| criminal history record repository as defined in that section for | 559 |
| purposes of that compact. The superintendent or the | 560 |
| superintendent's designee is the compact officer for purposes of | 561 |
| that compact and shall carry out the responsibilities of the | 562 |
| compact officer specified in that compact. | 563 |
| (B) The superintendent shall prepare and furnish to every | 564 |
| county, multicounty, municipal, municipal-county, or | 565 |
| multicounty-municipal jail or workhouse, community-based | 566 |
| correctional facility, halfway house, alternative residential | 567 |
| facility, or state correctional institution and to every clerk of | 568 |
| a court in this state specified in division (A)(2) of this section | 569 |
| standard forms for reporting the information required under | 570 |
| division (A) of this section. The standard forms that the | 571 |
| superintendent prepares pursuant to this division may be in a | 572 |
| tangible format, in an electronic format, or in both tangible | 573 |
| formats and electronic formats. | 574 |
| (C) The superintendent may operate a center for electronic, | 575 |
| automated, or other data processing for the storage and retrieval | 576 |
| of information, data, and statistics pertaining to criminals and | 577 |
| to children under eighteen years of age who are adjudicated | 578 |
| delinquent children for committing an act that would be a felony | 579 |
| or an offense of violence if committed by an adult, criminal | 580 |
| activity, crime prevention, law enforcement, and criminal justice, | 581 |
| and may establish and operate a statewide communications network | 582 |
| to gather and disseminate information, data, and statistics for | 583 |
| the use of law enforcement agencies. The superintendent may | 584 |
| gather, store, retrieve, and disseminate information, data, and | 585 |
| statistics that pertain to children who are under eighteen years | 586 |
| of age and that are gathered pursuant to sections 109.57 to 109.61 | 587 |
| of the Revised Code together with information, data, and | 588 |
| statistics that pertain to adults and that are gathered pursuant | 589 |
| to those sections. In addition to any other authorized use of | 590 |
| information, data, and statistics of that nature, the | 591 |
| superintendent or the superintendent's designee may provide and | 592 |
| exchange the information, data, and statistics pursuant to the | 593 |
| national crime prevention and privacy compact as described in | 594 |
| division (A)(5) of this section. | 595 |
| (D) The information and materials furnished to the | 596 |
| superintendent pursuant to division (A) of this section and | 597 |
| information and materials furnished to any board or person under | 598 |
| division (F) or (G) of this section are not public records under | 599 |
| section 149.43 of the Revised Code. | 600 |
| (E) The attorney general shall adopt rules, in accordance | 601 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 602 |
| by which a person may receive or release information gathered by | 603 |
| the superintendent pursuant to division (A) of this section. A | 604 |
| reasonable fee may be charged for this service. If a temporary | 605 |
| employment service submits a request for a determination of | 606 |
| whether a person the service plans to refer to an employment | 607 |
| position has been convicted of or pleaded guilty to an offense | 608 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 609 |
| 109.572 of the Revised Code, the request shall be treated as a | 610 |
| single request and only one fee shall be charged. | 611 |
| (F)(1) As used in division (F)(2) of this section, "head | 612 |
| start agency" means an entity in this state that has been approved | 613 |
| to be an agency for purposes of subchapter II of the "Community | 614 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 615 |
| as amended. | 616 |
| (2)(a) In addition to or in conjunction with any request that | 617 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 618 |
| 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 619 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 620 |
| education of any school district; the director of mental | 621 |
| retardation and developmental disabilities; any county board of | 622 |
| mental retardation and developmental disabilities; any entity | 623 |
| under contract with a county board of mental retardation and | 624 |
| developmental disabilities; the chief administrator of any | 625 |
| chartered nonpublic school; the chief administrator of any home | 626 |
| health agency; the chief administrator of or person operating any | 627 |
| child day-care center, type A family day-care home, or type B | 628 |
| family day-care home licensed or certified under Chapter 5104. of | 629 |
| the Revised Code; the administrator of any type C family day-care | 630 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 631 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 632 |
| general assembly; the chief administrator of any head start | 633 |
| agency; or the executive director of a public children services | 634 |
| agency may request that the superintendent of the bureau | 635 |
| investigate and determine, with respect to any individual who has | 636 |
| applied for employment in any position after October 2, 1989, or | 637 |
| any individual wishing to apply for employment with a board of | 638 |
| education may request, with regard to the individual, whether the | 639 |
| bureau has any information gathered under division (A) of this | 640 |
| section that pertains to that individual. On receipt of the | 641 |
| request, the superintendent shall determine whether that | 642 |
| information exists and, upon request of the person, board, or | 643 |
| entity requesting information, also shall request from the federal | 644 |
| bureau of investigation any criminal records it has pertaining to | 645 |
| that individual. The superintendent or the superintendent's | 646 |
| designee also may request criminal history records from other | 647 |
| states or the federal government pursuant to the national crime | 648 |
| prevention and privacy compact set forth in section 109.571 of the | 649 |
| Revised Code. Within thirty days of the date that the | 650 |
| superintendent receives a request, the superintendent shall send | 651 |
| to the board, entity, or person a report of any information that | 652 |
| the superintendent determines exists, including information | 653 |
| contained in records that have been sealed under section 2953.32 | 654 |
| of the Revised Code, and, within thirty days of its receipt, shall | 655 |
| send the board, entity, or person a report of any information | 656 |
| received from the federal bureau of investigation, other than | 657 |
| information the dissemination of which is prohibited by federal | 658 |
| law. | 659 |
| (b) When a board of education is required to receive | 660 |
| information under this section as a prerequisite to employment of | 661 |
| an individual pursuant to section 3319.39 of the Revised Code, it | 662 |
| may accept a certified copy of records that were issued by the | 663 |
| bureau of criminal identification and investigation and that are | 664 |
| presented by an individual applying for employment with the | 665 |
| district in lieu of requesting that information itself. In such a | 666 |
| case, the board shall accept the certified copy issued by the | 667 |
| bureau in order to make a photocopy of it for that individual's | 668 |
| employment application documents and shall return the certified | 669 |
| copy to the individual. In a case of that nature, a district only | 670 |
| shall accept a certified copy of records of that nature within one | 671 |
| year after the date of their issuance by the bureau. | 672 |
| (3) The state board of education may request, with respect to | 673 |
| any individual who has applied for employment after October 2, | 674 |
| 1989, in any position with the state board or the department of | 675 |
| education, any information that a school district board of | 676 |
| education is authorized to request under division (F)(2) of this | 677 |
| section, and the superintendent of the bureau shall proceed as if | 678 |
| the request has been received from a school district board of | 679 |
| education under division (F)(2) of this section. | 680 |
| (4) When the superintendent of the bureau receives a request | 681 |
| for information under section 3319.291 of the Revised Code, the | 682 |
| superintendent shall proceed as if the request has been received | 683 |
| from a school district board of education under division (F)(2) of | 684 |
| this section. | 685 |
| (5) When a recipient of | 686 |
| reading
improvement grant paid under section 3301.86 | 687 |
| the Revised
Code
| 688 |
| requests, with respect to any individual who applies to | 689 |
| participate in
providing any program or service
| 690 |
| 691 | |
| the grant, the information that a school district board of | 692 |
| education is authorized to request under division (F)(2)(a) of | 693 |
| this section, the superintendent of the bureau shall proceed as if | 694 |
| the request has been received from a school district board of | 695 |
| education under division (F)(2)(a) of this section. | 696 |
| (G) In addition to or in conjunction with any request that is | 697 |
| required to be made under section 173.41, 3701.881, 3712.09, | 698 |
| 3721.121, or 3722.151 of the Revised Code with respect to an | 699 |
| individual who has applied for employment in a position that | 700 |
| involves providing direct care to an older adult, the chief | 701 |
| administrator of a PASSPORT agency that provides services through | 702 |
| the PASSPORT program created under section 173.40 of the Revised | 703 |
| Code, home health agency, hospice care program, home licensed | 704 |
| under Chapter 3721. of the Revised Code, adult day-care program | 705 |
| operated pursuant to rules adopted under section 3721.04 of the | 706 |
| Revised Code, or adult care facility may request that the | 707 |
| superintendent of the bureau investigate and determine, with | 708 |
| respect to any individual who has applied after January 27, 1997, | 709 |
| for employment in a position that does not involve providing | 710 |
| direct care to an older adult, whether the bureau has any | 711 |
| information gathered under division (A) of this section that | 712 |
| pertains to that individual. On receipt of the request, the | 713 |
| superintendent shall determine whether that information exists | 714 |
| and, on request of the administrator requesting information, shall | 715 |
| also request from the federal bureau of investigation any criminal | 716 |
| records it has pertaining to that individual. The superintendent | 717 |
| or the superintendent's designee also may request criminal history | 718 |
| records from other states or the federal government pursuant to | 719 |
| the national crime prevention and privacy compact set forth in | 720 |
| section 109.571 of the Revised Code. Within thirty days of the | 721 |
| date a request is received, the superintendent shall send to the | 722 |
| administrator a report of any information determined to exist, | 723 |
| including information contained in records that have been sealed | 724 |
| under section 2953.32 of the Revised Code, and, within thirty days | 725 |
| of its receipt, shall send the administrator a report of any | 726 |
| information received from the federal bureau of investigation, | 727 |
| other than information the dissemination of which is prohibited by | 728 |
| federal law. | 729 |
| (H) Information obtained by a board, administrator, or other | 730 |
| person under this section is confidential and shall not be | 731 |
| released or disseminated. | 732 |
| (I) The superintendent may charge a reasonable fee for | 733 |
| providing information or criminal records under division (F)(2) or | 734 |
| (G) of this section. | 735 |
| Sec. 109.91. (A) There is hereby established within the | 736 |
| office of the attorney general the crime victims assistance | 737 |
| office. | 738 |
| (B) There is hereby established the state victims assistance | 739 |
| advisory committee. The committee shall consist of a chairperson, | 740 |
| to be appointed by the attorney general, four ex officio members, | 741 |
| and fifteen members to be appointed by the attorney general as | 742 |
| follows: one member who represents the Ohio victim-witness | 743 |
| association; three members who represent local victim assistance | 744 |
| programs, including one from a municipally operated program and | 745 |
| one from a county-operated program; one member who represents the | 746 |
| interests of elderly victims; one member who is a board member of | 747 |
| any statewide or local organization that exists primarily to aid | 748 |
| victims of domestic violence, or who is an employee of, or | 749 |
| counselor for, such an organization; one member who is an employee | 750 |
| or officer of a county probation department or a probation | 751 |
| department operated by the department of rehabilitation and | 752 |
| correction; one member who is a county prosecuting attorney; one | 753 |
| member who is a city law director; one member who is a county | 754 |
| sheriff; one member who is a member or officer of a township or | 755 |
| municipal police department; one member who is a court of common | 756 |
| pleas judge; one member who is a municipal court judge or county | 757 |
| court judge; and two members who are private citizens and are not | 758 |
| government employees. | 759 |
| The committee shall include the following ex officio, | 760 |
| nonvoting members: the chief justice of the supreme court, the | 761 |
| attorney general, one member of the senate to be designated by the | 762 |
| president of the senate, and one member of the house of | 763 |
| representatives to be designated by the speaker of the house. | 764 |
| Members of the committee shall serve without compensation, | 765 |
| but shall be reimbursed for travel and other necessary expenses | 766 |
| that are incurred in the conduct of their official duties as | 767 |
| members of the committee. The chairperson and members of the | 768 |
| committee appointed by the attorney general shall serve at the | 769 |
| pleasure of the attorney general. The chief justice of the supreme | 770 |
| court and the attorney general shall serve on the committee until | 771 |
| the end of the term of office that qualified them for membership | 772 |
| on the committee. The member of the senate and the member of the | 773 |
| house of representatives shall serve at the pleasure of the | 774 |
| president of the senate and the speaker of the house of | 775 |
| representatives, respectively. | 776 |
| (C) The victims assistance advisory committee shall perform | 777 |
| both of the following duties: | 778 |
| (1) Advise the crime victims assistance office in determining | 779 |
| crime and delinquency victim service needs, determining crime and | 780 |
| delinquency victim policies for the state, and improving and | 781 |
| exercising leadership in the quality of crime and delinquency | 782 |
| victim programs in the state; | 783 |
| (2) Review and recommend to the crime victims assistance | 784 |
| office the victim assistance programs that should be considered | 785 |
| for the receipt of state financial assistance pursuant to section | 786 |
| 109.92 of the Revised Code. The financial assistance allocation | 787 |
| recommendations of the committee shall be based on the following | 788 |
| priorities: | 789 |
| (a) Programs in existence on July 1, 1985, shall be given | 790 |
| first priority; | 791 |
| (b) Programs offering or proposing to offer the broadest | 792 |
| range of services and referrals to the community served, including | 793 |
| medical, psychological, financial, educational, vocational, and | 794 |
| legal services that were not in existence on July 1, 1985, shall | 795 |
| be given second priority; | 796 |
| (c) Other qualified programs shall be given last priority. | 797 |
| (D) As used in this section and section 109.92 of the Revised | 798 |
| Code, "victim assistance program" includes, but is not limited to | 799 |
| a program that provides at least one of the following: | 800 |
| (1) Services to victims of any offense of violence or | 801 |
| delinquent act that would be an offense of violence if committed | 802 |
| by an adult; | 803 |
| (2) Financial assistance or property repair services to | 804 |
| victims of crime or delinquent acts; | 805 |
| (3) Assistance to victims of crime or delinquent acts in | 806 |
| judicial proceedings; | 807 |
| (4) Assistance to victims of crime or delinquent acts under | 808 |
| the operation of any political subdivision of the state or a | 809 |
| branch of the criminal justice system set forth in division | 810 |
|
(B)(1)(a), | 811 |
| Revised Code; | 812 |
| (5) Technical assistance to persons or organizations that | 813 |
| provide services to victims of crime or delinquent acts under the | 814 |
| operation of a branch of the criminal justice system set forth in | 815 |
| 816 | |
| 817 |
| A victim assistance program does not include the program for | 818 |
| the reparation of crime victims established pursuant to Chapter | 819 |
| 2743. of the Revised Code. | 820 |
| Sec. 120.06. (A)(1) The state public defender, when | 821 |
| designated by the court or requested by a county public defender | 822 |
| or joint county public defender, may provide legal representation | 823 |
| in all courts throughout the state to indigent adults and | 824 |
| juveniles who are charged with the commission of an offense or act | 825 |
| for which the penalty or any possible adjudication includes the | 826 |
| potential loss of liberty. | 827 |
| (2) The state public defender may provide legal | 828 |
| representation to any indigent person who, while incarcerated in | 829 |
| any state correctional institution, is charged with a felony | 830 |
| offense, for which the penalty or any possible adjudication that | 831 |
| may be imposed by a court upon conviction includes the potential | 832 |
| loss of liberty. | 833 |
| (3) The state public defender may provide legal | 834 |
| representation to any person incarcerated in any correctional | 835 |
| institution of the state, in any matter in which the person | 836 |
| asserts the person is unlawfully imprisoned or detained. | 837 |
| (4) The state public defender, in any case in which the state | 838 |
| public defender has provided legal representation or is requested | 839 |
| to do so by a county public defender or joint county public | 840 |
| defender, may provide legal representation on appeal. | 841 |
| (5) The state public defender, when designated by the court | 842 |
| or requested by a county public defender, joint county public | 843 |
| defender, or the director of rehabilitation and correction, shall | 844 |
| provide legal representation in parole and probation revocation | 845 |
| matters or matters relating to the revocation of community control | 846 |
| or post-release control under a community control sanction or | 847 |
| post-release control sanction, unless the state public defender | 848 |
| finds that the alleged parole or probation violator or alleged | 849 |
| violator of a community control sanction or post-release control | 850 |
| sanction has the financial capacity to retain the alleged | 851 |
| violator's own counsel. | 852 |
| (6) If the state public defender contracts with a county | 853 |
| public defender commission, a joint county public defender | 854 |
| commission, or a board of county commissioners for the provision | 855 |
| of services, under authority of division (C)(7) of section 120.04 | 856 |
| of the Revised Code, the state public defender shall provide legal | 857 |
| representation in accordance with the contract. | 858 |
| (B) The state public defender shall not be required to | 859 |
| prosecute any appeal, postconviction remedy, or other proceeding | 860 |
| pursuant to division (A)(3), (4), or (5) of this section, unless | 861 |
| the state public defender first is satisfied that there is | 862 |
| arguable merit to the proceeding. | 863 |
| (C) A court may appoint counsel or allow an indigent person | 864 |
| to select the indigent's own personal counsel to assist the state | 865 |
| public defender as co-counsel when the interests of justice so | 866 |
| require. When co-counsel is appointed to assist the state public | 867 |
| defender, the co-counsel shall receive any compensation that the | 868 |
| court may approve, not to exceed the amounts provided for in | 869 |
| section 2941.51 of the Revised Code. | 870 |
| (D)(1) When the state public defender is designated by the | 871 |
| court or requested by a county public defender or joint county | 872 |
| public defender to provide legal representation for an indigent | 873 |
| person in any case, other than pursuant to a contract entered into | 874 |
| under authority of division (C)(7) of section 120.04 of the | 875 |
| Revised Code, the state public defender shall send to the county | 876 |
|
in which the case is filed | 877 |
| 878 | |
| itemizes legal fees and expenses. The county, upon receipt of an | 879 |
| itemized bill from the state public defender pursuant to this | 880 |
| division, shall | 881 |
| 882 | |
| public defender each of the following amounts: | 883 |
| (a) For the amount identified as legal fees in the itemized | 884 |
| bill, one hundred per cent of the amount identified as legal fees | 885 |
| less the state reimbursement rate as calculated by the state | 886 |
| public defender pursuant to section 120.34 of the Revised Code for | 887 |
| the month the case terminated, as set forth in the itemized bill; | 888 |
| (b) For the amount identified as expenses in the itemized | 889 |
| bill, one hundred per cent. | 890 |
| (2) Upon payment of the itemized bill under division (D)(1) | 891 |
| of this section, the county may submit the cost of the expenses, | 892 |
| excluding legal fees, to the state public defender for | 893 |
| reimbursement pursuant to section 120.33 of the Revised Code. | 894 |
| (3) When the state public defender provides investigation or | 895 |
| mitigation services to private appointed counsel or to a county or | 896 |
| joint county public defender as approved by the appointing court, | 897 |
| other than pursuant to a contract entered into under authority of | 898 |
| division (C)(7) of section 120.04 of the Revised Code, the state | 899 |
| public defender shall send to the county in which the case is | 900 |
| filed a bill itemizing the actual cost of the services provided. | 901 |
| The county, upon receipt of an itemized bill from the state public | 902 |
| defender pursuant to this division, shall pay one hundred per cent | 903 |
| of the amount as set forth in the itemized bill. Upon payment of | 904 |
| the itemized bill received pursuant to this division, the county | 905 |
| may submit the cost of the investigation and mitigation services | 906 |
| to the state public defender for reimbursement pursuant to section | 907 |
| 120.33 of the Revised Code. | 908 |
| (4) There is hereby created in the state treasury the county | 909 |
| representation fund for the deposit of moneys received from | 910 |
| counties under this division. All moneys credited to the fund | 911 |
| shall be used by the state public defender to provide legal | 912 |
| representation for indigent persons when designated by the court | 913 |
| or requested by a county or joint county public defender or to | 914 |
| provide investigation or mitigation services, including | 915 |
| investigation or mitigation services to private appointed counsel | 916 |
| or a county or joint county public defender, as approved by the | 917 |
| court. | 918 |
| (E)(1) Notwithstanding any contrary provision of sections | 919 |
| 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code | 920 |
| that pertains to representation by the attorney general, an | 921 |
| assistant attorney general, or special counsel of an officer or | 922 |
| employee, as defined in section 109.36 of the Revised Code, or of | 923 |
| an entity of state government, the state public defender may elect | 924 |
| to contract with, and to have the state pay pursuant to division | 925 |
| (E)(2) of this section for the services of, private legal counsel | 926 |
| to represent the Ohio public defender commission, the state public | 927 |
| defender, assistant state public defenders, other employees of the | 928 |
| commission or the state public defender, and attorneys described | 929 |
| in division (C) of section 120.41 of the Revised Code in a | 930 |
| malpractice or other civil action or proceeding that arises from | 931 |
| alleged actions or omissions related to responsibilities derived | 932 |
| pursuant to this chapter, or in a civil action that is based upon | 933 |
| alleged violations of the constitution or statutes of the United | 934 |
| States, including section 1983 of Title 42 of the United States | 935 |
| Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that | 936 |
| arises from alleged actions or omissions related to | 937 |
| responsibilities derived pursuant to this chapter, if the state | 938 |
| public defender determines, in good faith, that the defendant in | 939 |
| the civil action or proceeding did not act manifestly outside the | 940 |
| scope of the defendant's employment or official responsibilities, | 941 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 942 |
| manner. If the state public defender elects not to contract | 943 |
| pursuant to this division for private legal counsel in a civil | 944 |
| action or proceeding, then, in accordance with sections 109.02, | 945 |
| 109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the | 946 |
| attorney general shall represent or provide for the representation | 947 |
| of the Ohio public defender commission, the state public defender, | 948 |
| assistant state public defenders, other employees of the | 949 |
| commission or the state public defender, or attorneys described in | 950 |
| division (C) of section 120.41 of the Revised Code in the civil | 951 |
| action or proceeding. | 952 |
| (2)(a) Subject to division (E)(2)(b) of this section, payment | 953 |
| from the state treasury for the services of private legal counsel | 954 |
| with whom the state public defender has contracted pursuant to | 955 |
| division (E)(1) of this section shall be accomplished only through | 956 |
| the following procedure: | 957 |
| (i) The private legal counsel shall file with the attorney | 958 |
| general a copy of the contract; a request for an award of legal | 959 |
| fees, court costs, and expenses earned or incurred in connection | 960 |
| with the defense of the Ohio public defender commission, the state | 961 |
| public defender, an assistant state public defender, an employee, | 962 |
| or an attorney in a specified civil action or proceeding; a | 963 |
| written itemization of those fees, costs, and expenses, including | 964 |
| the signature of the state public defender and the state public | 965 |
| defender's attestation that the fees, costs, and expenses were | 966 |
| earned or incurred pursuant to division (E)(1) of this section to | 967 |
| the best of the state public defender's knowledge and information; | 968 |
| a written statement whether the fees, costs, and expenses are for | 969 |
| all legal services to be rendered in connection with that defense, | 970 |
| are only for legal services rendered to the date of the request | 971 |
| and additional legal services likely will have to be provided in | 972 |
| connection with that defense, or are for the final legal services | 973 |
| rendered in connection with that defense; a written statement | 974 |
| indicating whether the private legal counsel previously submitted | 975 |
| a request for an award under division (E)(2) of this section in | 976 |
| connection with that defense and, if so, the date and the amount | 977 |
| of each award granted; and, if the fees, costs, and expenses are | 978 |
| for all legal services to be rendered in connection with that | 979 |
| defense or are for the final legal services rendered in connection | 980 |
| with that defense, a certified copy of any judgment entry in the | 981 |
| civil action or proceeding or a signed copy of any settlement | 982 |
| agreement entered into between the parties to the civil action or | 983 |
| proceeding. | 984 |
| (ii) Upon receipt of a request for an award of legal fees, | 985 |
| court costs, and expenses and the requisite supportive | 986 |
| documentation described in division (E)(2)(a)(i) of this section, | 987 |
| the attorney general shall review the request and documentation; | 988 |
| determine whether any of the limitations specified in division | 989 |
| (E)(2)(b) of this section apply to the request; and, if an award | 990 |
| of legal fees, court costs, or expenses is permissible after | 991 |
| applying the limitations, prepare a document awarding legal fees, | 992 |
| court costs, or expenses to the private legal counsel. The | 993 |
| document shall name the private legal counsel as the recipient of | 994 |
| the award; specify the total amount of the award as determined by | 995 |
| the attorney general; itemize the portions of the award that | 996 |
| represent legal fees, court costs, and expenses; specify any | 997 |
| limitation applied pursuant to division (E)(2)(b) of this section | 998 |
| to reduce the amount of the award sought by the private legal | 999 |
| counsel; state that the award is payable from the state treasury | 1000 |
| pursuant to division (E)(2)(a)(iii) of this section; and be | 1001 |
| approved by the inclusion of the signatures of the attorney | 1002 |
| general, the state public defender, and the private legal counsel. | 1003 |
| (iii) The attorney general shall forward a copy of the | 1004 |
| document prepared pursuant to division (E)(2)(a)(ii) of this | 1005 |
| section to the director of budget and management. The award of | 1006 |
| legal fees, court costs, or expenses shall be paid out of the | 1007 |
| state public defender's appropriations, to the extent there is a | 1008 |
| sufficient available balance in those appropriations. If the state | 1009 |
| public defender does not have a sufficient available balance in | 1010 |
| the state public defender's appropriations to pay the entire award | 1011 |
| of legal fees, court costs, or expenses, the director shall make | 1012 |
| application for a transfer of appropriations out of the emergency | 1013 |
| purposes account or any other appropriation for emergencies or | 1014 |
| contingencies in an amount equal to the portion of the award that | 1015 |
| exceeds the sufficient available balance in the state public | 1016 |
| defender's appropriations. A transfer of appropriations out of the | 1017 |
| emergency purposes account or any other appropriation for | 1018 |
| emergencies or contingencies shall be authorized if there are | 1019 |
| sufficient moneys greater than the sum total of then pending | 1020 |
| emergency purposes account requests, or requests for releases from | 1021 |
| the other appropriation. If a transfer of appropriations out of | 1022 |
| the emergency purposes account or other appropriation for | 1023 |
| emergencies or contingencies is made to pay an amount equal to the | 1024 |
| portion of the award that exceeds the sufficient available balance | 1025 |
| in the state public defender's appropriations, the director shall | 1026 |
| cause the payment to be made to the private legal counsel. If | 1027 |
| sufficient moneys do not exist in the emergency purposes account | 1028 |
| or other appropriation for emergencies or contingencies to pay an | 1029 |
| amount equal to the portion of the award that exceeds the | 1030 |
| sufficient available balance in the state public defender's | 1031 |
| appropriations, the private legal counsel shall request the | 1032 |
| general assembly to make an appropriation sufficient to pay an | 1033 |
| amount equal to the portion of the award that exceeds the | 1034 |
| sufficient available balance in the state public defender's | 1035 |
| appropriations, and no payment in that amount shall be made until | 1036 |
| the appropriation has been made. The private legal counsel shall | 1037 |
| make the request during the current biennium and during each | 1038 |
| succeeding biennium until a sufficient appropriation is made. | 1039 |
| (b) An award of legal fees, court costs, and expenses | 1040 |
| pursuant to division (E) of this section is subject to the | 1041 |
| following limitations: | 1042 |
| (i) The maximum award or maximum aggregate of a series of | 1043 |
| awards of legal fees, court costs, and expenses to the private | 1044 |
| legal counsel in connection with the defense of the Ohio public | 1045 |
| defender commission, the state public defender, an assistant state | 1046 |
| public defender, an employee, or an attorney in a specified civil | 1047 |
| action or proceeding shall not exceed fifty thousand dollars. | 1048 |
| (ii) The private legal counsel shall not be awarded legal | 1049 |
| fees, court costs, or expenses to the extent the fees, costs, or | 1050 |
| expenses are covered by a policy of malpractice or other | 1051 |
| insurance. | 1052 |
| (iii) The private legal counsel shall be awarded legal fees | 1053 |
| and expenses only to the extent that the fees and expenses are | 1054 |
| reasonable in light of the legal services rendered by the private | 1055 |
| legal counsel in connection with the defense of the Ohio public | 1056 |
| defender commission, the state public defender, an assistant state | 1057 |
| public defender, an employee, or an attorney in a specified civil | 1058 |
| action or proceeding. | 1059 |
| (c) If, pursuant to division (E)(2)(a) of this section, the | 1060 |
| attorney general denies a request for an award of legal fees, | 1061 |
| court costs, or expenses to private legal counsel because of the | 1062 |
| application of a limitation specified in division (E)(2)(b) of | 1063 |
| this section, the attorney general shall notify the private legal | 1064 |
| counsel in writing of the denial and of the limitation applied. | 1065 |
| (d) If, pursuant to division (E)(2)(c) of this section, a | 1066 |
| private legal counsel receives a denial of an award notification | 1067 |
| or if a private legal counsel refuses to approve a document under | 1068 |
| division (E)(2)(a)(ii) of this section because of the proposed | 1069 |
| application of a limitation specified in division (E)(2)(b) of | 1070 |
| this section, the private legal counsel may commence a civil | 1071 |
| action against the attorney general in the court of claims to | 1072 |
| prove the private legal counsel's entitlement to the award sought, | 1073 |
| to prove that division (E)(2)(b) of this section does not prohibit | 1074 |
| or otherwise limit the award sought, and to recover a judgment for | 1075 |
| the amount of the award sought. A civil action under division | 1076 |
| (E)(2)(d) of this section shall be commenced no later than two | 1077 |
| years after receipt of a denial of award notification or, if the | 1078 |
| private legal counsel refused to approve a document under division | 1079 |
| (E)(2)(a)(ii) of this section because of the proposed application | 1080 |
| of a limitation specified in division (E)(2)(b) of this section, | 1081 |
| no later than two years after the refusal. Any judgment of the | 1082 |
| court of claims in favor of the private legal counsel shall be | 1083 |
| paid from the state treasury in accordance with division (E)(2)(a) | 1084 |
| of this section. | 1085 |
| (F) If a court appoints the office of the state public | 1086 |
| defender to represent a petitioner in a postconviction relief | 1087 |
| proceeding under section 2953.21 of the Revised Code, the | 1088 |
| petitioner has received a sentence of death, and the proceeding | 1089 |
| relates to that sentence, all of the attorneys who represent the | 1090 |
| petitioner in the proceeding pursuant to the appointment, whether | 1091 |
| an assistant state public defender, the state public defender, or | 1092 |
| another attorney, shall be certified under Rule 20 of the Rules of | 1093 |
| Superintendence for the Courts of Ohio to represent indigent | 1094 |
| defendants charged with or convicted of an offense for which the | 1095 |
| death penalty can be or has been imposed. | 1096 |
| (G) As used in this section: | 1097 |
| (1) "Community control sanction" has the same meaning as in | 1098 |
| section 2929.01 of the Revised Code. | 1099 |
| (2) "Post-release control sanction" has the same meaning as | 1100 |
| in section 2967.01 of the Revised Code. | 1101 |
| Sec. 120.13. (A) The county commissioners in any county may | 1102 |
| establish a county public defender commission. The commission | 1103 |
| shall have five members, three of whom shall be appointed by the | 1104 |
| board of county commissioners, and two by the judge, or the | 1105 |
| presiding judge if there is one, of the court of common pleas of | 1106 |
| the county. At least one member appointed by each of these | 1107 |
| appointing bodies shall be an attorney admitted to the practice of | 1108 |
| law in this state. | 1109 |
| (B) The board of county commissioners shall select a specific | 1110 |
| day for the county public defender commission to be established | 1111 |
| and on which all members' appointments shall take effect, and | 1112 |
| shall notify the Ohio public defender commission of the date. | 1113 |
| (C) Of the initial appointments made to the county public | 1114 |
| defender commission, two appointments by the county commissioners | 1115 |
| and one appointment by the court shall be for a term of two years | 1116 |
| ending two years after the date the commission is established, and | 1117 |
| one appointment by each of the appointing bodies shall be for a | 1118 |
| term ending four years after the date the commission is | 1119 |
| established. Thereafter, terms of office shall be for four years, | 1120 |
| each term ending on the same day of the same month of the year as | 1121 |
| did the term which it succeeds. Each member shall hold office from | 1122 |
| the date of | 1123 |
| the member was appointed. Any member appointed to fill a vacancy | 1124 |
| occurring prior to the expiration of the term for which
| 1125 |
| member's predecessor was appointed shall hold office for the | 1126 |
| remainder of such term. Any member shall continue in office | 1127 |
| subsequent to
the expiration date of | 1128 |
| 1129 | |
| elapsed, whichever occurs first. | 1130 |
| (D) The members of the commission shall choose as | 1131 |
| chairperson one of the commission members, who shall serve as | 1132 |
| 1133 | |
| least quarterly and at such
other times as called by the | 1134 |
| chairperson or by request of the county public defender. Members | 1135 |
| of the commission may receive an amount fixed by the county | 1136 |
| commissioners, but not in excess of the amounts set for the | 1137 |
| members of the Ohio public defender commission pursuant to section | 1138 |
| 124.14 of the Revised Code per diem for every meeting of the board | 1139 |
| they attend, and necessary expenses including mileage for each | 1140 |
| mile necessarily traveled. | 1141 |
| (E) The county commissioners may terminate the county public | 1142 |
| defender commission at any time if at least ninety days prior to | 1143 |
| termination, the commissioners notify the Ohio public defender | 1144 |
| commission in writing of the termination date. Upon the | 1145 |
| termination date all pending county public defender matters shall | 1146 |
| be transferred to the state public defender, a joint county public | 1147 |
| defender, or appointed counsel. | 1148 |
| (F) | 1149 |
| matters assumed by the state public defender shall be charged to | 1150 |
| the counties in accordance with division (D) of section 120.06 of | 1151 |
| the Revised Code. | 1152 |
| Sec. 120.23. (A) The boards of county commissioners in two | 1153 |
| or more adjoining or neighboring counties may form themselves into | 1154 |
| a joint board and proceed to organize a district for the | 1155 |
| establishment of a joint county public defender commission. The | 1156 |
| commission shall have three members from each county, who shall be | 1157 |
| appointed by the board of county commissioners of the county. | 1158 |
| (B) The boards shall agree on a specific date for the joint | 1159 |
| county public defender commission to be established, on which date | 1160 |
| the appointments of all members shall take effect. The joint board | 1161 |
| shall notify the Ohio public defender commission of the date. | 1162 |
| (C) Of the initial appointments made by each county to the | 1163 |
| joint county public defender commission, one appointment shall be | 1164 |
| for a term of one year ending one year after the date the | 1165 |
| commission is established, one appointment shall be for a term of | 1166 |
| two years ending two years after the date the commission is | 1167 |
| established, and one appointment shall be for a period of three | 1168 |
| years, ending three years after the date the commission is | 1169 |
| established. Thereafter, terms of office shall be for three years, | 1170 |
| each term ending on the same day of the same month of the year as | 1171 |
| did the term which it succeeds. Each member shall hold office from | 1172 |
| the date of | 1173 |
| the member was appointed. Any member appointed to fill a vacancy | 1174 |
| occurring prior to the expiration of the term for which
| 1175 |
| member's predecessor was appointed shall hold office for the | 1176 |
| remainder of the term. Any member shall continue in office | 1177 |
| subsequent to
the expiration date of | 1178 |
| 1179 | |
| elapsed, whichever occurs first. | 1180 |
| (D) The members of the commission shall choose as | 1181 |
| chairperson one of the commission members, who shall serve as | 1182 |
| 1183 | |
| least quarterly and at such
other times as called by the | 1184 |
| chairperson or by request of the joint county public defender. | 1185 |
| Members of the commission may receive an amount fixed by the | 1186 |
| agreement of the boards of commissioners of the counties in the | 1187 |
| district, but not in excess of the amount set for the members of | 1188 |
| the Ohio public defender commission pursuant to section 124.14 of | 1189 |
| the Revised Code per diem for every meeting of the commission they | 1190 |
| attend, and necessary expenses including mileage for each mile | 1191 |
| necessarily traveled. | 1192 |
| (E) The agreement of the boards of county commissioners | 1193 |
| establishing the joint county public defender commission shall | 1194 |
| provide for the allocation of the proportion of expenses to be | 1195 |
| paid by each county, which may be based upon population, number of | 1196 |
| cases, or such other factors as the commissioners determine to be | 1197 |
| appropriate. The county commissioners may amend their agreement | 1198 |
| from time to time to provide for a different allocation of the | 1199 |
| proportion of expenses to be paid by each county. | 1200 |
| (F) The county auditor of the county | 1201 |
| population is hereby designated as the fiscal officer of a joint | 1202 |
| county public defender district organized under this section. The | 1203 |
| county auditors of the several counties composing the joint county | 1204 |
| public defender commission district shall meet at the commission | 1205 |
| office not less than once in each six months, to adjust accounts | 1206 |
| and to transact such other duties in connection with the | 1207 |
| commission as pertain to the business of their office. | 1208 |
| (G) Each member of the board of county commissioners who | 1209 |
| meets by appointment to consider the organization of a joint | 1210 |
| county public defender commission shall, upon presentation of | 1211 |
|
properly certified accounts, be paid | 1212 |
|
expenses upon
a warrant drawn by the county auditor of | 1213 |
| member's county. | 1214 |
| (H) The board of county commissioners of any county within a | 1215 |
| joint county public defender commission district may withdraw from | 1216 |
| the district. Such withdrawal shall not be effective until at | 1217 |
| least ninety days after the board has notified the Ohio public | 1218 |
| defender commission, the joint county public defender commission | 1219 |
| of the district, and each board of county commissioners in the | 1220 |
| district, in writing of the termination date. The failure of a | 1221 |
| board of county commissioners to approve an annual operating | 1222 |
| budget for the office of the joint county public defender as | 1223 |
| provided in division (C)(1) of section 120.24 of the Revised Code | 1224 |
| constitutes a notice of withdrawal by the county from the | 1225 |
| district, effective on the ninetieth day after commencement of the | 1226 |
| next fiscal year. Upon the termination date, all joint county | 1227 |
| public defender matters relating to the withdrawing county shall | 1228 |
| be transferred to the state public defender, a county public | 1229 |
| defender, or appointed counsel. | 1230 |
| (I) | 1231 |
| matters assumed by the state public defender shall be charged to | 1232 |
| the counties in accordance with division (D) of section 120.06 of | 1233 |
| the Revised Code. | 1234 |
| Members of the joint county public defender commission who | 1235 |
| are residents of a county withdrawing from such district are | 1236 |
| deemed to have resigned their positions upon the completion of the | 1237 |
| withdrawal procedure provided by this section. Vacancies thus | 1238 |
| created shall not be filled. | 1239 |
| If two or more counties remain within the district after the | 1240 |
| withdrawal, the boards of county commissioners of the remaining | 1241 |
| adjoining or neighboring counties may agree to continue the | 1242 |
| operation of the joint county public defender commission and to | 1243 |
| reallocate the proportionate share of expenses to be paid by each | 1244 |
| participating county. | 1245 |
| Sec. 120.36. (A) If a person who is a defendant in a criminal | 1246 |
| case requests or is provided a state public defender, a county or | 1247 |
| joint county public defender, or any other counsel appointed by | 1248 |
| the court, the court in which the criminal case is filed shall | 1249 |
| assess, unless the application fee is waived or reduced, a | 1250 |
| non-refundable application fee of twenty-five dollars. | 1251 |
| The court shall direct the person to pay the application fee | 1252 |
| to the clerk of courts of the county. The person shall pay the | 1253 |
| application fee at the time the person files an affidavit of | 1254 |
| indigency or a financial disclosure form with the court or within | 1255 |
| seven days of that date. If the person does not pay the | 1256 |
| application fee within that seven-day period, the court shall | 1257 |
| assess the application fee at sentencing or at the final | 1258 |
| disposition of the case. | 1259 |
| The court shall assess an application fee pursuant to this | 1260 |
| section one time per case. It may waive or reduce the fee upon a | 1261 |
| finding that the person lacks financial resources that are | 1262 |
| sufficient to pay the fee. | 1263 |
| (B) No court, state public defender, or county or joint | 1264 |
| county public defender shall deny a person the assistance of | 1265 |
| counsel solely due to the person's failure to pay the application | 1266 |
| fee assessed pursuant to division (A) of this section. A person's | 1267 |
| present inability, failure, or refusal to pay the application fee | 1268 |
| shall not disqualify that person from legal representation. The | 1269 |
| court may consider a person's willful failure to pay the fee as an | 1270 |
| enhancement factor when imposing the person's sentence if the | 1271 |
| person is convicted of or pleads guilty to the commission of an | 1272 |
| offense for which the penalty or any possible adjudication | 1273 |
| includes the potential loss of liberty. | 1274 |
| (C) The application fee assessed pursuant to division (A) of | 1275 |
| this section is separate from and in addition to any other amount | 1276 |
| assessed against a person who is found to be able to contribute | 1277 |
| toward the cost of the person's legal representation pursuant to | 1278 |
| division (D) of section 2941.51 of the Revised Code. | 1279 |
| (D) The clerk of courts shall deposit all application fees | 1280 |
| collected pursuant to this section with the county treasurer. The | 1281 |
| county shall retain eighty per cent of the application fees so | 1282 |
| collected to offset the costs of providing legal representation to | 1283 |
| indigent persons. Each month, the county auditor shall remit | 1284 |
| twenty per cent of the application fees so collected to the state | 1285 |
| public defender. The state public defender shall deposit the | 1286 |
| remitted fees into the state treasury to the credit of the client | 1287 |
| payment fund created pursuant to division (B)(5) of section 120.04 | 1288 |
| of the Revised Code. The state public defender may use that money | 1289 |
| in accordance with that section. | 1290 |
| (E) On or before the first day of March of each year, the | 1291 |
| clerk of courts of each county shall provide to the state public | 1292 |
| defender and the state auditor a report including all of the | 1293 |
| following: | 1294 |
| (1) The number of persons who requested or were provided a | 1295 |
| state public defender, county or joint county public defender, or | 1296 |
| other counsel appointed by the court; | 1297 |
| (2) The number of persons for whom the court waived the | 1298 |
| application fee pursuant to division (A) of this section; | 1299 |
| (3) The dollar value of the assessed application fees | 1300 |
| pursuant to division (A) of this section in the previous year; | 1301 |
| (4) The amount of assessed application fees collected in the | 1302 |
| previous year; | 1303 |
| (5) The balance of unpaid assessed application fees at the | 1304 |
| open and close of the previous year. | 1305 |
| Sec. 120.52. There is hereby established in the state | 1306 |
| treasury the legal aid fund, which shall be for the charitable | 1307 |
| public purpose of providing financial assistance to legal aid | 1308 |
| societies that provide civil legal services to indigents. The fund | 1309 |
| shall contain all funds credited to it by the treasurer of state | 1310 |
| pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09 | 1311 |
| and 4705.10 of the Revised Code and income from investment | 1312 |
| credited to it by the treasurer of state in accordance with this | 1313 |
| section. | 1314 |
| The treasurer of state may invest moneys contained in the | 1315 |
| legal aid fund in any manner authorized by the Revised Code for | 1316 |
| the investment of state moneys. However, no such investment shall | 1317 |
| interfere with any apportionment, allocation, or payment of moneys | 1318 |
| in January and July of each calendar year, as required by section | 1319 |
| 120.53 of the Revised Code. All income earned as a result of any | 1320 |
| such investment shall be credited to the fund. | 1321 |
| The state public defender, through the Ohio legal assistance | 1322 |
| foundation, shall administer the payment of moneys out of the | 1323 |
| fund. Four and one-half per cent of the moneys in the fund shall | 1324 |
| be reserved for the actual, reasonable costs of administering | 1325 |
| sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, | 1326 |
| 3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that | 1327 |
| are reserved for administrative costs but that are not used for | 1328 |
| actual, reasonable administrative costs shall be set aside for use | 1329 |
| in the manner described in division (A) of section 120.521 of the | 1330 |
| Revised Code. The remainder of the moneys in the legal aid fund | 1331 |
| shall be distributed in accordance with section 120.53 of the | 1332 |
| Revised Code. The Ohio legal assistance foundation shall establish | 1333 |
| rules governing the administration of the legal aid fund, | 1334 |
| including the
| 1335 |
| 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised | 1336 |
| Code regarding interest on interest-bearing trust accounts of an | 1337 |
| attorney, law firm, or legal professional association. | 1338 |
| Sec. 120.53. (A) A legal aid society that operates within | 1339 |
| the state may apply to the Ohio legal assistance foundation for | 1340 |
| financial assistance from the legal aid fund established by | 1341 |
| section 120.52 of the Revised Code to be used for the funding of | 1342 |
| the society during the calendar year following the calendar year | 1343 |
| in which application is made. | 1344 |
| (B) An application for financial assistance made under | 1345 |
| division (A) of this section shall be submitted by the first day | 1346 |
| of November of the calendar year preceding the calendar year for | 1347 |
| which financial assistance is desired and shall include all of the | 1348 |
| following: | 1349 |
| (1) Evidence that the applicant is incorporated in this state | 1350 |
| as a nonprofit corporation; | 1351 |
| (2) A list of the trustees of the applicant; | 1352 |
| (3) The proposed budget of the applicant for these funds for | 1353 |
| the following calendar year; | 1354 |
| (4) A summary of the services to be offered by the applicant | 1355 |
| in the following calendar year; | 1356 |
| (5) A specific description of the territory or constituency | 1357 |
| served by the applicant; | 1358 |
| (6) An estimate of the number of persons to be served by the | 1359 |
| applicant during the following calendar year; | 1360 |
| (7) A general description of the additional sources of the | 1361 |
| applicant's funding; | 1362 |
| (8) The amount of the applicant's total budget for the | 1363 |
| calendar year in which the application is filed that it will | 1364 |
| expend in that calendar year for legal services in each of the | 1365 |
| counties it serves; | 1366 |
| (9) A specific description of any services, programs, | 1367 |
| training, and legal technical assistance to be delivered by the | 1368 |
| applicant or by another person pursuant to a contract with the | 1369 |
| applicant, including, but not limited to, by private attorneys or | 1370 |
| through reduced fee plans, judicare panels, organized pro bono | 1371 |
| programs, and mediation programs. | 1372 |
| (C) The Ohio legal assistance foundation shall determine | 1373 |
| whether each applicant that filed an application for financial | 1374 |
| assistance under division (A) of this section in a calendar year | 1375 |
| is eligible for financial assistance under this section. To be | 1376 |
| eligible for such financial assistance, an applicant shall satisfy | 1377 |
| the criteria for being a legal aid society and shall be in | 1378 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 1379 |
| Revised Code and with the rules and requirements the foundation | 1380 |
| establishes pursuant to section 120.52 of the Revised Code. The | 1381 |
| Ohio legal assistance foundation then, on or before the fifteenth | 1382 |
| day of December of the calendar year in which the application is | 1383 |
| filed, shall notify each such applicant, in writing, whether it is | 1384 |
| eligible for financial assistance under this section, and if it is | 1385 |
| eligible, estimate the amount that will be available for that | 1386 |
| applicant for each six-month distribution period, as determined | 1387 |
| under division (D) of this section. | 1388 |
| (D) The Ohio legal assistance foundation shall allocate | 1389 |
| moneys contained in the legal aid fund twice each year for | 1390 |
| distribution to applicants that filed their applications in the | 1391 |
| previous calendar year and were determined to be eligible | 1392 |
| applicants. | 1393 |
| All moneys contained in the fund on the first day of January | 1394 |
| of a calendar year shall be allocated, after deduction of the | 1395 |
| costs of administering sections 120.51 to 120.55 and sections | 1396 |
| 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the | 1397 |
| Revised Code that are authorized by section 120.52 of the Revised | 1398 |
| Code, according to this section and shall be distributed | 1399 |
| accordingly on the thirty-first day of January of that calendar | 1400 |
| year, and all moneys contained in the fund on the first day of | 1401 |
| July of that calendar year shall be allocated, after deduction of | 1402 |
| the costs of administering those sections that are authorized by | 1403 |
| section 120.52 of the Revised Code, according to this section and | 1404 |
| shall be distributed accordingly on the thirty-first day of July | 1405 |
| of that calendar year. In making the allocations under this | 1406 |
| section, the moneys in the fund that were generated pursuant to | 1407 |
| sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 1408 |
| 4705.10 of the Revised Code and all income generated from the | 1409 |
| investment of such moneys shall be apportioned as follows: | 1410 |
| (1) After deduction of the amount authorized and used for | 1411 |
| actual, reasonable administrative costs under section 120.52 of | 1412 |
| the Revised Code: | 1413 |
| (a) Five per cent of the moneys remaining in the fund | 1414 |
| 1415 | |
| 1416 | |
| shall be reserved for use in the manner described in division (A) | 1417 |
| of section 120.521 of the Revised Code or for distribution to | 1418 |
| legal aid societies that provide assistance to special population | 1419 |
| groups of their eligible clients, engage in special projects that | 1420 |
| have a substantial impact on their local service area or on | 1421 |
| significant segments of the state's poverty population, or provide | 1422 |
| legal training or support to other legal aid societies in the | 1423 |
| state; | 1424 |
| (b) After deduction of the amount described in division | 1425 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 1426 |
| moneys remaining in the fund shall be apportioned among entities | 1427 |
| that received financial assistance from the legal aid fund prior | 1428 |
| to the effective date of this amendment but that, on and after the | 1429 |
| effective date of this amendment, no longer qualify as a legal aid | 1430 |
| society that is eligible for financial assistance under this | 1431 |
| section. | 1432 |
| (c) After deduction of the amounts described in divisions | 1433 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 1434 |
| remaining in the fund shall be placed in the legal assistance | 1435 |
| foundation fund for use in the manner described in division (A) of | 1436 |
| section 120.521 of the Revised Code. | 1437 |
| (2) After deduction of the actual, reasonable administrative | 1438 |
| costs under section 120.52 of the Revised Code and after deduction | 1439 |
| of the amounts identified in | 1440 |
| (b), and (c) of this section, the remaining moneys shall be | 1441 |
| apportioned among the counties that are served by eligible legal | 1442 |
| aid societies that have applied for financial assistance under | 1443 |
| this section so that each such county is apportioned a portion of | 1444 |
| those moneys, based upon the ratio of the number of indigents who | 1445 |
| reside in that county to the total number of indigents who reside | 1446 |
| in all counties of this state that are served by eligible legal | 1447 |
| aid societies that have applied for financial assistance under | 1448 |
| this section. Subject to division (E) of this section, the moneys | 1449 |
| apportioned to a county under this division then shall be | 1450 |
| allocated to the eligible legal aid society that serves the county | 1451 |
| and that has applied for financial assistance under this section. | 1452 |
| For purposes of this division, the source of data identifying the | 1453 |
| number of indigent persons who reside in a county shall be the | 1454 |
| most recent decennial census figures from the United States | 1455 |
| department of commerce, division of census. | 1456 |
| (E) If the Ohio legal assistance foundation, in attempting to | 1457 |
| make an allocation of moneys under division (D)(2) of this | 1458 |
| section, determines that a county that has been apportioned money | 1459 |
| under that division is served by more than one eligible legal aid | 1460 |
| society that has applied for financial assistance under this | 1461 |
| section, the Ohio legal assistance foundation shall allocate the | 1462 |
| moneys that have been apportioned to that county under division | 1463 |
| (D)(2) of this section among all eligible legal aid societies that | 1464 |
| serve that county and that have applied for financial assistance | 1465 |
| under this section on a pro rata basis, so that each such eligible | 1466 |
| society is allocated a portion based upon the amount of its total | 1467 |
| budget expended in the prior calendar year for legal services in | 1468 |
| that county as compared to the total amount expended in the prior | 1469 |
| calendar year for legal services in that county by all eligible | 1470 |
| legal aid societies that serve that county and that have applied | 1471 |
| for financial assistance under this section. | 1472 |
| (F) Moneys allocated to eligible applicants under this | 1473 |
| section shall be paid twice annually, on the thirty-first day of | 1474 |
| January and on the thirty-first day of July of the calendar year | 1475 |
| following the calendar year in which the application is filed. | 1476 |
| (G)(1) A legal aid society that receives financial assistance | 1477 |
| in any calendar year under this section shall file an annual | 1478 |
| report with the Ohio legal assistance foundation detailing the | 1479 |
| number and types of cases handled, and the amount and types of | 1480 |
| legal training, legal technical assistance, and other service | 1481 |
| provided, by means of that financial assistance. No information | 1482 |
| contained in the report shall identify or enable the | 1483 |
| identification of any person served by the legal aid society or in | 1484 |
| any way breach client confidentiality. | 1485 |
| (2) The Ohio legal assistance foundation shall make an annual | 1486 |
| report to the governor, the general assembly, and the supreme | 1487 |
| court on the distribution and use of the legal aid fund. The | 1488 |
| foundation also shall include in the annual report an audited | 1489 |
| financial statement of all gifts, bequests, donations, | 1490 |
| contributions, and other moneys the foundation receives. No | 1491 |
| information contained in the report shall identify or enable the | 1492 |
| identification of any person served by a legal aid society, or in | 1493 |
| any way breach confidentiality. | 1494 |
| (H) A legal aid society may enter into agreements for the | 1495 |
| provision of services, programs, training, or legal technical | 1496 |
| assistance for the legal aid society or to indigent persons. | 1497 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 1498 |
| and children first cabinet council. The council shall be composed | 1499 |
| of the superintendent of public instruction and the directors of | 1500 |
| youth services, job and family services, mental health, health, | 1501 |
| alcohol and drug addiction services, mental retardation and | 1502 |
| developmental disabilities, and budget and management. The | 1503 |
| chairperson of the council shall be the governor or the governor's | 1504 |
| designee and shall establish procedures for the council's internal | 1505 |
| control and management. | 1506 |
| (2) The purpose of the cabinet council is to help families | 1507 |
| seeking government services. This section shall not be interpreted | 1508 |
| or applied to usurp the role of parents, but solely to streamline | 1509 |
| and coordinate existing government services for families seeking | 1510 |
| assistance for their children. | 1511 |
| In seeking to fulfill its purpose, the council may do any of | 1512 |
| the following: | 1513 |
| (a) Advise and make recommendations to the governor and | 1514 |
| general assembly regarding the provision of services to children; | 1515 |
| (b) Advise and assess local governments on the coordination | 1516 |
| of service delivery to children; | 1517 |
| (c) Hold meetings at such times and places as may be | 1518 |
| prescribed by the council's procedures and maintain records of the | 1519 |
| meetings, except that records identifying individual children are | 1520 |
| confidential and shall be disclosed only as provided by law; | 1521 |
| (d) Develop programs and projects, including pilot projects, | 1522 |
| to encourage coordinated efforts at the state and local level to | 1523 |
| improve the state's social service delivery system; | 1524 |
| (e) Enter into contracts with and administer grants to county | 1525 |
| family and children first councils, as well as other county or | 1526 |
| multicounty organizations to plan and coordinate service delivery | 1527 |
| between state agencies and local service providers for families | 1528 |
| and children; | 1529 |
| (f) Enter into contracts with and apply for grants from | 1530 |
| federal agencies or private organizations; | 1531 |
| (g) Enter into interagency agreements to encourage | 1532 |
| coordinated efforts at the state and local level to improve the | 1533 |
| state's social service delivery system. The agreements may include | 1534 |
| provisions regarding the receipt, transfer, and expenditure of | 1535 |
| funds; | 1536 |
| (h) Identify public and private funding sources for services | 1537 |
| provided to alleged or adjudicated unruly children and children | 1538 |
| who are at risk of being alleged or adjudicated unruly children, | 1539 |
| including regulations governing access to and use of the services; | 1540 |
| (i) Collect information provided by local communities | 1541 |
| regarding successful programs for prevention, intervention, and | 1542 |
| treatment of unruly behavior, including evaluations of the | 1543 |
| programs; | 1544 |
| (j) Identify and disseminate publications regarding alleged | 1545 |
| or adjudicated unruly children and children who are at risk of | 1546 |
| being alleged or adjudicated unruly children and regarding | 1547 |
| programs serving those types of children; | 1548 |
| (k) Maintain an inventory of strategic planning facilitators | 1549 |
| for use by government or nonprofit entities that serve alleged or | 1550 |
| adjudicated unruly children or children who are at risk of being | 1551 |
| alleged or adjudicated unruly children. | 1552 |
| (3) The cabinet council shall provide for the following: | 1553 |
| (a) Reviews of service and treatment plans for children for | 1554 |
| which such reviews are requested; | 1555 |
| (b) Assistance as the council determines to be necessary to | 1556 |
| meet the needs of children referred by county family and children | 1557 |
| first councils; | 1558 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 1559 |
| coordinated, multi-disciplinary, interagency system for infants | 1560 |
| and toddlers with developmental disabilities or delays and their | 1561 |
| families, as established pursuant to federal grants received and | 1562 |
| administered by the department of health for early intervention | 1563 |
| services under the "Education of the Handicapped Act Amendments of | 1564 |
| 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471, as amended. | 1565 |
| (B)(1) Each board of county commissioners shall establish a | 1566 |
| county family and children first council. The board may invite any | 1567 |
| local public or private agency or group that funds, advocates, or | 1568 |
| provides services to children and families to have a | 1569 |
| representative become a permanent or temporary member of its | 1570 |
| county council. Each county council must include the following | 1571 |
| individuals: | 1572 |
| (a) At least three individuals who do not have an immediate | 1573 |
| family member who is employed by an agency represented on the | 1574 |
| council and whose families are or have received services from an | 1575 |
| agency represented on the council or another county's council. | 1576 |
| Where possible, the number of members representing families shall | 1577 |
| be equal to twenty per cent of the council's membership. | 1578 |
| (b) The director of the board of alcohol, drug addiction, and | 1579 |
| mental health services that serves the county, or, in the case of | 1580 |
| a county that has a board of alcohol and drug addiction services | 1581 |
| and a community mental health board, the directors of both boards. | 1582 |
| If a board of alcohol, drug addiction, and mental health services | 1583 |
| covers more than one county, the director may designate a person | 1584 |
| to participate on the county's council. | 1585 |
| (c) The health commissioner, or the commissioner's designee, | 1586 |
| of the board of health of each city and general health district in | 1587 |
| the county. If the county has two or more health districts, the | 1588 |
| health commissioner membership may be limited to the commissioners | 1589 |
| of the two districts with the largest populations. | 1590 |
| (d) The director of the county department of job and family | 1591 |
| services; | 1592 |
| (e) The executive director of the county agency responsible | 1593 |
| for the administration of children services pursuant to section | 1594 |
| 5153.15 of the Revised Code; | 1595 |
| (f) The superintendent of the county board of mental | 1596 |
| retardation and developmental disabilities; | 1597 |
| (g) The county's juvenile court judge senior in service or | 1598 |
| another judge of the juvenile court designated by the | 1599 |
| administrative judge or, where there is no administrative judge, | 1600 |
| by the judge senior in service; | 1601 |
| (h) The superintendent of the city, exempted village, or | 1602 |
| local school district with the largest number of pupils residing | 1603 |
| in the county, as determined by the department of education, which | 1604 |
| shall notify each board of county commissioners of its | 1605 |
| determination at least biennially; | 1606 |
| (i) A school superintendent representing all other school | 1607 |
| districts with territory in the county, as designated at a | 1608 |
| biennial meeting of the superintendents of those districts; | 1609 |
| (j) A representative of the municipal corporation with the | 1610 |
| largest population in the county; | 1611 |
| (k) The president of the board of county commissioners, or an | 1612 |
| individual designated by the board; | 1613 |
| (l) A representative of the regional office of the department | 1614 |
| of youth services; | 1615 |
| (m) A representative of the county's head start agencies, as | 1616 |
|
defined in section | 1617 |
| (n) A representative of the county's early intervention | 1618 |
| collaborative established pursuant to the federal early | 1619 |
| intervention program operated under the "Education of the | 1620 |
| Handicapped Act Amendments of 1986"; | 1621 |
| (o) A representative of a local nonprofit entity that funds, | 1622 |
| advocates, or provides services to children and families. | 1623 |
| Notwithstanding any other provision of law, the public | 1624 |
| members of a county council are not prohibited from serving on the | 1625 |
| council and making decisions regarding the duties of the council, | 1626 |
| including those involving the funding of joint projects and those | 1627 |
| outlined in the county's service coordination mechanism | 1628 |
| implemented pursuant to division (C) of this section. | 1629 |
| The cabinet council shall establish a state appeals process | 1630 |
| to resolve disputes among the members of a county council | 1631 |
| concerning whether reasonable responsibilities as members are | 1632 |
| being shared. The appeals process may be accessed only by a | 1633 |
| majority vote of the council members who are required to serve on | 1634 |
| the council. Upon appeal, the cabinet council may order that state | 1635 |
| funds for services to children and families be redirected to a | 1636 |
| county's board of county commissioners. | 1637 |
| (2) A county council shall provide for the following: | 1638 |
| (a) Referrals to the cabinet council of those children for | 1639 |
| whom the county council cannot provide adequate services; | 1640 |
| (b) Development and implementation of a process that annually | 1641 |
| evaluates and prioritizes services, fills service gaps where | 1642 |
| possible, and invents new approaches to achieve better results for | 1643 |
| families and children; | 1644 |
| (c) Participation in the development of a countywide, | 1645 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 1646 |
| for infants and toddlers with developmental disabilities or delays | 1647 |
| and their families, as established pursuant to federal grants | 1648 |
| received and administered by the department of health for early | 1649 |
| intervention services under the "Education of the Handicapped Act | 1650 |
| Amendments of 1986"; | 1651 |
| (d) Maintenance of an accountability system to monitor the | 1652 |
| county council's progress in achieving results for families and | 1653 |
| children; | 1654 |
| (e) Establishment of a mechanism to ensure ongoing input from | 1655 |
| a broad representation of families who are receiving services | 1656 |
| within the county system. | 1657 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 1658 |
| section, a county council shall comply with the policies, | 1659 |
| procedures, and activities prescribed by the rules or interagency | 1660 |
| agreements of a state department participating on the cabinet | 1661 |
| council whenever the county council performs a function subject to | 1662 |
| those rules or agreements. | 1663 |
| (b) On application of a county council, the cabinet council | 1664 |
| may grant an exemption from any rules or interagency agreements of | 1665 |
| a state department participating on the council if an exemption is | 1666 |
| necessary for the council to implement an alternative program or | 1667 |
| approach for service delivery to families and children. The | 1668 |
| application shall describe the proposed program or approach and | 1669 |
| specify the rules or interagency agreements from which an | 1670 |
| exemption is necessary. The cabinet council shall approve or | 1671 |
| disapprove the application in accordance with standards and | 1672 |
| procedures it shall adopt. If an application is approved, the | 1673 |
| exemption is effective only while the program or approach is being | 1674 |
| implemented, including a reasonable period during which the | 1675 |
| program or approach is being evaluated for effectiveness. | 1676 |
| (4)(a) Each county council shall designate an administrative | 1677 |
| agent for the council from among the following public entities: | 1678 |
| the board of alcohol, drug addiction, and mental health services, | 1679 |
| including a board of alcohol and drug addiction or a community | 1680 |
| mental health board if the county is served by separate boards; | 1681 |
| the board of county commissioners; any board of health of the | 1682 |
| county's city and general health districts; the county department | 1683 |
| of job and family services; the county agency responsible for the | 1684 |
| administration of children services pursuant to section 5153.15 of | 1685 |
| the Revised Code; the county board of mental retardation and | 1686 |
| developmental disabilities; any of the county's boards of | 1687 |
| education or governing boards of educational service centers; or | 1688 |
| the county's juvenile court. Any of the foregoing public entities, | 1689 |
| other than the board of county commissioners, may decline to serve | 1690 |
| as the council's administrative agent. | 1691 |
| A county council's administrative agent shall serve as the | 1692 |
| council's appointing authority for any employees of the council. | 1693 |
| The council shall file an annual budget with its administrative | 1694 |
| agent, with copies filed with the county auditor and with the | 1695 |
| board of county commissioners, unless the board is serving as the | 1696 |
| council's administrative agent. The council's administrative agent | 1697 |
| shall ensure that all expenditures are handled in accordance with | 1698 |
| policies, procedures, and activities prescribed by state | 1699 |
| departments in rules or interagency agreements that are applicable | 1700 |
| to the council's functions. | 1701 |
| The administrative agent for a county council may do any of | 1702 |
| the following on behalf of the council: | 1703 |
| (i) Enter into agreements or administer contracts with public | 1704 |
| or private entities to fulfill specific council business. Such | 1705 |
| agreements and contracts are exempt from the competitive bidding | 1706 |
| requirements of section 307.86 of the Revised Code if they have | 1707 |
| been approved by the county council and they are for the purchase | 1708 |
| of family and child welfare or child protection services or other | 1709 |
| social or job and family services for families and children. The | 1710 |
| approval of the county council is not required to exempt | 1711 |
| agreements or contracts entered into under section 5139.34, | 1712 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 1713 |
| bidding requirements of section 307.86 of the Revised Code. | 1714 |
| (ii) As determined by the council, provide financial | 1715 |
| stipends, reimbursements, or both, to family representatives for | 1716 |
| expenses related to council activity; | 1717 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 1718 |
| lands, or other property for the purposes for which the council is | 1719 |
| established. The agent shall hold, apply, and dispose of the | 1720 |
| moneys, lands, or other property according to the terms of the | 1721 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 1722 |
| treated in the same manner and are subject to the same terms as | 1723 |
| the gift, grant, devise, or bequest from which it accrues. | 1724 |
| (b)(i) If the county council designates the board of county | 1725 |
| commissioners as its administrative agent, the board may, by | 1726 |
| resolution, delegate any of its powers and duties as | 1727 |
| administrative agent to an executive committee the board | 1728 |
| establishes from the membership of the county council. The board | 1729 |
| shall name to the executive committee at least the individuals | 1730 |
|
described in divisions (B)(1) | 1731 |
| section and may appoint the president of the board or another | 1732 |
| individual as the chair of the executive committee. | 1733 |
| (ii) The executive committee may, with the approval of the | 1734 |
| board, hire an executive director to assist the county council in | 1735 |
| administering its powers and duties. The executive director shall | 1736 |
| serve in the unclassified civil service at the pleasure of the | 1737 |
| executive committee. The executive director may, with the approval | 1738 |
| of the executive committee, hire other employees as necessary to | 1739 |
| properly conduct the county council's business. | 1740 |
| (iii) The board may require the executive committee to submit | 1741 |
| an annual budget to the board for approval and may amend or repeal | 1742 |
| the resolution that delegated to the executive committee its | 1743 |
| authority as the county council's administrative agent. | 1744 |
| (5) Two or more county councils may enter into an agreement | 1745 |
| to administer their county councils jointly by creating a regional | 1746 |
| family and children first council. A regional council possesses | 1747 |
| the same duties and authority possessed by a county council, | 1748 |
| except that the duties and authority apply regionally rather than | 1749 |
| to individual counties. Prior to entering into an agreement to | 1750 |
| create a regional council, the members of each county council to | 1751 |
| be part of the regional council shall meet to determine whether | 1752 |
| all or part of the members of each county council will serve as | 1753 |
| members of the regional council. | 1754 |
| (6) A board of county commissioners may approve a resolution | 1755 |
| by a majority vote of the board's members that requires the county | 1756 |
| council to submit a statement to the board each time the council | 1757 |
| proposes to enter into an agreement, adopt a plan, or make a | 1758 |
| decision, other than a decision pursuant to section 121.38 of the | 1759 |
| Revised Code, that requires the expenditure of funds for two or | 1760 |
| more families. The statement shall describe the proposed | 1761 |
| agreement, plan, or decision. | 1762 |
| Not later than fifteen days after the board receives the | 1763 |
| statement, it shall, by resolution approved by a majority of its | 1764 |
| members, approve or disapprove the agreement, plan, or decision. | 1765 |
| Failure of the board to pass a resolution during that time period | 1766 |
| shall be considered approval of the agreement, plan, or decision. | 1767 |
| An agreement, plan, or decision for which a statement is | 1768 |
| required to be submitted to the board shall be implemented only if | 1769 |
| it is approved by the board. | 1770 |
| (C) Each county shall develop a county service coordination | 1771 |
| mechanism. The mechanism shall be developed and approved with the | 1772 |
| participation of the county entities representing child welfare; | 1773 |
| mental retardation and developmental disabilities; alcohol, drug | 1774 |
| addiction, and mental health services; health; juvenile judges; | 1775 |
| education; the county family and children first council; and the | 1776 |
| county early intervention collaborative established pursuant to | 1777 |
| the federal early intervention program operated under the | 1778 |
| "Education of the Handicapped Act Amendments of 1986." The county | 1779 |
| shall establish an implementation schedule for the mechanism. The | 1780 |
| cabinet council may monitor the implementation and administration | 1781 |
| of each county's service coordination mechanism. | 1782 |
| Each mechanism shall include all of the following: | 1783 |
| (1) A procedure for | 1784 |
| 1785 | |
| 1786 | |
| 1787 | |
| 1788 | |
| child to refer itself to the county council for coordination in | 1789 |
| accordance with the county service coordination mechanism; | 1790 |
| (2) A procedure for an agency, including a juvenile court, to | 1791 |
| refer a child and family to the county council for coordination in | 1792 |
| accordance with the county service coordination mechanism; | 1793 |
| (3) A procedure that does one of the following: | 1794 |
| (a) Permits a family to be involved in the service | 1795 |
| coordination mechanism by being notified of and invited to all | 1796 |
| meetings involved in the mechanism; | 1797 |
| (b) Permits a family to initiate a meeting to develop or | 1798 |
| review the family's service coordination plan and allows the | 1799 |
| family to invite a family advocate, mentor, or support person of | 1800 |
| the family's choice to any such meeting. | 1801 |
| (4) A procedure for notifying and inviting to all meetings | 1802 |
| appropriate staff from involved agencies, including a | 1803 |
| representative from the appropriate school district; | 1804 |
| (5) A procedure for ensuring that a service coordination | 1805 |
| meeting is conducted before a non-emergency out-of-home placement | 1806 |
| or long-term placement is made and that, in situations involving | 1807 |
| an emergency out-of-home placement, a service coordination meeting | 1808 |
| is conducted within ten days of the placement. | 1809 |
| (6) A procedure for monitoring the progress and tracking the | 1810 |
| outcomes of each service coordination plan requested in the county | 1811 |
| including monitoring and tracking children in out-of-home | 1812 |
| placements to assure continued progress, appropriateness of | 1813 |
| placement, and continuity of care after discharge from placement | 1814 |
| with appropriate arrangements for housing, treatment, and | 1815 |
| education. | 1816 |
| (7) A procedure for protecting the confidentiality of all | 1817 |
| personal family information disclosed during service coordination | 1818 |
| meetings or contained in the comprehensive family service | 1819 |
| coordination plan. | 1820 |
|
(8) A procedure for assessing the | 1821 |
| of | 1822 |
| council for service coordination, including a child | 1823 |
| 1824 | |
| 1825 | |
| parent or custodian is voluntarily seeking services, and for | 1826 |
| ensuring that parents and custodians are afforded the opportunity | 1827 |
| to participate; | 1828 |
| | 1829 |
| family service coordination plan described in division (D) of this | 1830 |
| section; | 1831 |
| | 1832 |
| process that must be used first to resolve disputes among the | 1833 |
| agencies represented on the county council concerning the | 1834 |
| provision of services to children, including children who are | 1835 |
| abused, neglected, dependent, unruly, alleged unruly, or | 1836 |
| delinquent children and under the jurisdiction of the juvenile | 1837 |
| court and children whose parents or custodians are voluntarily | 1838 |
| seeking services. The local dispute resolution process shall | 1839 |
| comply with section 121.38 of the Revised Code. The local dispute | 1840 |
| resolution process may also be used for disputes between an agency | 1841 |
| and a child's parents or custodian. In that case it shall comply | 1842 |
| with sections 121.381 and 121.382 of the Revised Code, as well as | 1843 |
| section 121.38 of the Revised Code. | 1844 |
| The cabinet council shall adopt rules in accordance with | 1845 |
| Chapter 119. of the Revised Code establishing an administrative | 1846 |
| review process to address problems that arise concerning the | 1847 |
| operation of a local dispute resolution process. | 1848 |
| Nothing in division (C)(5) of this section shall be | 1849 |
| interpreted as overriding or affecting decisions of a juvenile | 1850 |
| court regarding an out-of-home placement, long-term placement, or | 1851 |
| emergency out-of-home placement. | 1852 |
| (D)
Each county shall develop a comprehensive | 1853 |
| service coordination
plan
that does | 1854 |
| (1) Designates service responsibilities among the various | 1855 |
| state and local agencies that provide services to children and | 1856 |
| their families, including children who are abused, neglected, | 1857 |
| dependent, unruly, or delinquent children and under the | 1858 |
| jurisdiction of the juvenile court and children whose parents or | 1859 |
| custodians are voluntarily seeking services; | 1860 |
| (2) Designates the lead family plan coordinator, approved by | 1861 |
| the family, to ensure the coordination of and fidelity to the | 1862 |
| plan; | 1863 |
| (3) Ensures that assistance and services to be provided are | 1864 |
| responsive to the strengths and needs of the family, as well as | 1865 |
| the family's culture, race, and ethnic group, by allowing the | 1866 |
| family to offer information and suggestions and participate in | 1867 |
| decisions; | 1868 |
| (4) Ensures that assistance and services provided meet the | 1869 |
| needs of the child and family in the least restrictive | 1870 |
| environment; | 1871 |
| (5) Includes a service coordination process for dealing with | 1872 |
| a child who is alleged to be an unruly child. The service | 1873 |
| coordination process shall include methods to divert the child | 1874 |
| from the juvenile court system; | 1875 |
| (6) Includes timelines for completion of goals specified in | 1876 |
| the plan with regular reviews scheduled to monitor progress toward | 1877 |
| those goals; | 1878 |
| (7) Includes a plan for dealing with short-term crisis | 1879 |
| situations and safety concerns. | 1880 |
| (E)(1) The service coordination process provided for under | 1881 |
|
division
(D) | 1882 |
| to, the following: | 1883 |
| (a) | 1884 |
| 1885 | |
| 1886 |
| | 1887 |
| assessment of the child and the child's family as described in | 1888 |
|
division
| 1889 |
| instrument or instruments to be used to conduct the assessment; | 1890 |
| | 1891 |
| 1892 |
| | 1893 |
| child and the parental responsibilities of the parents, guardian, | 1894 |
| or custodian of the child; | 1895 |
| | 1896 |
| officials. | 1897 |
| (2) The method to divert a child from the juvenile court | 1898 |
| system that must be included in the service coordination process | 1899 |
| may include, but is not limited to, the following: | 1900 |
| (a) The preparation of a complaint under section 2151.27 of | 1901 |
| the Revised Code alleging that the child is an unruly child and | 1902 |
| notifying the child and the parents, guardian, or custodian that | 1903 |
| the complaint has been prepared to encourage the child and the | 1904 |
| parents, guardian, or custodian to comply with other methods to | 1905 |
| divert the child from the juvenile court system; | 1906 |
| (b) Conducting a meeting with the child, the parents, | 1907 |
| guardian, or custodian, and other interested parties to determine | 1908 |
| the appropriate methods to divert the child from the juvenile | 1909 |
| court system; | 1910 |
| (c) | 1911 |
| 1912 | |
| 1913 |
| | 1914 |
| short-term respite from a short-term crisis situation involving a | 1915 |
| confrontation between the child and the parents, guardian, or | 1916 |
| custodian; | 1917 |
| | 1918 |
| parents, guardian, or custodian; | 1919 |
| | 1920 |
| parents, guardian, or custodian; | 1921 |
| | 1922 |
| truant from school, repeatedly disruptive in school, or suspended | 1923 |
| or expelled from school; | 1924 |
| | 1925 |
| to, any alternative methods to divert a child from the juvenile | 1926 |
| court system that are identified by the Ohio family and children | 1927 |
| first cabinet council. | 1928 |
| (F) Each county may review and revise the service | 1929 |
|
coordination process described in division (D) | 1930 |
| based on the availability of funds under Title IV-A of the "Social | 1931 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 1932 |
| or to the extent resources are available from any other federal, | 1933 |
| state, or local funds. | 1934 |
| Sec. 121.38. (A) An agency represented on a county family | 1935 |
| and children first council that disagrees with the council's | 1936 |
| decision concerning the services or funding for services a child | 1937 |
| is to receive from agencies represented on the council may | 1938 |
| initiate the local dispute resolution process established in the | 1939 |
| county service coordination mechanism applicable to the council. | 1940 |
| On completion of the process, the decision maker designated in the | 1941 |
| mechanism shall issue a written determination that directs one or | 1942 |
| more agencies represented on the council to provide services or | 1943 |
| funding for services to the child. The determination shall include | 1944 |
| a plan of care governing the manner in which the services or | 1945 |
| funding are to be provided. The decision maker shall base the plan | 1946 |
| of care on
the comprehensive | 1947 |
| plan developed as part of the county's service coordination | 1948 |
| mechanism and on evidence presented during the local dispute | 1949 |
| resolution process. The decision maker may require an agency to | 1950 |
| provide services or funding only if the child's condition or needs | 1951 |
| qualify the child for services under the laws governing the | 1952 |
| agency. | 1953 |
| (B) An agency subject to a determination issued pursuant to a | 1954 |
| local dispute resolution process shall immediately comply with the | 1955 |
| determination, unless the agency objects to the determination by | 1956 |
| doing one of the following not later than seven days after the | 1957 |
| date the written determination is issued: | 1958 |
| (1) If the child has been alleged or adjudicated to be an | 1959 |
| abused, neglected, dependent, unruly, or delinquent child or a | 1960 |
| juvenile traffic offender, filing in the juvenile court of the | 1961 |
| county having jurisdiction over the child's case a motion | 1962 |
| requesting that the court hold a hearing to determine which | 1963 |
| agencies are to provide services or funding for services to the | 1964 |
| child. | 1965 |
| (2) If the child is not a child described in division (B)(1) | 1966 |
| of this section, filing in the juvenile court of the county served | 1967 |
| by the county council a complaint objecting to the determination. | 1968 |
| The court shall hold a hearing as soon as possible, but not | 1969 |
| later than ninety days after the motion or complaint is filed. At | 1970 |
| least five days before the date on which the court hearing is to | 1971 |
| be held, the court shall send each agency subject to the | 1972 |
| determination written notice by first class mail of the date, | 1973 |
| time, place, and purpose of the court hearing. In the case of a | 1974 |
| motion filed under division (B)(1) of this section, the court may | 1975 |
| conduct the hearing as part of the adjudicatory or dispositional | 1976 |
| hearing concerning the child, if appropriate, and shall provide | 1977 |
| notice as required for those hearings. | 1978 |
| Except in cases in which the hearing is conducted as part of | 1979 |
| the adjudicatory or dispositional hearing, a hearing held pursuant | 1980 |
| to this division shall be limited to a determination of which | 1981 |
| agencies are to provide services or funding for services to the | 1982 |
| child. At the conclusion of the hearing, the court shall issue an | 1983 |
| order directing one or more agencies represented on the county | 1984 |
| council to provide services or funding for services to the child. | 1985 |
| The order shall include a plan of care governing the manner in | 1986 |
| which the services or funding are to be provided. The court shall | 1987 |
|
base the plan of care on the comprehensive | 1988 |
| coordination plan developed as part of the county's service | 1989 |
| coordination plan and on evidence presented during the hearing. An | 1990 |
| agency required by the order to provide services or funding shall | 1991 |
| be a party to any juvenile court proceeding concerning the child. | 1992 |
| The court may require an agency to provide services or funding for | 1993 |
| a child only if the child's condition or needs qualify the child | 1994 |
| for services under the laws governing the agency. | 1995 |
| (C) While the local dispute resolution process or court | 1996 |
| proceedings pursuant to this section are pending, each agency | 1997 |
| shall provide services and funding as required by the decision | 1998 |
| made by the county council before dispute resolution was | 1999 |
| initiated. If an agency that provides services or funds during the | 2000 |
| local dispute resolution process or court proceedings is | 2001 |
| determined through the process or proceedings not to be | 2002 |
| responsible for providing them, it shall be reimbursed for the | 2003 |
| costs of providing the services or funding by the agencies | 2004 |
| determined to be responsible for providing them. | 2005 |
| Sec. 121.381. A parent or custodian who disagrees with a | 2006 |
| decision rendered by a county family and children first council | 2007 |
| regarding services for a child may initiate the dispute resolution | 2008 |
| process established in the county service coordination mechanism | 2009 |
| pursuant to division (C)(10) of section 121.37 of the Revised | 2010 |
| Code. | 2011 |
| Not later than sixty days after the parent or custodian | 2012 |
| initiates the dispute resolution process, the council shall make | 2013 |
| findings regarding the dispute and issue a written determination | 2014 |
| of its findings. | 2015 |
| Sec. 121.382. Each agency represented on a county family and | 2016 |
| children first council that is providing services or funding for | 2017 |
| services that are the subject of the dispute resolution process | 2018 |
| initiated by a parent or custodian under section 121.381 of the | 2019 |
| Revised Code shall continue to provide those services and the | 2020 |
| funding for those services during the dispute resolution process. | 2021 |
| Sec. 121.403. (A) The Ohio community service council may do | 2022 |
| any of the following: | 2023 |
| (1) Accept monetary gifts or donations; | 2024 |
| (2) Sponsor conferences, meetings, or events in furtherance | 2025 |
| of the council's purpose described in section 121.40 of the | 2026 |
| Revised Code and charge fees for participation or involvement in | 2027 |
| the conferences, meetings, or events; | 2028 |
| (3) Sell promotional items in furtherance of the council's | 2029 |
| purpose described in section 121.40 of the Revised Code. | 2030 |
| (B) All monetary gifts and donations, funds from the sale of | 2031 |
| promotional items, and any fees paid to the council for | 2032 |
| conferences, meetings, or events sponsored by the council shall be | 2033 |
| deposited into the Ohio community service council gifts and | 2034 |
| donations fund, which is hereby created in the state treasury. | 2035 |
| Moneys in the fund may be used only as follows: | 2036 |
| (1) To pay operating expenses of the council, including | 2037 |
| payroll, personal services, maintenance, equipment, and subsidy | 2038 |
| payments; | 2039 |
| (2) To support council programs promoting volunteerism and | 2040 |
| community service in the state; | 2041 |
| (3) As matching funds for federal grants. | 2042 |
| Sec. 122.011. (A) The department of development shall | 2043 |
| develop and promote plans and programs designed to assure that | 2044 |
| state resources are efficiently used, economic growth is properly | 2045 |
| balanced, community growth is developed in an orderly manner, and | 2046 |
| local governments are coordinated with each other and the state, | 2047 |
| and for such purposes may do all of the following: | 2048 |
| (1) Serve as a clearinghouse for information, data, and other | 2049 |
| materials that may be helpful or necessary to persons or local | 2050 |
| governments, as provided in section 122.07 of the Revised Code; | 2051 |
| (2) Prepare and activate plans for the retention, | 2052 |
| development, expansion, and use of the resources and commerce of | 2053 |
| the state, as provided in section 122.04 of the Revised Code; | 2054 |
| (3) Assist and cooperate with federal, state, and local | 2055 |
| governments and agencies of federal, state, and local governments | 2056 |
| in the coordination of programs to carry out the functions and | 2057 |
| duties of the department; | 2058 |
| (4) Encourage and foster research and development activities, | 2059 |
| conduct studies related to the solution of community problems, and | 2060 |
| develop recommendations for administrative or legislative actions, | 2061 |
| as provided in section 122.03 of the Revised Code; | 2062 |
| (5) Serve as the economic and community development planning | 2063 |
| agency, which shall prepare and recommend plans and programs for | 2064 |
| the orderly growth and development of this state and which shall | 2065 |
| provide planning assistance, as provided in section 122.06 of the | 2066 |
| Revised Code; | 2067 |
| (6) Cooperate with and provide technical assistance to state | 2068 |
| departments, political subdivisions, regional and local planning | 2069 |
| commissions, tourist associations, councils of government, | 2070 |
| community development groups, community action agencies, and other | 2071 |
| appropriate organizations for carrying out the functions and | 2072 |
| duties of the department or for the solution of community | 2073 |
| problems; | 2074 |
| (7) Coordinate the activities of state agencies that have an | 2075 |
| impact on carrying out the functions and duties of the department; | 2076 |
| (8) Encourage and assist the efforts of and cooperate with | 2077 |
| local governments to develop mutual and cooperative solutions to | 2078 |
| their common problems that relate to carrying out the purposes of | 2079 |
| this section; | 2080 |
| (9) Study existing structure, operations, and financing of | 2081 |
| regional or local government and those state activities that | 2082 |
| involve significant relations with regional or local governmental | 2083 |
| units, recommend to the governor and to the general assembly such | 2084 |
| changes in these provisions and activities as will improve the | 2085 |
| operations of regional or local government, and conduct other | 2086 |
| studies of legal provisions that affect problems related to | 2087 |
| carrying out the purposes of this section; | 2088 |
| (10) Create and operate a division of community development | 2089 |
| to develop and administer programs and activities that are | 2090 |
| authorized by federal statute or the Revised Code; | 2091 |
| (11) Until October 15, | 2092 |
| in consultation with the director of agriculture, for purchasing | 2093 |
| loans from financial institutions and providing loan guarantees | 2094 |
| under the family farm loan program created under sections 901.80 | 2095 |
| to 901.83 of the Revised Code; | 2096 |
| (12) Provide loan servicing for the loans purchased and loan | 2097 |
| guarantees provided under section 901.80 of the Revised Code as | 2098 |
|
that section
existed prior to October 15, | 2099 |
| (13) Until October 15, | 2100 |
| controlling board under division (A)(3) of section 901.82 of the | 2101 |
| Revised Code of the release of money to be used for purchasing a | 2102 |
| loan or providing a loan guarantee, request the release of that | 2103 |
| money in accordance with division (B) of section 166.03 of the | 2104 |
| Revised Code for use for the purposes of the fund created by | 2105 |
| section 166.031 of the Revised Code. | 2106 |
| (B) The director of development may request the attorney | 2107 |
| general to, and the attorney general, in accordance with section | 2108 |
| 109.02 of the Revised Code, shall bring a civil action in any | 2109 |
| court of competent jurisdiction. The director may be sued in the | 2110 |
| director's official capacity, in connection with this chapter, in | 2111 |
| accordance with Chapter 2743. of the Revised Code. | 2112 |
| Sec. 122.17. (A) As used in this section: | 2113 |
| (1) "Full-time employee" means an individual who is employed | 2114 |
| for consideration for at least thirty-five hours a week, or who | 2115 |
| renders any other standard of service generally accepted by custom | 2116 |
| or specified by contract as full-time employment. | 2117 |
| (2) "New employee" means one of the following: | 2118 |
| (a) A full-time employee first employed by a taxpayer in the | 2119 |
| project that is the subject of the agreement after the taxpayer | 2120 |
| enters into a tax credit agreement with the tax credit authority | 2121 |
| under this section; | 2122 |
| (b) A full-time employee first employed by a taxpayer in the | 2123 |
| project that is the subject of the tax credit after the tax credit | 2124 |
| authority approves a project for a tax credit under this section | 2125 |
| in a public meeting, as long as the taxpayer enters into the tax | 2126 |
| credit agreement prepared by the department of development after | 2127 |
| such meeting within sixty days after receiving the agreement from | 2128 |
| the department. If the taxpayer fails to enter into the agreement | 2129 |
| within sixty days, "new employee" has the same meaning as under | 2130 |
| division (A)(2)(a) of this section. | 2131 |
| Under division (A)(2)(a) or (b) of this section, if the tax | 2132 |
| credit authority determines it appropriate, "new employee" also | 2133 |
| may include an employee re-hired or called back from lay-off to | 2134 |
| work in a new facility or on a new product or service established | 2135 |
| or produced by the taxpayer after entering into the agreement | 2136 |
| under this section or after the tax credit authority approves the | 2137 |
| tax credit in a public meeting. Except as otherwise provided in | 2138 |
| this paragraph, "new employee" does not include any employee of | 2139 |
| the taxpayer who was previously employed in this state by a | 2140 |
| related member of the taxpayer and whose employment was shifted to | 2141 |
| the taxpayer after the taxpayer entered into the tax credit | 2142 |
| agreement or after the tax credit authority approved the credit in | 2143 |
| a public meeting, or any employee of the taxpayer for which the | 2144 |
| taxpayer has been granted a certificate under division (B) of | 2145 |
| section 5709.66 of the Revised Code. However, if the taxpayer is | 2146 |
| engaged in the enrichment and commercialization of uranium or | 2147 |
| uranium products or is engaged in research and development | 2148 |
| activities related thereto and if the tax credit authority | 2149 |
| determines it appropriate, "new employee" may include an employee | 2150 |
| of the taxpayer who was previously employed in this state by a | 2151 |
| related member of the taxpayer and whose employment was shifted to | 2152 |
| the taxpayer after the taxpayer entered into the tax credit | 2153 |
| agreement or after the tax credit authority approved the credit in | 2154 |
| a public meeting. "New employee" does not include an employee of | 2155 |
| the taxpayer who is employed in an employment position that was | 2156 |
| relocated to a project from other operations of the taxpayer in | 2157 |
| this state or from operations of a related member of the taxpayer | 2158 |
| in this state. In addition, "new employee" does not include a | 2159 |
| child, grandchild, parent, or spouse, other than a spouse who is | 2160 |
| legally separated from the individual, of any individual who is an | 2161 |
| employee of the taxpayer and who has a direct or indirect | 2162 |
| ownership interest of at least five per cent in the profits, | 2163 |
| capital, or value of the taxpayer. Such ownership interest shall | 2164 |
| be determined in accordance with section 1563 of the Internal | 2165 |
| Revenue Code and regulations prescribed thereunder. | 2166 |
| (3) "New income tax revenue" means the total amount withheld | 2167 |
| under section 5747.06 of the Revised Code by the taxpayer during | 2168 |
| the taxable year, or during the calendar year that includes the | 2169 |
| tax period, from the compensation of new employees for the tax | 2170 |
| levied under Chapter 5747. of the Revised Code. | 2171 |
| (4) "Related member" has the same meaning as under division | 2172 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 2173 |
| division (B) of that section. | 2174 |
| (B) The tax credit authority may make grants under this | 2175 |
| section to foster job creation in this state. Such a grant shall | 2176 |
| take the form of a refundable credit allowed against the tax | 2177 |
| imposed by section 5733.06 or 5747.02 of the Revised Code for | 2178 |
| taxable years ending prior to 2008 and against the tax levied by | 2179 |
| Chapter 5751. of the Revised Code for tax periods beginning in | 2180 |
| 2008 and thereafter. The credit shall be claimed for the taxable | 2181 |
| years or tax periods specified in the taxpayer's agreement with | 2182 |
| the tax credit authority under division (D) of this section. The | 2183 |
| credit shall be claimed | 2184 |
| 2185 | |
| section 5733.98, 5747.98, or 5751.98 of the Revised Code. The | 2186 |
| amount of the credit available for a taxable year or for a | 2187 |
| calendar year that includes a tax period equals the new income tax | 2188 |
| revenue for | 2189 |
| specified in the agreement with the tax credit authority. | 2190 |
| (C) A taxpayer or potential taxpayer who proposes a project | 2191 |
| to create new jobs in this state may apply to the tax credit | 2192 |
| authority to enter into an agreement for a tax credit under this | 2193 |
| section. The director of development shall prescribe the form of | 2194 |
| the application. After receipt of an application, the authority | 2195 |
| may enter into an agreement with the taxpayer for a credit under | 2196 |
| this section if it determines all of the following: | 2197 |
| (1) The taxpayer's project will create new jobs in this | 2198 |
| state; | 2199 |
| (2) The taxpayer's project is economically sound and will | 2200 |
| benefit the people of this state by increasing opportunities for | 2201 |
| employment and strengthening the economy of this state; | 2202 |
| (3) Receiving the tax credit is a major factor in the | 2203 |
| taxpayer's decision to go forward with the project. | 2204 |
| (D) An agreement under this section shall include all of the | 2205 |
| following: | 2206 |
| (1) A detailed description of the project that is the subject | 2207 |
| of the agreement; | 2208 |
| (2) The term of the tax credit, which shall not exceed | 2209 |
| fifteen years, and the first taxable year, or first calendar year | 2210 |
| that includes a tax period, for which the credit may be claimed; | 2211 |
| (3) A requirement that the taxpayer shall maintain operations | 2212 |
| at the project location for at least twice the number of years as | 2213 |
| the term of the tax credit; | 2214 |
| (4) The percentage, as determined by the tax credit | 2215 |
| authority, of new income tax revenue that will be allowed as the | 2216 |
| amount of the credit for each taxable year or for each calendar | 2217 |
| year that includes a tax period; | 2218 |
| (5) A specific method for determining how many new employees | 2219 |
| are employed during a taxable year or during a calendar year that | 2220 |
| includes a tax period; | 2221 |
| (6) A requirement that the taxpayer annually shall report to | 2222 |
| the director of development the number of new employees, the new | 2223 |
| income tax revenue withheld in connection with the new employees, | 2224 |
| and any other information the director needs to perform the | 2225 |
| director's duties under this section; | 2226 |
| (7) A requirement that the director of development annually | 2227 |
| shall verify the amounts reported under division (D)(6) of this | 2228 |
| section, and after doing so shall issue a certificate to the | 2229 |
| taxpayer stating that the amounts have been verified; | 2230 |
| (8)(a) A provision requiring that the taxpayer, except as | 2231 |
| otherwise provided in division (D)(8)(b) of this section, shall | 2232 |
| not relocate employment positions from elsewhere in this state to | 2233 |
| the project site that is the subject of the agreement for the | 2234 |
| lesser of five years from the date the agreement is entered into | 2235 |
| or the number of years the taxpayer is entitled to claim the tax | 2236 |
| credit. | 2237 |
| (b) The taxpayer may relocate employment positions from | 2238 |
| elsewhere in this state to the project site that is the subject of | 2239 |
| the agreement if the director of development determines both of | 2240 |
| the following: | 2241 |
| (i) That the site from which the employment positions would | 2242 |
| be relocated is inadequate to meet market and industry conditions, | 2243 |
| expansion plans, consolidation plans, or other business | 2244 |
| considerations affecting the taxpayer; | 2245 |
| (ii) That the legislative authority of the county, township, | 2246 |
| or municipal corporation from which the employment positions would | 2247 |
| be relocated has been notified of the relocation. | 2248 |
| For purposes of this section, the movement of an employment | 2249 |
| position from one political subdivision to another political | 2250 |
| subdivision shall be considered a relocation of an employment | 2251 |
| position, but the transfer of an individual employee from one | 2252 |
| political subdivision to another political subdivision shall not | 2253 |
| be considered a relocation of an employment position as long as | 2254 |
| the individual's employment position in the first political | 2255 |
| subdivision is refilled. | 2256 |
| (E) If a taxpayer fails to meet or comply with any condition | 2257 |
| or requirement set forth in a tax credit agreement, the tax credit | 2258 |
| authority may amend the agreement to reduce the percentage or term | 2259 |
| of the tax credit. The reduction of the percentage or term shall | 2260 |
| take effect in the taxable year immediately following the taxable | 2261 |
| year in which the authority amends the agreement or in the first | 2262 |
| tax period beginning in the calendar year immediately following | 2263 |
| the calendar year in which the authority amends the agreement. If | 2264 |
| the taxpayer relocates employment positions in violation of the | 2265 |
| provision required under division (D)(8)(a) of this section, the | 2266 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 2267 |
| the Revised Code for any tax years following the calendar year in | 2268 |
| which the relocation occurs, or shall not claim the tax credit | 2269 |
| under section 5747.058 of the Revised Code for the taxable year in | 2270 |
| which the relocation occurs and any subsequent taxable years, and | 2271 |
| shall not claim the tax credit under division (A) of section | 2272 |
| 5751.50 of the Revised Code for any tax period in the calendar | 2273 |
| year in which the relocation occurs and any subsequent tax | 2274 |
| periods. | 2275 |
| (F) Projects that consist solely of point-of-final-purchase | 2276 |
| retail facilities are not eligible for a tax credit under this | 2277 |
| section. If a project consists of both point-of-final-purchase | 2278 |
| retail facilities and nonretail facilities, only the portion of | 2279 |
| the project consisting of the nonretail facilities is eligible for | 2280 |
| a tax credit and only the new income tax revenue from new | 2281 |
| employees of the nonretail facilities shall be considered when | 2282 |
| computing the amount of the tax credit. If a warehouse facility is | 2283 |
| part of a point-of-final-purchase retail facility and supplies | 2284 |
| only that facility, the warehouse facility is not eligible for a | 2285 |
| tax credit. Catalog distribution centers are not considered | 2286 |
| point-of-final-purchase retail facilities for the purposes of this | 2287 |
| division, and are eligible for tax credits under this section. | 2288 |
| (G) Financial statements and other information submitted to | 2289 |
| the department of development or the tax credit authority by an | 2290 |
| applicant or recipient of a tax credit under this section, and any | 2291 |
| information taken for any purpose from such statements or | 2292 |
| information, are not public records subject to section 149.43 of | 2293 |
| the Revised Code. However, the chairperson of the authority may | 2294 |
| make use of the statements and other information for purposes of | 2295 |
| issuing public reports or in connection with court proceedings | 2296 |
| concerning tax credit agreements under this section. Upon the | 2297 |
| request of the tax commissioner, the chairperson of the authority | 2298 |
| shall provide to the commissioner any statement or information | 2299 |
| submitted by an applicant or recipient of a tax credit in | 2300 |
| connection with the credit. The commissioner shall preserve the | 2301 |
| confidentiality of the statement or information. | 2302 |
| (H) A taxpayer claiming a credit under this section shall | 2303 |
| submit to the tax commissioner a copy of the director of | 2304 |
| development's certificate of verification under division (D)(7) of | 2305 |
| this section for the taxable year or for the calendar year that | 2306 |
| includes the tax period. However, failure to submit a copy of the | 2307 |
| certificate does not invalidate a claim for a credit. | 2308 |
| (I) The director of development, after consultation with the | 2309 |
| tax commissioner and in accordance with Chapter 119. of the | 2310 |
| Revised Code, shall adopt rules necessary to implement this | 2311 |
| section. The rules may provide for recipients of tax credits under | 2312 |
| this section to be charged fees to cover administrative costs of | 2313 |
| the tax credit program. At the time the director gives public | 2314 |
| notice under division (A) of section 119.03 of the Revised Code of | 2315 |
| the adoption of the rules, the director shall submit copies of the | 2316 |
| proposed rules to the chairpersons of the standing committees on | 2317 |
| economic development in the senate and the house of | 2318 |
| representatives. | 2319 |
| (J) For the purposes of this section, a taxpayer may include | 2320 |
| a partnership, a corporation that has made an election under | 2321 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 2322 |
| Code, or any other business entity through which income flows as a | 2323 |
| distributive share to its owners. A credit received under this | 2324 |
| section by a partnership, S-corporation, or other such business | 2325 |
| entity shall be apportioned among the persons to whom the income | 2326 |
| or profit of the partnership, S-corporation, or other entity is | 2327 |
| distributed, in the same proportions as those in which the income | 2328 |
| or profit is distributed. | 2329 |
| (K) If the director of development determines that a taxpayer | 2330 |
| who has received a credit under this section is not complying with | 2331 |
| the requirement under division (D)(3) of this section, the | 2332 |
| director shall notify the tax credit authority of the | 2333 |
| noncompliance. After receiving such a notice, and after giving the | 2334 |
| taxpayer an opportunity to explain the noncompliance, the tax | 2335 |
| credit authority may require the taxpayer to refund to this state | 2336 |
| a portion of the credit in accordance with the following: | 2337 |
| (1) If the taxpayer maintained operations at the project | 2338 |
| location for at least one and one-half times the number of years | 2339 |
| of the term of the tax credit, an amount not exceeding twenty-five | 2340 |
| per cent of the sum of any previously allowed credits under this | 2341 |
| section; | 2342 |
| (2) If the taxpayer maintained operations at the project | 2343 |
| location for at least the number of years of the term of the tax | 2344 |
| credit, an amount not exceeding fifty per cent of the sum of any | 2345 |
| previously allowed credits under this section; | 2346 |
| (3) If the taxpayer maintained operations at the project | 2347 |
| location for less than the number of years of the term of the tax | 2348 |
| credit, an amount not exceeding one hundred per cent of the sum of | 2349 |
| any previously allowed credits under this section. | 2350 |
| In determining the portion of the tax credit to be refunded | 2351 |
| to this state, the tax credit authority shall consider the effect | 2352 |
| of market conditions on the taxpayer's project and whether the | 2353 |
| taxpayer continues to maintain other operations in this state. | 2354 |
| After making the determination, the authority shall certify the | 2355 |
| amount to be refunded to the tax commissioner. The commissioner | 2356 |
| shall make an assessment for that amount against the taxpayer | 2357 |
|
under Chapter 5733. | 2358 |
| time
limitations on assessments under | 2359 |
| 2360 | |
| under this division, but the commissioner shall make the | 2361 |
| assessment within one year after the date the authority certifies | 2362 |
| to the commissioner the amount to be refunded. | 2363 |
| (L) On or before the thirty-first day of March each year, the | 2364 |
| director of development shall submit a report to the governor, the | 2365 |
| president of the senate, and the speaker of the house of | 2366 |
| representatives on the tax credit program under this section. The | 2367 |
| report shall include information on the number of agreements that | 2368 |
| were entered into under this section during the preceding calendar | 2369 |
| year, a description of the project that is the subject of each | 2370 |
| such agreement, and an update on the status of projects under | 2371 |
| agreements entered into before the preceding calendar year. | 2372 |
| | 2373 |
| 2374 | |
| 2375 | |
| 2376 | |
| 2377 | |
| 2378 | |
| 2379 | |
| 2380 | |
| 2381 | |
| 2382 |
| (M) There is hereby created the tax credit authority, which | 2383 |
| consists of the director of development and four other members | 2384 |
| appointed as follows: the governor, the president of the senate, | 2385 |
| and the speaker of the house of representatives each shall appoint | 2386 |
| one member who shall be a specialist in economic development; the | 2387 |
| governor also shall appoint a member who is a specialist in | 2388 |
| taxation. Of the initial appointees, the members appointed by the | 2389 |
| governor shall serve a term of two years; the members appointed by | 2390 |
| the president of the senate and the speaker of the house of | 2391 |
| representatives shall serve a term of four years. Thereafter, | 2392 |
| terms of office shall be for four years. Initial appointments to | 2393 |
| the authority shall be made within thirty days after January 13, | 2394 |
| 1993. Each member shall serve on the authority until the end of | 2395 |
| the term for which the member was appointed. Vacancies shall be | 2396 |
| filled in the same manner provided for original appointments. Any | 2397 |
| member appointed to fill a vacancy occurring prior to the | 2398 |
| expiration of the term for which the member's predecessor was | 2399 |
| appointed shall hold office for the remainder of that term. | 2400 |
| Members may be reappointed to the authority. Members of the | 2401 |
| authority shall receive their necessary and actual expenses while | 2402 |
| engaged in the business of the authority. The director of | 2403 |
| development shall serve as chairperson of the authority, and the | 2404 |
| members annually shall elect a vice-chairperson from among | 2405 |
| themselves. Three members of the authority constitute a quorum to | 2406 |
| transact and vote on the business of the authority. The majority | 2407 |
| vote of the membership of the authority is necessary to approve | 2408 |
| any such business, including the election of the vice-chairperson. | 2409 |
| The director of development may appoint a professional | 2410 |
| employee of the department of development to serve as the | 2411 |
| director's substitute at a meeting of the authority. The director | 2412 |
| shall make the appointment in writing. In the absence of the | 2413 |
| director from a meeting of the authority, the appointed substitute | 2414 |
| shall serve as chairperson. In the absence of both the director | 2415 |
| and the director's substitute from a meeting, the vice-chairperson | 2416 |
| shall serve as chairperson. | 2417 |
| Sec. 122.171. (A) As used in this section: | 2418 |
| (1) "Capital investment project" means a plan of investment | 2419 |
| at a project site for the acquisition, construction, renovation, | 2420 |
| or repair of buildings, machinery, or equipment, or for | 2421 |
| capitalized costs of basic research and new product development | 2422 |
| determined in accordance with generally accepted accounting | 2423 |
| principles, but does not include any of the following: | 2424 |
| (a) Payments made for the acquisition of personal property | 2425 |
| through operating leases; | 2426 |
| (b) Project costs paid before January 1, 2002, or after | 2427 |
| December 31, 2006; | 2428 |
| (c) Payments made to a related member as defined in section | 2429 |
| 5733.042 of the Revised Code or to an elected consolidated | 2430 |
| taxpayer or a combined taxpayer as defined in section 5751.01 of | 2431 |
| the Revised Code. | 2432 |
| (2) "Eligible business" means a business with Ohio operations | 2433 |
| satisfying all of the following: | 2434 |
| (a) Employed an average of at least one thousand employees in | 2435 |
| full-time employment positions at a project site during each of | 2436 |
| the twelve months preceding the application for a tax credit under | 2437 |
| this section; and | 2438 |
| (b) On or after January 1, 2002, has made payments for the | 2439 |
| capital investment project of either of the following: | 2440 |
| (i) At least two hundred million dollars in the aggregate at | 2441 |
| the project site during a period of three consecutive calendar | 2442 |
| years including the calendar year that includes a day of the | 2443 |
| taxpayer's taxable year or tax period with respect to which the | 2444 |
| credit is granted; | 2445 |
| (ii) If the average wage of all full-time employment | 2446 |
| positions at the project site is greater than four hundred per | 2447 |
| cent of the federal minimum wage, at least one hundred million | 2448 |
| dollars in the aggregate at the project site during a period of | 2449 |
| three consecutive calendar years including the calendar year that | 2450 |
| includes a day of the taxpayer's taxable year or tax period with | 2451 |
| respect to which the credit is granted. | 2452 |
| (c) Is engaged at the project site primarily as a | 2453 |
| manufacturer or is providing significant corporate administrative | 2454 |
| functions; | 2455 |
| (d) Has had a capital investment project reviewed and | 2456 |
| approved by the tax credit authority as provided in divisions (C), | 2457 |
| (D), and (E) of this section. | 2458 |
| (3) "Full-time employment position" means a position of | 2459 |
| employment for consideration for at least thirty-five hours a week | 2460 |
| that has been filled for at least one hundred eighty days | 2461 |
| immediately preceding the filing of an application under this | 2462 |
| section and for at least one hundred eighty days during each | 2463 |
| taxable year or each calendar year that includes a tax period with | 2464 |
| respect to which the credit is granted. | 2465 |
| (4) "Manufacturer" has the same meaning as in section | 2466 |
| 5739.011 of the Revised Code. | 2467 |
| (5) "Project site" means an integrated complex of facilities | 2468 |
| in this state, as specified by the tax credit authority under this | 2469 |
| section, within a fifteen-mile radius where a taxpayer is | 2470 |
| primarily operating as an eligible business. | 2471 |
| (6) "Applicable corporation" means a corporation satisfying | 2472 |
| all of the following: | 2473 |
| (a)(i) For the entire taxable year immediately preceding the | 2474 |
| tax year, the corporation develops software applications primarily | 2475 |
| to provide telecommunication billing and information services | 2476 |
| through outsourcing or licensing to domestic or international | 2477 |
| customers. | 2478 |
| (ii) Sales and licensing of software generated at least six | 2479 |
| hundred million dollars in revenue during the taxable year | 2480 |
| immediately preceding the tax year the corporation is first | 2481 |
| entitled to claim the credit provided under division (B) of this | 2482 |
| section. | 2483 |
| (b) For the entire taxable year immediately preceding the tax | 2484 |
| year, the corporation or one or more of its related members | 2485 |
| provides customer or employee care and technical support for | 2486 |
| clients through one or more contact centers within this state, and | 2487 |
| the corporation and its related members together have a daily | 2488 |
| average, based on a | 2489 |
| three-hundred-sixty-five-day year, of at least five hundred | 2490 |
| thousand successful customer contacts through one or more of their | 2491 |
| contact centers, wherever located. | 2492 |
| (c) The corporation is eligible for the credit under division | 2493 |
| (B) of this section for the tax year. | 2494 |
| (7) "Related member" has the same meaning as in section | 2495 |
| 5733.042 of the Revised Code as that section existed on the | 2496 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 2497 |
| general assembly, September 29, 1997. | 2498 |
| (8) "Successful customer contact" means a contact with an end | 2499 |
| user via telephone, including interactive voice recognition or | 2500 |
| similar means, where the contact culminates in a conversation or | 2501 |
| connection other than a busy signal or equipment busy. | 2502 |
| (9) "Telecommunications" means all forms of | 2503 |
| telecommunications service as defined in section 5739.01 of the | 2504 |
| Revised Code, and includes services in wireless, wireline, cable, | 2505 |
| broadband, internet protocol, and satellite. | 2506 |
| (10)(a) "Applicable difference" means the difference between | 2507 |
| the tax for the tax year under Chapter 5733. of the Revised Code | 2508 |
| applying the law in effect for that tax year, and the tax for that | 2509 |
| tax year if section 5733.042 of the Revised Code applied as that | 2510 |
| section existed on the effective date of its amendment by Am. Sub. | 2511 |
| H.B. 215 of the 122nd general assembly, September 29, 1997, | 2512 |
| subject to division (A)(10)(b) of this section. | 2513 |
| (b) If the tax rate set forth in division (B) of section | 2514 |
| 5733.06 of the Revised Code for the tax year is less than eight | 2515 |
| and one-half per cent, the tax calculated under division | 2516 |
| (A)(10)(a) of this section shall be computed by substituting a tax | 2517 |
| rate of eight and one-half per cent for the rate set forth in | 2518 |
| division (B) of section 5733.06 of the Revised Code for the tax | 2519 |
| year. | 2520 |
| (c) If the resulting difference is negative, the applicable | 2521 |
| tax difference for the tax year shall be zero. | 2522 |
| (B) The tax credit authority created under section 122.17 of | 2523 |
| the Revised Code may grant tax credits under this section for the | 2524 |
| purpose of fostering job retention in this state. Upon application | 2525 |
| by an eligible business and upon consideration of the | 2526 |
| recommendation of the director of budget and management, tax | 2527 |
| commissioner, and director of development under division (C) of | 2528 |
| this section, the tax credit authority may grant to an eligible | 2529 |
| business a nonrefundable credit against the tax imposed by section | 2530 |
| 5733.06 or 5747.02 of the Revised Code for taxable years ending | 2531 |
| before 2008 for a period up to fifteen taxable years and against | 2532 |
| the tax levied by Chapter 5751. of the Revised Code for tax | 2533 |
| periods beginning in 2008 and thereafter for a period of up to | 2534 |
| fifteen calendar years. The credit shall be in an amount not | 2535 |
| exceeding seventy-five per cent of the Ohio income tax withheld | 2536 |
| from the employees of the eligible business occupying full-time | 2537 |
| employment positions at the project site during the calendar year | 2538 |
| that includes the last day of such business' taxable year or tax | 2539 |
| period with respect to which the credit is granted. The amount of | 2540 |
| the credit shall not be based on the Ohio income tax withheld from | 2541 |
| full-time employees for a calendar year prior to the calendar year | 2542 |
| in which the minimum investment requirement referred to in | 2543 |
| division (A)(2)(b) of this section is completed. The credit shall | 2544 |
| be claimed only for the taxable years or tax periods specified in | 2545 |
| the eligible business' agreement with the tax credit authority | 2546 |
| under division (E) of this section, but in no event shall the | 2547 |
| credit be claimed for a taxable year or tax period terminating | 2548 |
| before the date specified in the agreement. | 2549 |
| The credit computed under this division is in addition to any | 2550 |
| credit allowed under division (M) of this section which the tax | 2551 |
| credit authority may also include in the agreement. | 2552 |
| Any unused portion of a tax credit may be carried forward for | 2553 |
| not more than three additional years after the year for which the | 2554 |
| credit is granted. | 2555 |
| (C) A taxpayer that proposes a capital investment project to | 2556 |
| retain jobs in this state may apply to the tax credit authority to | 2557 |
| enter into an agreement for a tax credit under this section. The | 2558 |
| director of development shall prescribe the form of the | 2559 |
| application. After receipt of an application, the authority shall | 2560 |
| forward copies of the application to the director of budget and | 2561 |
| management, the tax commissioner, and the director of development, | 2562 |
| each of whom shall review the application to determine the | 2563 |
| economic impact the proposed project would have on the state and | 2564 |
| the affected political subdivisions and shall submit a summary of | 2565 |
| their determinations and recommendations to the authority. The | 2566 |
| authority shall make no agreements under this section after June | 2567 |
| 30, 2007. | 2568 |
| (D) Upon review of the determinations and recommendations | 2569 |
| described in division (C) of this section, the tax credit | 2570 |
| authority may enter into an agreement with the taxpayer for a | 2571 |
| credit under this section if the authority determines all of the | 2572 |
| following: | 2573 |
| (1) The taxpayer's capital investment project will result in | 2574 |
| the retention of full-time employment positions in this state. | 2575 |
| (2) The taxpayer is economically sound and has the ability to | 2576 |
| complete the proposed capital investment project. | 2577 |
| (3) The taxpayer intends to and has the ability to maintain | 2578 |
| operations at the project site for at least twice the term of the | 2579 |
| credit. | 2580 |
| (4) Receiving the credit is a major factor in the taxpayer's | 2581 |
| decision to begin, continue with, or complete the project. | 2582 |
| (5) The political subdivisions in which the project is | 2583 |
| located have agreed to provide substantial financial support to | 2584 |
| the project. | 2585 |
| (E) An agreement under this section shall include all of the | 2586 |
| following: | 2587 |
| (1) A detailed description of the project that is the subject | 2588 |
| of the agreement, including the amount of the investment, the | 2589 |
| period over which the investment has been or is being made, and | 2590 |
| the number of full-time employment positions at the project site. | 2591 |
| (2) The method of calculating the number of full-time | 2592 |
| employment positions as specified in division (A)(3) of this | 2593 |
| section. | 2594 |
| (3) The term and percentage of the tax credit, and the first | 2595 |
| year for which the credit may be claimed. | 2596 |
| (4) A requirement that the taxpayer maintain operations at | 2597 |
| the project site for at least twice the number of years as the | 2598 |
| term of the credit. | 2599 |
| (5) A requirement that the taxpayer retain a specified number | 2600 |
| of full-time employment positions at the project site and within | 2601 |
| this state for the term of the credit, including a requirement | 2602 |
| that the taxpayer continue to employ at least one thousand | 2603 |
| employees in full-time employment positions at the project site | 2604 |
| during the entire term of any agreement, subject to division | 2605 |
| (E)(7) of this section. | 2606 |
| (6) A requirement that the taxpayer annually report to the | 2607 |
| director of development the number of full-time employment | 2608 |
| positions subject to the credit, the amount of tax withheld from | 2609 |
| employees in those positions, the amount of the payments made for | 2610 |
| the capital investment project, and any other information the | 2611 |
| director needs to perform the director's duties under this | 2612 |
| section. | 2613 |
| (7) A requirement that the director of development annually | 2614 |
| review the annual reports of the taxpayer to verify the | 2615 |
| information reported under division (E)(6) of this section and | 2616 |
| compliance with the agreement. Upon verification, the director | 2617 |
| shall issue a certificate to the taxpayer stating that the | 2618 |
| information has been verified and identifying the amount of the | 2619 |
| credit for the taxable year. Unless otherwise specified by the tax | 2620 |
| credit authority in a resolution and included as part of the | 2621 |
| agreement, the director shall not issue a certificate for any year | 2622 |
| in which the total number of filled full-time employment positions | 2623 |
| for each day of the calendar year divided by three hundred | 2624 |
| sixty-five is less than ninety per cent of the full-time | 2625 |
| employment positions specified in division (E)(5) of this section. | 2626 |
| In determining the number of full-time employment positions, no | 2627 |
| position shall be counted that is filled by an employee who is | 2628 |
| included in the calculation of a tax credit under section 122.17 | 2629 |
| of the Revised Code. | 2630 |
| (8)(a) A provision requiring that the taxpayer, except as | 2631 |
| otherwise provided in division (E)(8)(b) of this section, shall | 2632 |
| not relocate employment positions from elsewhere in this state to | 2633 |
| the project site that is the subject of the agreement for the | 2634 |
| lesser of five years from the date the agreement is entered into | 2635 |
| or the number of years the taxpayer is entitled to claim the | 2636 |
| credit. | 2637 |
| (b) The taxpayer may relocate employment positions from | 2638 |
| elsewhere in this state to the project site that is the subject of | 2639 |
| the agreement if the director of development determines both of | 2640 |
| the following: | 2641 |
| (i) That the site from which the employment positions would | 2642 |
| be relocated is inadequate to meet market and industry conditions, | 2643 |
| expansion plans, consolidation plans, or other business | 2644 |
| considerations affecting the taxpayer; | 2645 |
| (ii) That the legislative authority of the county, township, | 2646 |
| or municipal corporation from which the employment positions would | 2647 |
| be relocated has been notified of the relocation. | 2648 |
| For purposes of this section, the movement of an employment | 2649 |
| position from one political subdivision to another political | 2650 |
| subdivision shall be considered a relocation of an employment | 2651 |
| position unless the movement is confined to the project site. The | 2652 |
| transfer of an individual employee from one political subdivision | 2653 |
| to another political subdivision shall not be considered a | 2654 |
| relocation of an employment position as long as the individual's | 2655 |
| employment position in the first political subdivision is | 2656 |
| refilled. | 2657 |
| (9) A waiver by the taxpayer of any limitations periods | 2658 |
| relating to assessments or adjustments resulting from the | 2659 |
| taxpayer's failure to comply with the agreement. | 2660 |
| (F) If a taxpayer fails to meet or comply with any condition | 2661 |
| or requirement set forth in a tax credit agreement, the tax credit | 2662 |
| authority may amend the agreement to reduce the percentage or term | 2663 |
| of the credit. The reduction of the percentage or term shall take | 2664 |
| effect in the taxable year immediately following the taxable year | 2665 |
| in which the authority amends the agreement or in the first tax | 2666 |
| period beginning in the calendar year immediately following the | 2667 |
| calendar year in which the authority amends the agreement. If the | 2668 |
| taxpayer relocates employment positions in violation of the | 2669 |
| provision required under division (D)(8)(a) of this section, the | 2670 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 2671 |
| the Revised Code for any tax years following the calendar year in | 2672 |
|
which the relocation occurs, | 2673 |
| under section 5747.058 of the Revised Code for the taxable year in | 2674 |
| which the relocation occurs and any subsequent taxable years, and | 2675 |
| shall not claim the tax credit under division (A) of section | 2676 |
| 5751.50 of the Revised Code for the tax period in which the | 2677 |
| relocation occurs and any subsequent tax periods. | 2678 |
| (G) Financial statements and other information submitted to | 2679 |
| the department of development or the tax credit authority by an | 2680 |
| applicant for or recipient of a tax credit under this section, and | 2681 |
| any information taken for any purpose from such statements or | 2682 |
| information, are not public records subject to section 149.43 of | 2683 |
| the Revised Code. However, the chairperson of the authority may | 2684 |
| make use of the statements and other information for purposes of | 2685 |
| issuing public reports or in connection with court proceedings | 2686 |
| concerning tax credit agreements under this section. Upon the | 2687 |
| request of the tax commissioner, the chairperson of the authority | 2688 |
| shall provide to the commissioner any statement or other | 2689 |
| information submitted by an applicant for or recipient of a tax | 2690 |
| credit in connection with the credit. The commissioner shall | 2691 |
| preserve the confidentiality of the statement or other | 2692 |
| information. | 2693 |
| (H) A taxpayer claiming a tax credit under this section shall | 2694 |
| submit to the tax commissioner a copy of the director of | 2695 |
| development's certificate of verification under division (E)(7) of | 2696 |
| this section for the taxable year or for the calendar year that | 2697 |
| includes the tax period. However, failure to submit a copy of the | 2698 |
| certificate does not invalidate a claim for a credit. | 2699 |
| (I) For the purposes of this section, a taxpayer may include | 2700 |
| a partnership, a corporation that has made an election under | 2701 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 2702 |
| Code, or any other business entity through which income flows as a | 2703 |
| distributive share to its owners. A tax credit received under this | 2704 |
| section by a partnership, S-corporation, or other such business | 2705 |
| entity shall be apportioned among the persons to whom the income | 2706 |
| or profit of the partnership, S-corporation, or other entity is | 2707 |
| distributed, in the same proportions as those in which the income | 2708 |
| or profit is distributed. | 2709 |
| (J) If the director of development determines that a taxpayer | 2710 |
| that received a tax credit under this section is not complying | 2711 |
| with the requirement under division (E)(4) of this section, the | 2712 |
| director shall notify the tax credit authority of the | 2713 |
| noncompliance. After receiving such a notice, and after giving the | 2714 |
| taxpayer an opportunity to explain the noncompliance, the | 2715 |
| authority may terminate the agreement and require the taxpayer to | 2716 |
| refund to the state all or a portion of the credit claimed in | 2717 |
| previous years, as follows: | 2718 |
| (1) If the taxpayer maintained operations at the project site | 2719 |
| for less than the term of the credit, the amount required to be | 2720 |
| refunded shall not exceed the amount of any tax credits previously | 2721 |
| allowed and received under this section. | 2722 |
| (2) If the taxpayer maintained operations at the project site | 2723 |
| longer than the term of the credit but less than one and one-half | 2724 |
| times the term of the credit, the amount required to be refunded | 2725 |
| shall not exceed fifty per cent of the sum of any tax credits | 2726 |
| previously allowed and received under this section. | 2727 |
| (3) If the taxpayer maintained operations at the project site | 2728 |
| for at least one and one-half times the term of the credit but | 2729 |
| less than twice the term of the credit, the amount required to be | 2730 |
| refunded shall not exceed twenty-five per cent of the sum of any | 2731 |
| tax credits previously allowed and received under this section. | 2732 |
| In determining the portion of the credit to be refunded to | 2733 |
| this state, the authority shall consider the effect of market | 2734 |
| conditions on the taxpayer's project and whether the taxpayer | 2735 |
| continues to maintain other operations in this state. After making | 2736 |
| the determination, the authority shall certify the amount to be | 2737 |
| refunded to the tax commissioner. The commissioner shall make an | 2738 |
| assessment for that amount against the taxpayer under Chapter | 2739 |
| 5733. | 2740 |
| limitations
on assessments under | 2741 |
| 2742 | |
| this division, but the commissioner shall make the assessment | 2743 |
| within one year after the date the authority certifies to the | 2744 |
| commissioner the amount to be refunded. | 2745 |
| If the director of development determines that a taxpayer | 2746 |
| that received a tax credit under this section has reduced the | 2747 |
| number of employees agreed to under division (E)(5) of this | 2748 |
| section by more than ten per cent, the director shall notify the | 2749 |
| tax credit authority of the noncompliance. After receiving such | 2750 |
| notice, and after providing the taxpayer an opportunity to explain | 2751 |
| the noncompliance, the authority may amend the agreement to reduce | 2752 |
| the percentage or term of the tax credit. The reduction in the | 2753 |
| percentage or term shall take effect in the taxable year, or in | 2754 |
| the calendar year that includes the tax period, in which the | 2755 |
| authority amends the agreement. | 2756 |
| (K) The director of development, after consultation with the | 2757 |
| tax commissioner and in accordance with Chapter 119. of the | 2758 |
| Revised Code, shall adopt rules necessary to implement this | 2759 |
| section. The rules may provide for recipients of tax credits under | 2760 |
| this section to be charged fees to cover administrative costs of | 2761 |
| the tax credit program. At the time the director gives public | 2762 |
| notice under division (A) of section 119.03 of the Revised Code of | 2763 |
| the adoption of the rules, the director shall submit copies of the | 2764 |
| proposed rules to the chairpersons of the standing committees on | 2765 |
| economic development in the senate and the house of | 2766 |
| representatives. | 2767 |
| (L) On or before the thirty-first day of March of each year, | 2768 |
| the director of development shall submit a report to the governor, | 2769 |
| the president of the senate, and the speaker of the house of | 2770 |
| representatives on the tax credit program under this section. The | 2771 |
| report shall include information on the number of agreements that | 2772 |
| were entered into under this section during the preceding calendar | 2773 |
| year, a description of the project that is the subject of each | 2774 |
| such agreement, and an update on the status of projects under | 2775 |
| agreements entered into before the preceding calendar year. | 2776 |
| (M)(1) A nonrefundable credit shall be allowed to an | 2777 |
| applicable corporation and its related members in an amount equal | 2778 |
| to the applicable difference. The credit is in addition to the | 2779 |
| credit granted to the corporation or related members under | 2780 |
| division (B) of this section. The credit is subject to divisions | 2781 |
| (B) to (E) and division (J) of this section. | 2782 |
| (2) A person qualifying as an applicable corporation under | 2783 |
| this section for a tax year does not necessarily qualify as an | 2784 |
| applicable corporation for any other tax year. No person is | 2785 |
| entitled to the credit allowed under division (M) of this section | 2786 |
| for the tax year immediately following the taxable year during | 2787 |
| which the person fails to meet the requirements in divisions | 2788 |
| (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 2789 |
| to the credit allowed under division (M) of this section for any | 2790 |
| tax year for which the person is not eligible for the credit | 2791 |
| provided under division (B) of this section. | 2792 |
| Sec. 122.603. (A)(1) Upon approval by the director of | 2793 |
| development and after entering into a participation agreement with | 2794 |
| the department of development, a participating financial | 2795 |
| institution making a capital access loan shall establish a program | 2796 |
| reserve account. The account shall be an interest-bearing account | 2797 |
| and shall contain only moneys deposited into it under the program | 2798 |
| and the interest payable on the moneys in the account. | 2799 |
| (2) All interest payable on the moneys in the program reserve | 2800 |
| account shall be added to the moneys and held as an additional | 2801 |
| loss reserve. The director may require that a portion or all of | 2802 |
| the accrued interest so held in the account be released to the | 2803 |
| department. If the director causes a release of accrued interest, | 2804 |
| the director shall deposit the released amount into the capital | 2805 |
| access loan program fund created in section 122.601 of the Revised | 2806 |
| Code. The director shall not require the release of that accrued | 2807 |
| interest more than twice in a fiscal year. | 2808 |
| (B) When a participating financial institution makes a | 2809 |
| capital access loan, it shall require the eligible business to pay | 2810 |
| to the participating financial institution a fee in an amount that | 2811 |
| is not less than one and one-half per cent, and not more than | 2812 |
| three per cent, of the principal amount of the loan. The | 2813 |
| participating financial institution shall deposit the fee into its | 2814 |
| program reserve account, and it also shall deposit into the | 2815 |
| account an amount of its own funds equal to the amount of the fee. | 2816 |
| The participating financial institution may recover from the | 2817 |
| eligible business all or part of the amount that the participating | 2818 |
| financial institution is required to deposit into the account | 2819 |
| under this division in any manner agreed to by the participating | 2820 |
| financial institution and the eligible business. | 2821 |
| (C) For each capital access loan made by a participating | 2822 |
| financial institution, the participating financial institution | 2823 |
| shall certify to the director, within a period specified by the | 2824 |
| director, that the participating financial institution has made | 2825 |
| the loan. The certification shall include the amount of the loan, | 2826 |
| the amount of the fee received from the eligible business, the | 2827 |
| amount of its own funds that the participating financial | 2828 |
| institution deposited into its program reserve account to reflect | 2829 |
| that fee, and any other information specified by the director. | 2830 |
| (D) | 2831 |
| from a participating financial institution made under division (C) | 2832 |
| of this section and subject to section 122.602 of the Revised | 2833 |
| Code, the director shall disburse to the participating financial | 2834 |
| institution from the capital access loan program fund an amount | 2835 |
| equal to fifty per cent of the principal amount of the particular | 2836 |
| capital access loan for deposit into the participating financial | 2837 |
| institution's program reserve account. Thereafter, upon receipt of | 2838 |
| a certification from that participating financial institution made | 2839 |
| under division (C) of this section and subject to section 122.602 | 2840 |
| of the Revised Code, the director shall disburse to the | 2841 |
| participating financial institution from the capital access loan | 2842 |
| program fund an amount equal to ten per cent of the principal | 2843 |
| amount of the particular capital access loan for deposit into the | 2844 |
| participating financial institution's program reserve account. The | 2845 |
| disbursement of moneys from the fund to a participating financial | 2846 |
| institution does not require approval from the controlling board. | 2847 |
| (E) If the amount in a program reserve account exceeds an | 2848 |
| amount equal to thirty-three per cent of a participating financial | 2849 |
| institution's outstanding capital access loans, the department may | 2850 |
| cause the withdrawal of the excess amount and the deposit of the | 2851 |
| withdrawn amount into the capital access loan program fund. | 2852 |
| (F)(1) The department may cause the withdrawal of the total | 2853 |
| amount in a participating financial institution's program reserve | 2854 |
| account if any of the following applies: | 2855 |
| (a) The financial institution is no longer eligible to | 2856 |
| participate in the program. | 2857 |
| (b) The participation agreement expires without renewal by | 2858 |
| the department or the financial institution. | 2859 |
| (c) The financial institution has no outstanding capital | 2860 |
| access loans. | 2861 |
| (d) The financial institution has not made a capital access | 2862 |
| loan within the preceding twenty-four months. | 2863 |
| (2) If the department causes a withdrawal under division | 2864 |
| (F)(1) of this section, the department shall deposit the withdrawn | 2865 |
| amount into the capital access loan program fund. | 2866 |
| Sec. 122.71. As used in sections 122.71 to 122.83 of the | 2867 |
| Revised Code: | 2868 |
| (A) "Financial institution" means any banking corporation, | 2869 |
| trust company, insurance company, savings and loan association, | 2870 |
| building and loan association, or corporation, partnership, | 2871 |
| federal lending agency, foundation, or other institution engaged | 2872 |
| in lending or investing funds for industrial or business purposes. | 2873 |
| (B) "Project" means any real or personal property connected | 2874 |
| with or being a part of an industrial, distribution, commercial, | 2875 |
| or research facility to be acquired, constructed, reconstructed, | 2876 |
| enlarged, improved, furnished, or equipped, or any combination | 2877 |
| thereof, with the aid provided under sections 122.71 to 122.83 of | 2878 |
| the Revised Code, for industrial, commercial, distribution, and | 2879 |
| research development of the state. | 2880 |
| (C) "Mortgage" means the lien imposed on a project by a | 2881 |
| mortgage on real property, or by financing statements on personal | 2882 |
| property, or a combination of a mortgage and financing statements | 2883 |
| when a project consists of both real and personal property. | 2884 |
| (D) "Mortgagor" means the principal user of a project or the | 2885 |
| person, corporation, partnership, or association unconditionally | 2886 |
| guaranteeing performance by the principal user of its obligations | 2887 |
| under the mortgage. | 2888 |
| (E)(1) "Minority business enterprise" means an individual who | 2889 |
| is a United States citizen and owns and controls a business, or a | 2890 |
| partnership, corporation, or joint venture of any kind that is | 2891 |
| owned and controlled by United States citizens, which citizen or | 2892 |
| citizens are residents of this state and are members of one of the | 2893 |
| following economically disadvantaged groups: Blacks or African | 2894 |
| Americans, American
Indians, Hispanics or Latinos, and
| 2895 |
| Asians. | 2896 |
| (2) "Owned and controlled" means that at least fifty-one per | 2897 |
| cent of the business, including corporate stock if a corporation, | 2898 |
| is owned by persons who belong to one or more of the groups set | 2899 |
| forth in division (E)(1) of this section, and that those owners | 2900 |
| have control over the management and day-to-day operations of the | 2901 |
| business and an interest in the capital, assets, and profits and | 2902 |
| losses of the business proportionate to their percentage of | 2903 |
| ownership. In order to qualify as a minority business enterprise, | 2904 |
| a business shall have been owned and controlled by those persons | 2905 |
| at least one year prior to being awarded a contract pursuant to | 2906 |
| this section. | 2907 |
| (F) "Community improvement corporation" means a corporation | 2908 |
| organized under Chapter 1724. of the Revised Code. | 2909 |
| (G) "Ohio development corporation" means a corporation | 2910 |
| organized under Chapter 1726. of the Revised Code. | 2911 |
| (H) "Minority contractors business assistance organization" | 2912 |
| means an entity engaged in the provision of management and | 2913 |
| technical business assistance to minority business enterprise | 2914 |
| entrepreneurs. | 2915 |
| (I) "Minority business supplier development council" means a | 2916 |
| nonprofit organization established as an affiliate of the national | 2917 |
| minority supplier development council. | 2918 |
| (J) "Regional economic development entity" means an entity | 2919 |
| that is under contract with the director of development to | 2920 |
| administer a loan program under this chapter in a particular area | 2921 |
| of the state. | 2922 |
| Sec. 122.72. (A) There is hereby created the minority | 2923 |
| development financing advisory board to assist in carrying out the | 2924 |
| programs created pursuant to sections 122.71 to | 2925 |
| the Revised Code. | 2926 |
| (B) The board shall consist of | 2927 |
| director of development or the director's designee shall be a | 2928 |
| voting member on the board. Seven members shall be appointed by | 2929 |
| the governor with the advice and consent of the senate and | 2930 |
| selected because of their knowledge of and experience in | 2931 |
| industrial, business, and commercial financing, suretyship, | 2932 |
| construction, and their understanding of the problems of minority | 2933 |
| business enterprises; one member also shall be a member of the | 2934 |
| senate and appointed by the president of the senate, and one | 2935 |
| member also shall be a member of the house of representatives and | 2936 |
| appointed by the speaker of the house of representatives. With | 2937 |
| respect to the board, all of the following apply: | 2938 |
| (1) Not more than four of the members of the board appointed | 2939 |
| by the governor shall be of the same political party. | 2940 |
| (2) Each member shall hold office from the date of the | 2941 |
| member's appointment until the end of the term for which the | 2942 |
| member was appointed. | 2943 |
| (3) The terms of office for the seven members appointed by | 2944 |
| the governor shall be for seven years, commencing on the first day | 2945 |
| of October and ending on the thirtieth day of September of the | 2946 |
| seventh year, except that of the original seven members, three | 2947 |
| shall be appointed for three years and two shall be appointed for | 2948 |
| five years. | 2949 |
| (4) Any member of the board is eligible for reappointment. | 2950 |
| (5) Any member appointed to fill a vacancy occurring prior to | 2951 |
| the
expiration of the term for which | 2952 |
|
was appointed shall hold office for the remainder of | 2953 |
| predecessor's term. | 2954 |
| (6) Any member shall continue in office subsequent to the | 2955 |
| expiration
date of | 2956 |
| successor takes office, or until a period of sixty days has | 2957 |
| elapsed, whichever occurs first. | 2958 |
| (7) Before entering upon | 2959 |
| the board, each member shall take an oath as provided by Section 7 | 2960 |
| of Article XV, Ohio Constitution. | 2961 |
| (8) The governor may, at any time, remove any member | 2962 |
| appointed by
| 2963 |
| Revised Code. | 2964 |
| (9) Notwithstanding section 101.26 of the Revised Code, | 2965 |
| members shall receive their necessary and actual expenses while | 2966 |
| engaged in the business of the board and shall be paid at the per | 2967 |
| diem rate of step 1 of pay range 31 of section 124.15 of the | 2968 |
| Revised Code. | 2969 |
| (10) | 2970 |
| the affirmative
vote of | 2971 |
| necessary for any action taken by the board. | 2972 |
| (11) In the event of the absence of a member appointed by the | 2973 |
| president of the senate or by the speaker of the house of | 2974 |
| representatives, either of the following persons may serve in the | 2975 |
| member's absence: | 2976 |
| (a) The president of the senate or the speaker of the house | 2977 |
| of representatives, whoever appointed the absent member; | 2978 |
| (b) A member of the senate or of the house of representatives | 2979 |
| of the same political party as the absent member, as designated by | 2980 |
| the president of the senate or the speaker of the house of | 2981 |
| representatives, whoever appointed the absent member. | 2982 |
| (12) The board shall annually elect one of its members as | 2983 |
| 2984 | |
| vice-chairperson. | 2985 |
| Sec. 122.73. (A) The minority development financing advisory | 2986 |
| board and the director of development are invested with the powers | 2987 |
| and duties provided in sections 122.71 to
| 2988 |
| Revised Code, in order to promote the welfare of the people of the | 2989 |
| state by encouraging the establishment and expansion of minority | 2990 |
| business enterprises | 2991 |
| employment | 2992 |
| industrial, commercial, distribution, and research activities | 2993 |
| required for the people of the state, and for their gainful | 2994 |
| employment | 2995 |
| employment opportunities, or improve the economic welfare of the | 2996 |
| people of the state. It is hereby determined that the | 2997 |
| accomplishment of those purposes is essential so that the people | 2998 |
| of the state may maintain their present high standards of living | 2999 |
| in comparison with the people of other states and so that | 3000 |
| opportunities for employment and for favorable markets for the | 3001 |
| products of the state's natural resources, agriculture, and | 3002 |
|
manufacturing shall be improved | 3003 |
| it is necessary for the state to establish the programs authorized | 3004 |
| under sections 122.71 to | 3005 |
| establish the minority development financing advisory board, and | 3006 |
| to invest it and the director of development with the powers and | 3007 |
| duties provided in sections 122.71 to | 3008 |
| Code. | 3009 |
| (B) The minority development financing advisory board shall | 3010 |
| do all of the following: | 3011 |
| (1) Make recommendations to the director as to applications | 3012 |
| for assistance
pursuant to sections 122.71 to | 3013 |
| Revised Code. The board may revise its recommendations to reflect | 3014 |
| any changes in the proposed assistance made by the director. | 3015 |
| (2) Advise the director in the administration of sections | 3016 |
| 122.71 to | 3017 |
| (3) Adopt bylaws to govern the conduct of the business of the | 3018 |
| board. | 3019 |
| Sec. 122.74. (A)(1) The director of development shall do all | 3020 |
| of the following: | 3021 |
| | 3022 |
| 122.71 to | 3023 |
| but subject to division (A)(2) of this section, forward them to | 3024 |
| the minority development financing advisory board together with | 3025 |
| necessary supporting information; | 3026 |
| | 3027 |
| final determination whether to approve the application for | 3028 |
| assistance; | 3029 |
| | 3030 |
| development entity for loans made under section 122.76 of the | 3031 |
| Revised Code and make a final determination, notwithstanding | 3032 |
| divisions (A)(1) and (2) of this section, whether to approve the | 3033 |
| proposed loan; | 3034 |
| (d) Transmit the director's determinations to approve | 3035 |
| assistance to the controlling board together with any information | 3036 |
| the controlling board requires for its review and decision as to | 3037 |
| whether to approve the assistance. | 3038 |
| (2) The director is not required to submit any determination, | 3039 |
| data, terms, or any other application materials or information to | 3040 |
| the minority development financing advisory board when provision | 3041 |
| of the assistance has been recommended to the director by a | 3042 |
| regional economic development entity. | 3043 |
| (B) The director may do all of the following: | 3044 |
| (1) Fix the rate of interest and charges to be made upon or | 3045 |
| with respect to moneys loaned or guaranteed by the director and | 3046 |
| the terms upon which mortgages and lease rentals may be guaranteed | 3047 |
| and the rates of charges to be made for them and make provisions | 3048 |
| for the operation of the funds established by the director in | 3049 |
| accordance with this section and sections
122.80 | 3050 |
| 122.90 of the Revised Code; | 3051 |
| (2) Loan and guarantee moneys from the fund established in | 3052 |
| accordance with section 122.80 of the Revised Code pursuant to and | 3053 |
| in compliance with sections
122.71 to
| 3054 |
| Code. | 3055 |
| (3) Acquire in the name of the director any property of any | 3056 |
| kind or
character in accordance with sections 122.71 to | 3057 |
| 122.90 of the Revised Code, by purchase, purchase at foreclosure, | 3058 |
| or exchange on such terms and in such manner as the director | 3059 |
| considers proper; | 3060 |
| (4) Make and enter into all contracts and agreements | 3061 |
| necessary or incidental to the performance of the director's | 3062 |
| duties and the exercise of the director's powers under sections | 3063 |
| 122.71 to | 3064 |
| (5) Maintain, protect, repair, improve, and insure any | 3065 |
| property that the director has acquired and dispose of it by sale, | 3066 |
| exchange, or lease for the consideration and on the terms and in | 3067 |
| the manner as the director considers proper, but the director | 3068 |
| shall not operate any such property as a business except as the | 3069 |
| lessor of it; | 3070 |
| (6)(a) When the cost of any contract for the maintenance, | 3071 |
| protection, repair, or improvement of any property held by the | 3072 |
| director, other than compensation for personal services, involves | 3073 |
| an expenditure of more than fifty thousand dollars, the director | 3074 |
| shall make a written contract with the lowest responsive and | 3075 |
| responsible bidder in accordance with section 9.312 of the Revised | 3076 |
| Code after advertisement for not less than two consecutive weeks | 3077 |
| in a newspaper of general circulation in the county where such | 3078 |
| contract, or some substantial part of it, is to be performed, and | 3079 |
| in such other publications as the director determines, which | 3080 |
| notice shall state the general character of the work and the | 3081 |
| general character of the materials to be furnished, the place | 3082 |
| where plans and specifications therefor may be examined, and the | 3083 |
| time and place of receiving bids. | 3084 |
| (b) Each bid for a contract for the construction, demolition, | 3085 |
| alteration, repair, or reconstruction of an improvement shall | 3086 |
| contain the full name of every person interested in it and meet | 3087 |
| the requirements of section 153.54 of the Revised Code. | 3088 |
| (c) Each bid for a contract, except as provided in division | 3089 |
| (B)(6)(b) of this section, shall contain the full name of every | 3090 |
| person interested in it and shall be accompanied by bond or | 3091 |
| certified check on a solvent bank, in such amount as the director | 3092 |
| considers sufficient, that if the bid is accepted a contract will | 3093 |
| be entered into and the performance of the proposal secured. | 3094 |
| (d) The director may reject any and all bids. | 3095 |
| (e) A bond with good and sufficient surety, approved by the | 3096 |
| director, shall be required of every contractor awarded a contract | 3097 |
| except as provided in division (B)(6)(b) of this section, in an | 3098 |
| amount equal to at least fifty per cent of the contract price, | 3099 |
| conditioned upon faithful performance of the contract. | 3100 |
| (7) Employ or contract with financial consultants, | 3101 |
| appraisers, consulting engineers, superintendents, managers, | 3102 |
| construction and accounting experts, attorneys, and other | 3103 |
| employees and agents as are necessary in the director's judgment | 3104 |
| and fix their compensation; | 3105 |
| (8) Receive and accept grants, gifts, and contributions of | 3106 |
| money, property, labor, and other things of value to be held, | 3107 |
| used, and applied only
for the purpose for which | 3108 |
| gifts, and contributions are made, from individuals, private and | 3109 |
| public corporations, from the United States or any agency thereof, | 3110 |
| from the state or any agency thereof, and from any political | 3111 |
| subdivision of the state, and may agree to repay any contribution | 3112 |
| of money or to return any property contributed or the value | 3113 |
|
thereof at such times, in | 3114 |
| conditions, excluding the payment of interest, as the director | 3115 |
| determines at the time | 3116 |
| evidence | 3117 |
| instruments; | 3118 |
| (9) Establish with the treasurer of state the funds provided | 3119 |
| in sections 122.80 and 122.88 of the Revised Code in addition to | 3120 |
| such funds as the director determines are necessary or proper; | 3121 |
| (10) Adopt rules under Chapter 119. of the Revised Code | 3122 |
|
necessary to implement
sections 122.71 to | 3123 |
| Revised Code. | 3124 |
| (11) Do all acts and things necessary or proper to carry out | 3125 |
| the powers expressly granted and the duties imposed in sections | 3126 |
| 122.71 to | 3127 |
| (C)(1) All expenses and obligations incurred by the director | 3128 |
| in carrying out the director's powers and in exercising the | 3129 |
|
director's duties under sections
122.71 to | 3130 |
| Revised Code shall be payable solely from revenues or other | 3131 |
| receipts or income of the director, from grants, gifts, and | 3132 |
| contributions, or funds established in accordance with such | 3133 |
| sections. Such sections do not authorize the director to incur | 3134 |
| indebtedness or to impose liability on the state or any political | 3135 |
| subdivision of the state. | 3136 |
| (2) Financial statements and other data submitted to the | 3137 |
| director by any corporation, partnership, or person in connection | 3138 |
| with financial assistance
provided under sections 122.71 to | 3139 |
| 122.90 of the Revised Code, or any information taken from such | 3140 |
| statements or data for any purpose, shall not be open to public | 3141 |
| inspection. | 3142 |
| Sec. 122.75. The director of development shall, for the | 3143 |
|
minority business development loan program | 3144 |
| business bonding program, and the minority business bond guarantee | 3145 |
| program under sections 122.87 to | 3146 |
| Code, do all of the following: | 3147 |
| (A) Hire employees, consultants, and agents and fix their | 3148 |
| compensation; | 3149 |
| (B) Adopt bylaws and rules for the regulation of the business | 3150 |
| of the minority development financing advisory board; | 3151 |
| (C) Receive and accept grants, gifts, and contributions of | 3152 |
| money, property, labor, and other things of value, to be held, | 3153 |
| used, and applied only for the purpose for which the grants, | 3154 |
| gifts, and contributions are made, from individuals, private and | 3155 |
| public corporations, the United States or any agency of the United | 3156 |
| States, the state or any agency of the state, and any political | 3157 |
| subdivision of the state. The director may agree to repay any | 3158 |
| contribution of money or to return any property contributed or its | 3159 |
| value at such times,
in | 3160 |
| conditions, excluding the payment of interest, as the director | 3161 |
| determines at the time the contribution is made. The director may | 3162 |
| evidence the obligations by written contracts, subject to section | 3163 |
| 122.76 of the Revised Code; provided, that the director shall not | 3164 |
| thereby incur indebtedness of or impose liability upon the state | 3165 |
| or any political subdivision. | 3166 |
| (D) Establish funds with the treasurer of state in addition | 3167 |
| to the minority business bonding fund created under section 122.88 | 3168 |
| of the Revised Code; | 3169 |
| (E) Invest money in the funds the director establishes | 3170 |
| pursuant to division (D) of this section that is in excess of | 3171 |
| current needs, in notes, bonds, or other obligations that are | 3172 |
| direct obligations of or are guaranteed by the United States, or | 3173 |
| in certificates of deposit or withdrawable accounts of banks, | 3174 |
| trust companies, | 3175 |
| under the laws of this state or the United States, and may credit | 3176 |
| the income or sell the investments at the director's discretion; | 3177 |
| (F) Acquire any property of any kind or character in | 3178 |
| accordance with sections 122.71 to 122.83 of the Revised Code, by | 3179 |
| purchase, purchase at foreclosure, or exchange on terms and in a | 3180 |
| manner the director considers proper; | 3181 |
| (G)(1) Maintain, protect, repair, improve, and insure any | 3182 |
| property the director has acquired and dispose of it by sale, | 3183 |
| exchange, or lease for the consideration and on terms and in a | 3184 |
| manner the director considers proper. The director may not operate | 3185 |
| any property as a business except as a lessor of the property. | 3186 |
| When the cost of any contract for the maintenance, protection, | 3187 |
| repair, or improvement of any property of the advisory board | 3188 |
| connected with the minority business development loan program, | 3189 |
| other than compensation for personal services, involves an | 3190 |
| expenditure of more than one thousand dollars, the director shall | 3191 |
| enter into a written contract with the lowest and best bidder | 3192 |
| after advertisement for not less than four consecutive weeks in a | 3193 |
| newspaper of general circulation in the county where the contract, | 3194 |
| or some substantial part of it, is to be performed, and in other | 3195 |
| publications as the director determines. The notice shall state | 3196 |
| the general character of the work and the general character of the | 3197 |
| materials to be furnished, the place where plans and | 3198 |
| specifications for the work and materials may be examined, and the | 3199 |
| time and place of receiving bids. | 3200 |
| (2) Each bid for a contract for the construction, demolition, | 3201 |
| alteration, repair, or reconstruction of an improvement shall | 3202 |
| contain the full name of every person interested in it and meet | 3203 |
| the requirements of section 153.54 of the Revised Code. | 3204 |
| (3) Each bid for a contract, except as provided in division | 3205 |
| (G)(2) of this section, shall contain the full name of every | 3206 |
| person interested in it and shall be accompanied by a bond or | 3207 |
| certified check on a solvent bank, in the amount of ten per cent | 3208 |
| of the bid, that if the bid is accepted a contract will be entered | 3209 |
| into and the performance of its proposal secured. The director may | 3210 |
| reject any or all bids. A bond with good and sufficient surety, | 3211 |
| approved by the director, shall be required of all contractors in | 3212 |
| an amount equal to at least one hundred per cent of the contract | 3213 |
| price, conditioned upon faithful performance of the contract. | 3214 |
| (H) Expend money appropriated to the department of | 3215 |
| development by the general assembly for the purposes of sections | 3216 |
|
122.71 to 122.83 and 122.87 to | 3217 |
| (I) Do all acts and things necessary or proper to carry out | 3218 |
| the powers expressly granted and the duties imposed in sections | 3219 |
| 122.71 to 122.83 and 122.87 to | 3220 |
| Sec. 122.751. The minority development financing advisory | 3221 |
| board or a regional economic development entity shall only | 3222 |
| consider an application for a loan from any applicant after a | 3223 |
| certification by the equal employment opportunity coordinator of | 3224 |
| the department of administrative services under division (B)(1) of | 3225 |
| section 123.151 of the Revised Code that the applicant is a | 3226 |
| minority business enterprise, or after a certification by the | 3227 |
| minority business supplier development council that the applicant | 3228 |
| is a minority business, and that the applicant satisfies all | 3229 |
| criteria regarding eligibility for assistance pursuant to section | 3230 |
| 122.76 of the Revised Code. | 3231 |
| Sec. 122.76. (A) The director of development, with | 3232 |
| controlling board approval, may lend funds to minority business | 3233 |
| enterprises and to community improvement corporations, Ohio | 3234 |
| development corporations, minority contractors business assistance | 3235 |
| organizations, and minority business supplier development councils | 3236 |
| for the purpose of loaning funds to minority business enterprises | 3237 |
| and for the purpose of procuring or improving real or personal | 3238 |
| property, or both, for the establishment, location, or expansion | 3239 |
| of industrial, distribution, commercial, or research facilities in | 3240 |
| the state, if the director determines, in the director's sole | 3241 |
| discretion, that all of the following apply: | 3242 |
| (1) The project is economically sound and will benefit the | 3243 |
| people of the state by increasing opportunities for employment, by | 3244 |
| strengthening the economy of the state, or expanding minority | 3245 |
| business enterprises. | 3246 |
| (2) The proposed minority business enterprise borrower is | 3247 |
| unable to finance the proposed project through ordinary financial | 3248 |
| channels at comparable terms. | 3249 |
| (3) The value of the project is or, upon completion, will be | 3250 |
| at least equal to the total amount of the money expended in the | 3251 |
| procurement or improvement of the project, and one or more | 3252 |
| financial institutions or other governmental entities have loaned | 3253 |
| not less than thirty per cent of that amount. | 3254 |
| (4) The amount to be loaned by the director will not exceed | 3255 |
| sixty per cent of the total amount expended in the procurement or | 3256 |
| improvement of the project. | 3257 |
| (5) The amount to be loaned by the director will be | 3258 |
| adequately secured by a first or second mortgage upon the project | 3259 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 3260 |
| other property or contracts as the director requires, and such | 3261 |
| mortgage will not be subordinate to any other liens or mortgages | 3262 |
| except the liens securing loans or investments made by financial | 3263 |
| institutions referred to in division (A)(3) of this section, and | 3264 |
| the liens securing loans previously made by any financial | 3265 |
| institution in connection with the procurement or expansion of all | 3266 |
| or part of a project. | 3267 |
| (B) Any proposed minority business enterprise borrower | 3268 |
| submitting an application for assistance under this section shall | 3269 |
| not have defaulted on a previous loan from the director, and no | 3270 |
| full or limited partner, major shareholder, or holder of an equity | 3271 |
| interest of the proposed minority business enterprise borrower | 3272 |
| shall have defaulted on a loan from the director. | 3273 |
| (C) The proposed minority business enterprise borrower shall | 3274 |
| demonstrate to the satisfaction of the director that it is able to | 3275 |
| successfully compete in the private sector if it obtains the | 3276 |
| necessary financial, technical, or managerial support and that | 3277 |
| support is available through the director, the minority business | 3278 |
| development office of the department of development, or other | 3279 |
| identified and acceptable sources. In determining whether a | 3280 |
| minority business enterprise borrower will be able to successfully | 3281 |
| compete, the director may give consideration to such factors as | 3282 |
| the successful completion of or participation in courses of study, | 3283 |
| recognized by the board of regents as providing financial, | 3284 |
| technical, or managerial skills related to the operation of the | 3285 |
| business, by the economically disadvantaged individual, owner, or | 3286 |
| partner, and the prior success of the individual, owner, or | 3287 |
| partner in personal, career, or business activities, as well as to | 3288 |
| other factors identified by the director. | 3289 |
| (D) The director shall not lend funds for the purpose of | 3290 |
|
procuring or improving motor vehicles | 3291 |
| 3292 | |
| 3293 |
| Sec. 122.77. (A) The director of development with | 3294 |
| controlling board approval may make loan guarantees to small | 3295 |
| businesses and corporations for the purpose of guaranteeing loans | 3296 |
| made to small businesses by financial institutions for the purpose | 3297 |
| of procuring or improving real or personal property, or both, for | 3298 |
| the establishment, location, or expansion of industrial, | 3299 |
| distribution, commercial, or research facilities in the state, if | 3300 |
| the director determines,
in | 3301 |
| that all of the following apply: | 3302 |
| (1) The project is economically sound and will benefit the | 3303 |
| people of the state by increasing opportunities for employment, by | 3304 |
| strengthening the economy of the state, or expanding minority | 3305 |
| business enterprises | 3306 |
| (2) The proposed small business borrower is unable to finance | 3307 |
| the proposed project through ordinary financial channels at | 3308 |
| comparable terms | 3309 |
| (3) The value of the project is, or upon completion of it | 3310 |
| will be, at least equal to the total amount of the money expended | 3311 |
| in the procurement or improvement of the project and of which | 3312 |
| amount one or more financial institutions or other governmental | 3313 |
| entities have loaned not less than thirty
per cent | 3314 |
| (4) The amount to be guaranteed by the director will not | 3315 |
| exceed | 3316 |
| procurement or improvement of the
project | 3317 |
| (5) The amount to be guaranteed by the director will be | 3318 |
| adequately secured by a first or second mortgage upon the project, | 3319 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 3320 |
| other property or contracts as the director shall require and that | 3321 |
| such mortgage will not be subordinate to any other liens or | 3322 |
| mortgages except the liens securing loans or investments made by | 3323 |
| financial institutions referred to in division (A)(3) of this | 3324 |
| section, and the liens securing loans previously made by any | 3325 |
| financial institution in connection with the procurement or | 3326 |
| expansion of all or part of a project. | 3327 |
| (B) The proposed small business borrower shall not have | 3328 |
| defaulted on a previous loan or guarantee from the director, and | 3329 |
| no full or limited partner, or major shareholder, or holder of any | 3330 |
| equity interest of the proposed minority business enterprise | 3331 |
| borrower shall have defaulted on a loan or guarantee from the | 3332 |
| director. | 3333 |
| (C) The proposed small business borrower shall demonstrate to | 3334 |
| the satisfaction of the director that it is able to successfully | 3335 |
| compete in the private sector if it obtains the necessary | 3336 |
| financial, technical, or managerial support and that support is | 3337 |
| available through the director, the minority business development | 3338 |
| office of the department of development, or other identified and | 3339 |
| acceptable sources. In determining whether a small business | 3340 |
| borrower will be able to successfully compete, the director may | 3341 |
| give consideration to such factors as the successful completion of | 3342 |
| or participation in courses of study, recognized by the board of | 3343 |
| regents as providing financial, technical, or managerial skills | 3344 |
| related to the operation of the business, by the economically | 3345 |
| disadvantaged individual, owner, or partner, and the prior success | 3346 |
| of the individual, owner, or partner in personal, career, or | 3347 |
| business activities, as well as to other factors identified by the | 3348 |
| director. | 3349 |
| (D) The director shall not guarantee funds for the purpose of | 3350 |
|
procuring or improving motor vehicles | 3351 |
| 3352 | |
| 3353 |
| Sec. 122.78. Fees, charges, rates of interest, times of | 3354 |
| payment of interest and principal, and other terms, conditions, | 3355 |
| and provisions of the loans and guarantees made by the director of | 3356 |
|
development pursuant to sections 122.71 to | 3357 |
| Revised Code shall be such as the director determines to be | 3358 |
| appropriate and in furtherance of the purpose for which the loans | 3359 |
| and guarantees are made, but the mortgage lien securing any money | 3360 |
| loaned or guaranteed by the director may be subordinate to the | 3361 |
| mortgage lien securing any money loaned or invested by a financial | 3362 |
| institution, but shall be superior to that securing any money | 3363 |
| loaned or expended by any other corporation or person. The funds | 3364 |
| used in making these loans or guarantees shall be disbursed upon | 3365 |
| order of the director. | 3366 |
| Sec. 122.79. The exercise of the powers granted by sections | 3367 |
| 122.71 to | 3368 |
| respects for the benefit of the people of the state, for the | 3369 |
| increase of their commerce and prosperity, for the increase and | 3370 |
| expansion of minority business enterprises, and for the | 3371 |
| improvement of conditions of employment, and will constitute the | 3372 |
| performance of essential governmental functions; therefore, the | 3373 |
| director of development shall not be required to pay any taxes | 3374 |
| upon any property or assets held by | 3375 |
| property acquired or used by | 3376 |
| 122.71 to | 3377 |
| from it, provided that this exemption shall not apply to any | 3378 |
| property held by the director while it is in the possession of a | 3379 |
| private person, partnership, or corporation and used for private | 3380 |
| purposes for profit, in which case such tax liability shall accrue | 3381 |
|
to | 3382 |
| Sec. 122.82. All moneys, funds, properties, and assets | 3383 |
| acquired by the
director of development shall be held by | 3384 |
| director in
trust to carry out | 3385 |
| duties, shall be used as provided in sections 122.71
to | 3386 |
| 122.90 of the Revised Code, and shall at no time be part of other | 3387 |
| public funds. | 3388 |
| Sec. 122.83. Any person who intentionally misrepresents that | 3389 |
| person's self as owning, controlling, operating, or participating | 3390 |
| in a minority business enterprise for the purpose of obtaining | 3391 |
| funds, contracts, subcontracts, services, or any other benefits | 3392 |
| under sections 122.71 to 122.85 or 122.87 to
| 3393 |
| Revised Code is guilty of theft by deception, pursuant to section | 3394 |
| 2913.02 of the Revised Code. | 3395 |
| Sec. 123.152. (A) As used in this section, "EDGE business | 3396 |
| enterprise" means a sole proprietorship, association, partnership, | 3397 |
| corporation, limited liability corporation, or joint venture | 3398 |
| certified as a participant in the encouraging diversity, growth, | 3399 |
| and equity program by the director of administrative services | 3400 |
| under this section of the Revised Code. | 3401 |
| (B) The director of administrative services shall establish a | 3402 |
| business assistance program known as the encouraging diversity, | 3403 |
| growth, and equity program and shall adopt rules in accordance | 3404 |
| with Chapter 119. of the Revised Code to administer the program | 3405 |
| 3406 |
| (1) Establish procedures by which a sole proprietorship, | 3407 |
| association, partnership, corporation, limited liability | 3408 |
| corporation, or joint venture may apply for certification as an | 3409 |
| EDGE business enterprise; | 3410 |
| (2) | 3411 |
| section, establish agency procurement goals for contracting with | 3412 |
| EDGE business enterprises in the award of contracts under Chapters | 3413 |
| 123., 125., and 153. of the Revised Code based on the availability | 3414 |
| of eligible program participants by region or geographic area, as | 3415 |
| determined by the director, and by standard industrial code or | 3416 |
| equivalent code classification. | 3417 |
| (a) Goals established under division (B)(2) of this section | 3418 |
| shall be based on a percentage level of participation and a | 3419 |
| percentage of contractor availability. | 3420 |
| (b) Goals established under division (B)(2) of this section | 3421 |
| shall be applied at the contract level, relative to an overall | 3422 |
| dollar goal for each state agency, in accordance with the | 3423 |
| following certification categories: construction, architecture, | 3424 |
| and engineering; professional services; goods and services; and | 3425 |
| information technology services. | 3426 |
| (3) Establish a system of certifying EDGE business | 3427 |
| enterprises based on a requirement that the business owner or | 3428 |
| owners show both social and economic disadvantage based on the | 3429 |
| following, as determined to be sufficient by the director: | 3430 |
| (a) Relative wealth of the business seeking certification as | 3431 |
| well as the personal wealth of the owner or owners of the | 3432 |
| business; | 3433 |
| (b) Social disadvantage based on any of the following: | 3434 |
| (i) A rebuttable presumption when the business owner or | 3435 |
| owners demonstrate membership in a racial minority group or show | 3436 |
| personal disadvantage due to color, ethnic origin, gender, | 3437 |
| physical disability, long-term residence in an environment | 3438 |
| isolated from the mainstream of American society, location in an | 3439 |
| area of high unemployment; | 3440 |
| (ii) Some other demonstration of personal disadvantage not | 3441 |
| common to other small businesses; | 3442 |
| (iii) By business location in a qualified census tract. | 3443 |
| (c) Economic disadvantage based on economic and business size | 3444 |
| thresholds and eligibility criteria designed to stimulate economic | 3445 |
| development through contract awards to businesses located in | 3446 |
| qualified census tracts. | 3447 |
| (4) Establish standards to determine when an EDGE business | 3448 |
| enterprise no longer qualifies for EDGE business enterprise | 3449 |
| certification; | 3450 |
| (5) Develop a process for evaluating and adjusting goals | 3451 |
| established by this section to determine what adjustments are | 3452 |
| necessary to achieve participation goals established by the | 3453 |
| director; | 3454 |
| (6) Establish a point system or comparable system to evaluate | 3455 |
| bid proposals to encourage EDGE business enterprises to | 3456 |
| participate in the procurement of professional design and | 3457 |
| information technology services; | 3458 |
| (7) Establish a system to track data and analyze each | 3459 |
| certification category established under division (B)(2)(b) of | 3460 |
| this section; | 3461 |
| (8) Establish a process to mediate complaints and to review | 3462 |
| EDGE business enterprise certification appeals; | 3463 |
| (9) Implement an outreach program to educate potential | 3464 |
| participants about the encouraging diversity, growth, and equity | 3465 |
| program; | 3466 |
| (10) Establish a system to assist state agencies in | 3467 |
| identifying and utilizing EDGE business enterprises in their | 3468 |
| contracting processes; | 3469 |
| (11) Implement a system of self-reporting by EDGE business | 3470 |
| enterprises as well as an on-site inspection process to validate | 3471 |
| the qualifications of an EDGE business enterprise; | 3472 |
| (12) Establish a waiver mechanism to waive program goals or | 3473 |
| participation requirements for those companies that, despite their | 3474 |
| best-documented efforts, are unable to contract with certified | 3475 |
| EDGE business enterprises; | 3476 |
| (13) Establish a process for monitoring overall program | 3477 |
| compliance in which equal employment opportunity officers | 3478 |
| primarily are responsible for monitoring their respective | 3479 |
| agencies; | 3480 |
| (14) Establish guidelines for state universities as defined | 3481 |
| in section 3345.011 of the Revised Code and the Ohio school | 3482 |
| facilities commission created in section 3318.30 of the Revised | 3483 |
| Code for awarding contracts pursuant to Chapters 153., 3318., and | 3484 |
| 3345. of the Revised Code to allow the universities and commission | 3485 |
| to establish agency procurement goals for contracting with EDGE | 3486 |
| business enterprises. | 3487 |
| (C) | 3488 |
| 3489 | |
| 3490 | |
| 3491 | |
| trade secrets submitted by encouraging diversity, growth, and | 3492 |
| equity program applicants to the director pursuant to this section | 3493 |
| are not public records for purposes of section 149.43 of the | 3494 |
| Revised Code, unless the director presents the financial | 3495 |
| information or trade secrets at a public hearing or public | 3496 |
| proceeding regarding the applicant's eligibility to participate in | 3497 |
| the program. | 3498 |
| Sec. 123.17. (A) As used in this section, "institution of | 3499 |
| higher education" means a state university or college, as defined | 3500 |
| in section 3345.12 of the Revised Code, or a state community | 3501 |
| college. | 3502 |
| (B) | 3503 |
| shall establish a local administration competency certification | 3504 |
| program to certify institutions of higher education to administer | 3505 |
| capital facilities projects pursuant to section 3345.51 of the | 3506 |
| Revised Code without the supervision, control, or approval of the | 3507 |
| department of administrative services. The program shall offer | 3508 |
| instruction in the administration of capital facilities projects | 3509 |
| for employees of institutions of higher education who are | 3510 |
| responsible for such administration and who are selected by their | 3511 |
| employing institutions to participate in the program. | 3512 |
| (C) The program shall provide instruction about the | 3513 |
| provisions of Chapters 9., 123., and 153. of the Revised Code and | 3514 |
| any rules or policies adopted by the department regarding the | 3515 |
| planning, design, and construction of capital facilities, | 3516 |
| including all of the following: | 3517 |
| (1) The planning, design, and construction process; | 3518 |
| (2) Contract requirements; | 3519 |
| (3) Construction management; | 3520 |
| (4) Project management. | 3521 |
| (D) The state architect shall award local administration | 3522 |
| competency certification to any institution of higher education if | 3523 |
| all of the following apply: | 3524 |
| (1) The institution applied for certification on a form and | 3525 |
| in a manner prescribed by the state architect. | 3526 |
| (2) The state architect determines that a sufficient number | 3527 |
| of the institution's employees, representing a sufficient number | 3528 |
| of employee classifications, responsible for the administration of | 3529 |
| capital facilities projects | 3530 |
| certification program to ensure that any capital facilities | 3531 |
| project undertaken by the institution will be administered | 3532 |
| successfully and in accordance with all provisions of the Revised | 3533 |
| Code, and the board of trustees of the institution provides | 3534 |
| written assurance to the state architect that the institution will | 3535 |
| select new employees to participate in the certification program | 3536 |
| as necessary to compensate for employee turnover. | 3537 |
| (3) The state architect determines that the employees of the | 3538 |
| institution enrolled in the program demonstrate successful | 3539 |
| completion of the competency certification training and a | 3540 |
| satisfactory level of knowledge of and competency in the | 3541 |
| requirements for administering capital facilities projects. | 3542 |
| (4) The institution pays the fee prescribed by division | 3543 |
| 3544 |
| (5) The board of trustees of the institution provides written | 3545 |
| assurance to the state architect that the institution will conduct | 3546 |
| biennial audits of the institution's administration of capital | 3547 |
| facilities projects in accordance with division (C) of section | 3548 |
| 3345.51 of the Revised Code. | 3549 |
| (6) The board of trustees of the institution agrees in | 3550 |
| writing to indemnify and hold harmless the state and the | 3551 |
| department for any claim of injury, loss, or damage that results | 3552 |
| from the institution's administration of a capital facilities | 3553 |
| project. | 3554 |
| (E) Local administration competency certification granted | 3555 |
| under this section shall remain in effect for as long as the state | 3556 |
| architect determines that both of the following apply: | 3557 |
| (1) The institution of higher education maintains a | 3558 |
| sufficient number of employees responsible for the administration | 3559 |
| of capital facilities projects who have successfully completed the | 3560 |
| certification program and have demonstrated a satisfactory level | 3561 |
| of knowledge of and competency in the requirements for | 3562 |
| administering capital facilities projects; | 3563 |
| (2) The institution is performing the biennial audits | 3564 |
| prescribed in division (C) of section 3345.51 of the Revised Code. | 3565 |
| If the state architect determines that an institution of | 3566 |
| higher education has failed to comply with the conditions of | 3567 |
| division (E)(1) or (2) of this section, the state architect shall | 3568 |
| revoke the institution's certification and shall notify the board | 3569 |
| of trustees of the institution in writing of the revocation. | 3570 |
| (F) The state architect shall establish, subject to the | 3572 |
| approval of the director of budget and management, the amount of | 3573 |
| the fee required to be paid by any institution of higher education | 3574 |
| that seeks certification under this section. The amount of the | 3575 |
| fees shall be set to cover the costs to implement this section, | 3576 |
| including the costs for materials and the competency certification | 3577 |
| training sessions. Any fees received under this section shall be | 3578 |
| paid into the state treasury to the credit of the state | 3579 |
| architect's fund established under section 123.10 of the Revised | 3580 |
| Code. | 3581 |
| | 3582 |
| that administers a capital facilities project under section | 3583 |
| 3345.51 of the Revised Code from requesting guidance or other | 3584 |
| services from the department of administrative services. | 3585 |
| Sec. 124.01. | 3586 |
| chapter, as used in | 3587 |
| (A) "Civil service" includes all offices and positions of | 3588 |
| trust or employment in the service of the state and in the service | 3589 |
| of the counties, cities, city health districts, general health | 3590 |
| districts, and city
school districts | 3591 |
| (B) "State service" includes all | 3592 |
| in the service of the state | 3593 |
| districts | 3594 |
| include offices and positions in the service of the cities, city | 3595 |
| health districts, and city school districts of the state. | 3596 |
| (C) "Classified service" means the competitive classified | 3597 |
| civil service of the state, the several counties, cities, city | 3598 |
| health districts, general health districts, and city school | 3599 |
| districts
| 3600 |
| (D) "Appointing authority" means the officer, commission, | 3601 |
| board, or body having the power of appointment to, or removal | 3602 |
| from, positions in any office, department, commission, board, or | 3603 |
| institution. | 3604 |
| (E) "Commission" means the municipal civil service commission | 3605 |
| of any city, except that, when in reference to the commission that | 3606 |
| serves a city school district, "commission" means the civil | 3607 |
| service commission determined under section 124.011 of the Revised | 3608 |
| Code. | 3609 |
| (F) "Employee" means any person holding a position subject to | 3610 |
| appointment, removal, promotion, or reduction by an appointing | 3611 |
| officer. | 3612 |
| (G) "Civil service township" means any township with a | 3613 |
| population of ten thousand or more persons residing within the | 3614 |
| township and outside any municipal corporation, which has a police | 3615 |
| or fire department of ten or more full-time paid
employees | 3616 |
| which has a civil service commission established under division | 3617 |
| (B) of section 124.40 of the Revised Code. | 3618 |
| (H) "Flexible hours employee" means an employee who may work | 3619 |
| more or less than eight hours on any given day so long as | 3620 |
| employee works forty hours in the same week. | 3621 |
| (I) "Classification series" means any group of classification | 3622 |
| titles that have the identical name but different numerical | 3623 |
| designations, or identical titles except for designated levels of | 3624 |
| supervision, except for those classification series established by | 3625 |
| the director of administrative services in accordance with | 3626 |
| division (A) of section 124.14 of the Revised Code. | 3627 |
| (J) "Classification change" means a change in an employee's | 3628 |
| classification in the job classification plan. | 3629 |
| (K) "Service of the state" or "civil service of the state" | 3630 |
| includes all offices and positions of trust or employment with the | 3631 |
| government of the state. "Service of the state" and "civil service | 3632 |
| of the state" do not include offices and positions of trust or | 3633 |
| employment with state-supported colleges and universities, | 3634 |
| counties, cities, city health districts, city school districts, | 3635 |
| general health districts, and civil service townships of the | 3636 |
| state. | 3637 |
| Sec. 124.02. The director of administrative services, with | 3638 |
| regard to offices and positions of trust or employment in the | 3639 |
| service of the state, and the state personnel board of review | 3640 |
| shall exercise all functions, powers, and duties that formerly | 3641 |
| were by law devolved upon, vested in, and imposed upon the state | 3642 |
| civil service
commission | 3643 |
| members of that commission, and | 3644 |
| representatives. | 3645 |
| Whenever in any law or rule of this state or any political | 3646 |
| subdivision, "state civil service commission," "commission," | 3647 |
| "commissioner," or "member," meaning the state civil service | 3648 |
| commission or the offices of commissioners or members
of | 3649 |
| commission, is used, | 3650 |
| referring to the department of administrative services, the | 3651 |
| director of administrative services, the state personnel board of | 3652 |
| review, or the members of the state personnel board of review, as | 3653 |
| this chapter may require. | 3654 |
| Sec. 124.04. In addition to those powers enumerated in | 3655 |
| Chapters 123. and 125. of the Revised Code and as provided | 3656 |
| elsewhere by law, the powers, duties, and functions of the | 3657 |
| department of administrative services not specifically vested in | 3658 |
| and assigned to, or to be performed by, the state personnel board | 3659 |
| of review are hereby vested in and assigned to, and shall be | 3660 |
| performed by, the director of administrative services. These | 3661 |
| powers, duties, and functions shall include, but shall not be | 3662 |
| limited to, the following powers, duties, and functions: | 3663 |
| (A) To prepare, conduct, and grade all competitive | 3664 |
|
examinations for positions in the classified | 3665 |
| of the state; | 3666 |
| (B) To prepare, conduct, and grade all noncompetitive | 3667 |
|
examinations for positions in the classified | 3668 |
| of the state; | 3669 |
| (C) To prepare eligible lists containing the names of persons | 3670 |
| qualified for appointment to positions in the classified
| 3671 |
| civil service of the state; | 3672 |
| (D) To prepare or amend, in accordance with section 124.14 of | 3673 |
| the Revised Code, specifications descriptive of duties, | 3674 |
| responsibilities, requirements, and desirable qualifications of | 3675 |
|
the various classifications of positions in the | 3676 |
| the state; | 3677 |
| (E) To allocate and reallocate, upon the motion of the | 3678 |
| director or upon request of an appointing authority and in | 3679 |
| accordance with section 124.14 of the Revised Code, any position, | 3680 |
|
office, or employment in the | 3681 |
| appropriate classification on the basis of the duties, | 3682 |
| responsibilities, requirements, and qualifications of that | 3683 |
| position, office, or employment; | 3684 |
| (F) To develop and conduct personnel recruitment services for | 3685 |
| positions in the | 3686 |
| (G) To conduct research on specifications, classifications, | 3687 |
|
and salaries of positions in the | 3688 |
| (H) To develop and conduct personnel training programs in | 3689 |
| cooperation with appointing authorities of positions in the | 3690 |
| service of the state; | 3691 |
| (I) To include periodically in communications sent to state | 3692 |
| employees both of the following: | 3693 |
| (1) Information developed under section 2108.15 of the | 3694 |
| Revised Code promoting the donation of anatomical gifts under | 3695 |
| Chapter 2108. of the Revised Code; | 3696 |
| (2) Information about the liver or kidney donor and bone | 3697 |
| marrow donor leave granted under section 124.139 of the Revised | 3698 |
| Code. | 3699 |
| (J) To enter into agreements with universities and colleges | 3700 |
|
for in-service training of personnel | 3701 |
| authorized by law; | 3702 |
| (K) To appoint examiners, inspectors, clerks, and other | 3703 |
| assistants necessary in the exercise of the powers and performance | 3704 |
| of the duties and functions which the director is by law | 3705 |
| authorized and required to exercise and perform, and to prescribe | 3706 |
| the duties of all of those employees; | 3707 |
| (L) To maintain a journal, which shall be open to public | 3708 |
| inspection, in which the director shall keep a record of the | 3709 |
| director's final decision pertaining to the classification or | 3710 |
|
reclassification of positions in the | 3711 |
| service of the state and assignment or reassignment of employees | 3712 |
| in the | 3713 |
| position classifications; | 3714 |
| (M) To delegate any of the powers, functions, or duties | 3715 |
| granted or assigned to the director under this chapter to any | 3716 |
| other state agency of this state as the director considers | 3717 |
|
necessary | 3718 |
| | 3719 |
| 3720 | |
| 3721 | |
| 3722 |
| Sec. 124.07. The director of administrative services shall | 3723 |
|
appoint | 3724 |
|
as | 3725 |
| Revised Code. The director may designate persons in or out of the | 3726 |
| 3727 | |
| under the director's direction. An examiner or assistant shall | 3728 |
|
receive | 3729 |
| spent in the discharge of duties as an examiner or assistant as is | 3730 |
| determined by the director; provided | 3731 |
|
examiner or assistant is in the | 3732 |
| 3733 | |
|
examiner's or assistant's official duties to render | 3734 |
| services in
connection with | 3735 |
| compensation. | 3736 |
| Each state agency and state-supported college and university | 3737 |
| shall pay the cost of the services and facilities furnished to it | 3738 |
| by the department of administrative services that are necessary to | 3739 |
| provide and maintain payroll services as prescribed in section | 3740 |
| 125.21 of the Revised Code and state merit standards as prescribed | 3741 |
| in sections 124.01 to 124.64 of the
Revised Code for the agency | 3742 |
| or state-supported college | 3743 |
| corporation chooses to use the services and facilities furnished | 3744 |
| by the department that are necessary to provide and maintain the | 3745 |
| standards so prescribed, the municipal corporation shall pay the | 3746 |
| cost of the services and facilities that the department furnishes | 3747 |
| to it. | 3748 |
| state-supported college or university, or municipal corporation | 3749 |
| shall be computed on a reasonable cost basis in accordance with | 3750 |
| procedures prescribed by the director of budget and management. | 3751 |
| Any moneys the department of administrative services receives from | 3752 |
| 3753 | |
| or municipal corporation which are in excess of the amount | 3754 |
| necessary to pay the cost of
furnishing | 3755 |
| facilities during any fiscal year shall be either refunded to or | 3756 |
| credited for the ensuing fiscal year to the state agency, | 3757 |
| state-supported college | 3758 |
| that contributed the excess moneys. | 3759 |
| The director of administrative services may enter into an | 3760 |
|
agreement with any municipal corporation | 3761 |
| 3762 | |
| of administrative services in the administration of its merit | 3763 |
|
program. | 3764 |
| shall be reimbursed
for the reasonable
costs of | 3765 |
| services and facilities as determined by the director. | 3766 |
| All moneys received by the department of administrative | 3767 |
| services as reimbursement for payroll and merit program services | 3768 |
| performed and facilities furnished shall be paid into the state | 3769 |
| treasury to the credit of the human resources services fund, which | 3770 |
| is hereby created. | 3771 |
| In counties of the state in which are located cities having | 3772 |
| municipal civil service commissions, the director may designate | 3773 |
| the municipal civil service commission of the largest city within | 3774 |
| 3775 | |
|
carrying out | 3776 |
| Revised Code,
within | 3777 |
| designates. Each municipal civil service commission designated as | 3778 |
| agent of the director shall, at the end of each month, render an | 3779 |
| itemized statement to
the director of the cost incurred by | 3780 |
| the commission for work done as agent of the director, and the | 3781 |
| director shall, after
approving | 3782 |
| amount of it to
the
treasurer of | 3783 |
| the same manner as other expenses of the department of | 3784 |
| administrative services. | 3785 |
| The director, examiners, inspectors, clerks, and assistants | 3786 |
| shall, in addition to their salaries, receive reimbursement for | 3787 |
| 3788 | |
| actual discharge of their official duties. The director may also | 3789 |
| incur the necessary expenses for stationery, printing, and other | 3790 |
| supplies incident to the business of the department of | 3791 |
| administrative services. | 3792 |
| Sec. 124.09. The director of administrative services shall | 3793 |
| do all of the following: | 3794 |
| (A) Prescribe, amend, and enforce administrative rules for | 3795 |
| the purpose of carrying out the functions, powers, and duties | 3796 |
| vested in and imposed upon the director by this chapter. Except in | 3797 |
| the case of rules adopted pursuant to section 124.14 of the | 3798 |
| Revised Code, the prescription, amendment, and enforcement of | 3799 |
| rules under this division are subject to approval, disapproval, or | 3800 |
| modification by the state personnel board of review. | 3801 |
| (B) Keep records of the director's proceedings and records of | 3802 |
| all applications for examinations and all examinations conducted | 3803 |
| by
the director. All | 3804 |
| and recommendations of former employers, shall be open to public | 3805 |
| inspection under reasonable regulations; provided the governor, or | 3806 |
| any person designated by the governor, may, for the purpose of | 3807 |
| investigation, have
free access to all | 3808 |
| whenever the governor has reason to believe that this chapter, or | 3809 |
| the administrative rules of the director prescribed
under | 3810 |
| 3811 |
| (C) Prepare, continue, and keep in the office of the | 3812 |
| department a complete roster of all persons in the classified | 3813 |
| civil
service | 3814 |
| the state. This roster shall be open to public inspection at all | 3815 |
| reasonable hours. It shall show in reference to each of those | 3816 |
| persons, the person's name, address, date of appointment to or | 3817 |
| employment in the classified civil service of the state, and | 3818 |
| salary or compensation, the title of the place or office that the | 3819 |
| person holds, the nature of the duties of that place or office, | 3820 |
| and, in case of the person's removal or resignation, the date of | 3821 |
| the termination of that service. | 3822 |
| (D) Approve the establishment of all new positions in the | 3823 |
| civil service of the state and the reestablishment of abolished | 3824 |
| positions. | 3825 |
| (E) Require the abolishment of any position in the civil | 3826 |
| service of the state that is not filled after a period of twelve | 3827 |
| months unless it is determined that the position is seasonal in | 3828 |
| nature or that the vacancy is otherwise justified. | 3829 |
| (F) Make investigations concerning all matters touching the | 3830 |
| enforcement and effect of this chapter and the administrative | 3831 |
| rules of the director prescribed under this chapter. In the course | 3832 |
| of | 3833 |
| deputy may administer oaths and affirmations and take testimony | 3834 |
| relative to any matter which the director has authority to | 3835 |
| investigate. | 3836 |
| (G) Have the power to subpoena and require the attendance and | 3837 |
| testimony of witnesses and the production of books, papers, public | 3838 |
| records, and other documentary evidence pertinent to the | 3839 |
| investigations, inquiries, or hearings on any matter which the | 3840 |
| director has authority to investigate, inquire into, or hear, and | 3841 |
| to examine them in relation to any matter which the director has | 3842 |
| authority to investigate, inquire into, or hear. Fees shall be | 3843 |
| allowed to
witnesses | 3844 |
| shall be paid
by the treasurer of state | 3845 |
| municipal or civil service township civil service commissions, by | 3846 |
| the county treasurer, for attendance and traveling, as is provided | 3847 |
| in section 2335.06 of the Revised Code for witnesses in courts of | 3848 |
|
record. | 3849 |
| All officers in the civil service of the state or in the | 3850 |
| civil service of any of
the political subdivisions | 3851 |
| state and their deputies, clerks, and employees shall attend and | 3852 |
| testify when summoned to do so by the director or the state | 3853 |
| personnel board of review. Depositions of witnesses may be taken | 3854 |
| by the director or the board, or any
member | 3855 |
| in the manner prescribed by law for like depositions in civil | 3856 |
| actions in the courts of common pleas. In case any person, in | 3857 |
| disobedience to any subpoena issued by the
director | 3858 |
| 3859 | |
| or refuses to attend and testify to any matter regarding which the | 3860 |
| person may be lawfully interrogated, or produce any documentary | 3861 |
| evidence pertinent to any investigation, inquiry, or hearing, the | 3862 |
| court of common pleas of any county, or any judge
| 3863 |
| court of common pleas of any county, where | 3864 |
| failure, or refusal occurs,
upon application of the director | 3865 |
| the board, | 3866 |
| civil service township civil service
commission, | 3867 |
| commissioner | 3868 |
| examiner, shall compel obedience by attachment proceedings for | 3869 |
| contempt as in the case of disobedience of the requirements of a | 3870 |
| subpoena
issued from | 3871 |
| 3872 |
| (H) Make a report to the governor, on or before the first day | 3873 |
| of January of each year, showing the director's actions, the rules | 3874 |
|
and all exceptions | 3875 |
| recommendations for the more effectual accomplishment of the | 3876 |
| purposes of this chapter. The director shall also furnish any | 3877 |
| special reports to the governor whenever the governor requests | 3878 |
|
them. | 3879 |
| under the same regulations as are the reports of other state | 3880 |
| officers, boards, or commissions. | 3881 |
| Sec. 124.11. The civil service of the state and the civil | 3882 |
| service of the several counties, cities, civil service townships, | 3883 |
| city health districts, general health districts, and city school | 3884 |
| districts
| 3885 |
| unclassified service and the classified service. | 3886 |
| (A) The unclassified service shall comprise the following | 3887 |
|
positions, which shall not be included in the classified service | 3888 |
| and which shall be exempt from all examinations required by this | 3889 |
| chapter: | 3890 |
| (1) All officers elected by popular vote or persons appointed | 3891 |
| to fill vacancies in | 3892 |
| (2) All election officers as defined in section 3501.01 of | 3893 |
| the Revised Code; | 3894 |
| (3) The members of all boards and commissions, and heads of | 3895 |
| principal departments, boards, and commissions appointed by the | 3896 |
| governor or by and with the governor's consent; and the members of | 3897 |
| all boards and commissions and all heads of departments appointed | 3898 |
| by the mayor, or, if there is no mayor, such other similar chief | 3899 |
|
appointing authority of any city or city school district | 3900 |
| Except as otherwise provided in division (A)(17) or (C) of this | 3901 |
| section, this chapter does not exempt the chiefs of police | 3902 |
| departments and chiefs of fire departments of cities or civil | 3903 |
| service townships
from the competitive classified service | 3904 |
| (4) The members of county or district licensing boards or | 3905 |
| commissions and boards of revision, and deputy county auditors; | 3906 |
| (5) All officers and employees elected or appointed by either | 3907 |
| or both branches of the general assembly, and | 3908 |
| the city legislative authority | 3909 |
| duties; | 3910 |
| (6) All commissioned, warrant, and noncommissioned officers | 3911 |
| and enlisted persons in the Ohio organized militia, including | 3912 |
| military appointees in the adjutant general's department; | 3913 |
| (7)(a) All presidents, business managers, administrative | 3914 |
| officers, superintendents, assistant superintendents, principals, | 3915 |
| deans, assistant deans, instructors, teachers, and such employees | 3916 |
| as are engaged in educational or research duties connected with | 3917 |
| the public school system, colleges, and universities, as | 3918 |
| determined by the governing body of the public school system, | 3919 |
| colleges, and universities; | 3920 |
| (b) The library staff of any library in the state supported | 3921 |
| wholly or in part at public expense. | 3922 |
| (8) Four clerical and administrative support employees for | 3923 |
| each of the elective state officers; and three clerical and | 3924 |
| administrative support employees for other elective officers and | 3925 |
| each of the principal appointive executive officers, boards, or | 3926 |
| commissions, except for civil service commissions, that are | 3927 |
| authorized to appoint such clerical and administrative support | 3928 |
| employees; | 3929 |
| (9) The deputies and assistants of state agencies authorized | 3930 |
| to act for and on behalf of the agency, or holding a fiduciary or | 3931 |
| administrative relation to that agency and those persons employed | 3932 |
| by and directly responsible to elected county officials or a | 3933 |
| county administrator and holding a fiduciary or administrative | 3934 |
| relationship to such elected county officials or county | 3935 |
| administrator, and the employees of such county officials whose | 3936 |
| fitness would be impracticable to determine by competitive | 3937 |
| examination, provided that division (A)(9) of this section shall | 3938 |
| not affect those persons in county employment in the classified | 3939 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 3940 |
| this section applies to any position in a county department of job | 3941 |
| and family services created pursuant to Chapter 329. of the | 3942 |
| Revised Code. | 3943 |
| (10) Bailiffs, constables, official stenographers, and | 3944 |
| commissioners of courts of record, deputies of clerks of the | 3945 |
| courts of common pleas who supervise, or who handle public moneys | 3946 |
| or secured documents, and such officers and employees of courts of | 3947 |
| record and such deputies of clerks of the courts of common pleas | 3948 |
| as the director of administrative services finds it impracticable | 3949 |
| to determine their fitness by competitive examination; | 3950 |
| (11) Assistants to the attorney general, special counsel | 3951 |
| appointed or employed by the attorney general, assistants to | 3952 |
| county prosecuting attorneys, and assistants to city directors of | 3953 |
| law; | 3954 |
| (12) Such teachers and employees in the agricultural | 3955 |
| experiment stations; such students in normal schools, colleges, | 3956 |
| and universities of the state who are employed by the state or a | 3957 |
| political subdivision of the state in student or intern | 3958 |
| classifications; and such unskilled labor positions as the | 3959 |
| director of administrative services or any municipal civil service | 3960 |
| commission may find it impracticable to include in the competitive | 3961 |
| classified service; provided such exemptions shall be by order of | 3962 |
| the commission or the director, duly entered on the record of the | 3963 |
| commission or the director with the reasons for each such | 3964 |
| exemption; | 3965 |
| (13) Any physician or dentist who is a full-time employee of | 3966 |
| the department of mental health or the department of mental | 3967 |
| retardation and developmental disabilities or of an institution | 3968 |
| under the jurisdiction of either department; and physicians who | 3969 |
| are in residency programs at the institutions; | 3970 |
| (14) Up to twenty positions at each institution under the | 3971 |
| jurisdiction of the department of mental health or the department | 3972 |
| of mental retardation and developmental disabilities that the | 3973 |
| department director determines to be primarily administrative or | 3974 |
| managerial; and up to fifteen positions in any division of either | 3975 |
| department, excluding administrative assistants to the director | 3976 |
| and division chiefs, which are within the immediate staff of a | 3977 |
| division chief and which the director determines to be primarily | 3978 |
| and distinctively administrative and managerial; | 3979 |
| (15) Noncitizens of the United States employed by the state, | 3980 |
| or its counties or cities, as physicians or nurses who are duly | 3981 |
| licensed to practice their respective professions under the laws | 3982 |
| of | 3983 |
| disease hospitals, or institutions; | 3984 |
| (16) Employees of the governor's office; | 3985 |
| (17) Fire chiefs and chiefs of police in civil service | 3986 |
| townships appointed by boards of township trustees under section | 3987 |
| 505.38 or 505.49 of the Revised Code; | 3988 |
| (18) Executive directors, deputy directors, and program | 3989 |
| directors employed by boards of alcohol, drug addiction, and | 3990 |
| mental health services under Chapter 340. of the Revised Code, and | 3991 |
| secretaries of the executive directors, deputy directors, and | 3992 |
| program directors; | 3993 |
| (19) Superintendents, and management employees as defined in | 3994 |
| section 5126.20 of the Revised Code, of county boards of mental | 3995 |
| retardation and developmental disabilities; | 3996 |
| (20) Physicians, nurses, and other employees of a county | 3997 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 3998 |
| of the Revised Code; | 3999 |
| (21) The executive director of the state medical board, who | 4000 |
| is appointed pursuant to division (B) of section 4731.05 of the | 4001 |
| Revised Code; | 4002 |
| (22) County directors of job and family services as provided | 4003 |
| in section 329.02 of the Revised Code and administrators appointed | 4004 |
| under section 329.021 of the Revised Code; | 4005 |
| (23) A director of economic development who is hired pursuant | 4006 |
| to division (A) of section 307.07 of the Revised Code; | 4007 |
| (24) Chiefs of construction and compliance, of operations and | 4008 |
| maintenance, and of licensing and certification in the division of | 4009 |
| industrial compliance in the department of commerce; | 4010 |
| (25) The executive director of a county transit system | 4011 |
| appointed under division (A) of section 306.04 of the Revised | 4012 |
| Code; | 4013 |
| (26) Up to five positions at each of the administrative | 4014 |
| departments listed in section 121.02 of the Revised Code and at | 4015 |
| the department of taxation, department of the adjutant general, | 4016 |
| department of education, Ohio board of regents, bureau of workers' | 4017 |
| compensation, industrial commission, state lottery commission, and | 4018 |
| public utilities commission of Ohio that the head of that | 4019 |
| administrative department or of that other state agency determines | 4020 |
| to be involved in policy development and implementation. The head | 4021 |
| of the administrative department or other state agency shall set | 4022 |
| the compensation for employees in these positions at a rate that | 4023 |
| is not less than the minimum compensation specified in pay range | 4024 |
| 41 but not more than the maximum compensation specified in pay | 4025 |
| range 44 of salary schedule E-2 in section 124.152 of the Revised | 4026 |
| Code. The authority to establish positions in the unclassified | 4027 |
| service under division (A)(26) of this section is in addition to | 4028 |
| and does not limit any other authority that an administrative | 4029 |
| department or state agency has under the Revised Code to establish | 4030 |
| positions, appoint employees, or set compensation. | 4031 |
| (27) Employees of the department of agriculture employed | 4032 |
| under section 901.09 of the Revised Code; | 4033 |
| (28) For cities, counties, civil service townships, city | 4034 |
| health districts, general health districts, and city school | 4035 |
| districts, the deputies and assistants of elective or principal | 4036 |
| executive officers authorized to act for and in the place of their | 4037 |
| principals or holding a fiduciary relation to their principals; | 4038 |
| (29) Employees who receive external interim, intermittent, or | 4039 |
| temporary appointments under division (B) of section 124.30 of the | 4040 |
| Revised Code; | 4041 |
| (30) Employees appointed to administrative staff positions | 4042 |
| for which an appointing authority is given specific statutory | 4043 |
| authority to set compensation; | 4044 |
| (31) Employees appointed to highway patrol cadet or highway | 4045 |
| patrol cadet candidate classifications. | 4046 |
| (B) The classified service shall comprise all persons in the | 4047 |
| employ of the state and the several counties, cities, city health | 4048 |
| districts, general health districts, and city school districts | 4049 |
| 4050 | |
| unclassified service. Upon the creation by the board of trustees | 4051 |
| of a civil service township civil service commission, the | 4052 |
| classified service shall also comprise, except as otherwise | 4053 |
| provided in division (A)(17) or (C) of this section, all persons | 4054 |
| in the employ of a civil service township police or fire | 4055 |
| 4056 | |
| employees. The classified service consists of two classes, which | 4057 |
| shall be designated as the competitive class and the unskilled | 4058 |
| labor class. | 4059 |
| (1) The competitive class shall include all positions and | 4060 |
| employments in the state and the counties, cities, city health | 4061 |
| districts, general health districts, and city school districts | 4062 |
| 4063 | |
| trustees of a civil service township of a township civil service | 4064 |
| commission, all positions in a civil service township police or | 4065 |
| fire | 4066 |
| employees, for which it is practicable to determine the merit and | 4067 |
| fitness of applicants by competitive examinations. Appointments | 4068 |
| shall be made to, or employment shall be given in, all positions | 4069 |
| in the competitive class that are not filled by promotion, | 4070 |
| reinstatement, transfer, or reduction, as provided in this | 4071 |
| chapter, and the rules of the director of administrative services, | 4072 |
| by appointment from those certified to the appointing officer in | 4073 |
| accordance with this chapter. | 4074 |
| (2) The unskilled labor class shall include ordinary | 4075 |
| unskilled laborers. Vacancies in the labor class shall be filled | 4076 |
| by appointment from lists of applicants registered by the director | 4077 |
| or a commission, as applicable. The director or the commission, by | 4078 |
| rule, shall require an applicant for registration in the labor | 4079 |
| class to furnish | 4080 |
| or commission considers proper with respect to age, residence, | 4081 |
| physical condition, ability to labor, honesty, sobriety, industry, | 4082 |
| capacity, and experience in the work or employment for which | 4083 |
| application is made. Laborers who fulfill the requirements shall | 4084 |
| be placed on the eligible list for the kind of labor or employment | 4085 |
| sought, and preference shall be given in employment in accordance | 4086 |
| with the rating received from | 4087 |
| tests. Upon the request of an appointing officer, stating the kind | 4088 |
| of labor needed, the pay and probable length of employment, and | 4089 |
| the number to be employed, the director or commission shall | 4090 |
| certify from the highest on the list double the number to be | 4091 |
| employed; from this number, the appointing officer shall appoint | 4092 |
| the number actually needed for the particular work. If more than | 4093 |
| one applicant receives the same rating, priority in time of | 4094 |
| application shall determine the order in which their names shall | 4095 |
| be certified for appointment. | 4096 |
| (C) A municipal or civil service township civil service | 4097 |
| commission may place volunteer firefighters who are paid on a | 4098 |
| fee-for-service basis in either the classified or the unclassified | 4099 |
| civil service. | 4100 |
| (D) This division does not apply to persons in the | 4101 |
| unclassified service who have the right to resume positions in the | 4102 |
| classified service under sections 4121.121, 5119.071, 5120.07, | 4103 |
| 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the | 4104 |
| Revised Code. | 4105 |
| An appointing authority whose employees are paid directly by | 4106 |
| warrant of the auditor of state may appoint a person who holds a | 4107 |
| certified position in the classified service within the appointing | 4108 |
| authority's agency to a position in the unclassified service | 4109 |
| within that agency. A person appointed pursuant to this division | 4110 |
| to a position in the unclassified service shall retain the right | 4111 |
| to resume the position and status held by the person in the | 4112 |
| classified service immediately prior to the person's appointment | 4113 |
| to the position in the unclassified service, regardless of the | 4114 |
| number of positions the person held in the unclassified service. | 4115 |
| Reinstatement to a position in the classified service shall be to | 4116 |
| a position substantially equal to that position in the classified | 4117 |
| service | 4118 |
| 4119 | |
| previously held in the classified service has been placed in the | 4120 |
| unclassified service or is otherwise unavailable, the person shall | 4121 |
| be appointed to a position in the classified service within the | 4122 |
| appointing authority's agency
that | 4123 |
| 4124 | |
| the position the person previously held in the classified service. | 4125 |
| Service in the position in the unclassified service shall be | 4126 |
| counted as service in the position in the classified service held | 4127 |
| by the person immediately prior to the person's appointment to the | 4128 |
| position in the unclassified service. When a person is reinstated | 4129 |
| to a position in the classified service as provided in this | 4130 |
| division, the person is entitled to all rights, status, and | 4131 |
| benefits accruing to the position in the classified service during | 4132 |
| the person's time of service in the position in the unclassified | 4133 |
| service. | 4134 |
| Sec. 124.133. The director of administrative services may | 4135 |
| establish, by rule adopted under Chapter 119. of the Revised Code, | 4136 |
| an experimental program to be implemented on a limited basis only | 4137 |
| which grants to employees in the service of the state vacation | 4138 |
| leave, sick leave, disability leave, personal leave, life | 4139 |
| insurance, or medical insurance benefits that differ from these | 4140 |
| benefits as granted by sections 124.13, 124.134, 124.382, 124.385, | 4141 |
| 124.386, 124.81, and 124.82 of the Revised Code. However, this | 4142 |
| program shall not reduce the number of hours of vacation leave, | 4143 |
| sick leave, or personal leave which an employee has accrued as of | 4144 |
| the effective date of the rule. | 4145 |
| Sec. 124.14. (A)(1) The director of administrative services | 4146 |
| shall establish, and may modify or repeal, by rule, a job | 4147 |
|
classification plan for all | 4148 |
| 4149 | |
| the civil service of the state. The director shall group jobs | 4150 |
| within a classification so that the positions are similar enough | 4151 |
| in duties and responsibilities to be described by the same title, | 4152 |
| to have the same pay assigned with equity, and to have the same | 4153 |
| qualifications for selection applied. The director shall, by rule, | 4154 |
| assign a classification title to each classification within the | 4155 |
| classification plan. However, the director shall consider in | 4156 |
| establishing classifications, including classifications with | 4157 |
| parenthetical titles, and assigning pay ranges such factors as | 4158 |
| duties performed only on one shift, special skills in short supply | 4159 |
| in the labor market, recruitment problems, separation rates, | 4160 |
| comparative salary rates, the amount of training required, and | 4161 |
| other conditions affecting employment. The director shall describe | 4162 |
| the
duties and responsibilities of | 4163 |
| classification, establish the qualifications for being employed in | 4164 |
| 4165 | |
| secretary of state a copy of specifications for all of the | 4166 |
| classifications. The director shall file new, additional, or | 4167 |
| revised specifications with the secretary of state before
| 4168 |
| they are used. | 4169 |
| The director shall, by rule, assign each classification, | 4170 |
| either on a statewide basis or in particular counties or state | 4171 |
| institutions, to a pay range established under section 124.15 or | 4172 |
| section 124.152 of the Revised Code. The director may assign a | 4173 |
| classification to a pay range on a temporary basis for a period of | 4174 |
| time designated in the rule. The director may establish, by rule | 4175 |
| adopted under Chapter 119. of the Revised Code, experimental | 4176 |
| classification plans for some or all employees | 4177 |
| 4178 | |
| include
specifications for each classification within | 4179 |
| plan and shall specifically address compensation ranges, and | 4180 |
| methods for advancing within the ranges, for the classifications, | 4181 |
| which may be assigned to pay ranges other than the pay ranges | 4182 |
| established under section 124.15 or 124.152 of the Revised Code. | 4183 |
| (2) The director may reassign to a proper classification | 4184 |
| those positions that have been assigned to an improper | 4185 |
| classification. If the compensation of an employee in such a | 4186 |
| reassigned position exceeds the maximum rate of pay for the | 4187 |
| employee's new classification, the employee shall be placed in pay | 4188 |
| step X and shall not receive an increase in compensation until the | 4189 |
| maximum rate of pay for that classification exceeds the employee's | 4190 |
| compensation. | 4191 |
| (3) The director may reassign an exempt employee, as defined | 4192 |
| in section 124.152 of the Revised Code, to a bargaining unit | 4193 |
| classification if the director determines that the bargaining unit | 4194 |
| classification is the proper classification for that employee. | 4195 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 4196 |
|
and contracts negotiated under it, | 4197 |
| the director's discretion. | 4198 |
| (4) The director shall, by rule, assign related | 4199 |
| classifications, which form a career progression, to a | 4200 |
| classification series. The director shall, by rule, assign each | 4201 |
| classification in the classification plan a five-digit number, the | 4202 |
| first four digits of which shall denote the classification series | 4203 |
| to which the classification is assigned. When a career progression | 4204 |
| encompasses more than ten classifications, the director shall, by | 4205 |
| rule, identify the additional classifications belonging to a | 4206 |
| classification series. | 4207 |
| be part of the classification series, notwithstanding the fact | 4208 |
| that the first four digits of the number assigned to the | 4209 |
| additional classifications do not correspond to the first four | 4210 |
| digits of the numbers assigned to other classifications in the | 4211 |
| classification series. | 4212 |
| | 4213 |
| 4214 | |
| 4215 | |
| 4216 | |
| 4217 | |
| 4218 | |
| 4219 | |
| 4220 | |
| 4221 | |
| 4222 |
| (B) Division (A) of this section and sections 124.15 and | 4223 |
| 124.152 of the Revised Code do not apply to the following persons, | 4224 |
| positions, offices, and employments: | 4225 |
| (1) Elected officials; | 4226 |
| (2) Legislative employees, employees of the legislative | 4227 |
| service commission, employees in the office of the governor, | 4228 |
| employees who are in the unclassified civil service and exempt | 4229 |
| from collective bargaining coverage in the office of the secretary | 4230 |
| of state, auditor of state, treasurer of state, and attorney | 4231 |
| general, and employees of the supreme court; | 4232 |
| (3) Employees of a county children services board that | 4233 |
| establishes compensation rates under section 5153.12 of the | 4234 |
| Revised Code; | 4235 |
| (4) Any position for which the authority to determine | 4236 |
| compensation is given by law to another individual or entity; | 4237 |
| (5) Employees of the bureau of workers' compensation whose | 4238 |
| compensation the administrator of workers' compensation | 4239 |
| establishes under division (B) of section 4121.121 of the Revised | 4240 |
| Code. | 4241 |
| (C) The director of administrative services may employ a | 4242 |
| consulting agency to aid and assist the director in carrying out | 4243 |
| this section. | 4244 |
| (D)(1) When the director of administrative services proposes | 4245 |
| to modify a classification or the assignment of classes to | 4246 |
| appropriate pay ranges, the director shall send written notice of | 4247 |
| the proposed rule to the appointing authorities of the affected | 4248 |
| employees thirty days before the hearing on the proposed rule. The | 4249 |
| appointing authorities shall notify the affected employees | 4250 |
| regarding the proposed rule. The
director shall also
send | 4251 |
| those appointing authorities notice of any final rule | 4252 |
| is adopted within ten days after adoption. | 4253 |
| (2) When the director proposes to reclassify any employee so | 4254 |
| that the employee is adversely affected, the director shall give | 4255 |
| to the employee affected and to the employee's appointing | 4256 |
| authority a written notice setting forth the proposed new | 4257 |
| classification, pay range, and salary. Upon the request of any | 4258 |
| classified employee who is not serving in a probationary period, | 4259 |
| the director shall perform a job audit to review the | 4260 |
| classification of the employee's position to determine whether the | 4261 |
| position is properly classified. The director shall give to the | 4262 |
| employee affected and to the employee's appointing authority a | 4263 |
| written notice of the director's determination whether or not to | 4264 |
| reclassify the position or to reassign the employee to another | 4265 |
| classification. An employee or appointing authority desiring a | 4266 |
| hearing shall file a written request for the hearing with the | 4267 |
| state personnel board of review within thirty days after receiving | 4268 |
| the notice. The board shall set the matter for a hearing and | 4269 |
| notify the employee and appointing authority of the time and place | 4270 |
| of the hearing. The employee, the appointing authority, or any | 4271 |
| authorized representative of the employee who wishes to submit | 4272 |
| facts for the consideration of the board shall be afforded | 4273 |
| reasonable opportunity to do so. After the hearing, the board | 4274 |
| shall consider anew the reclassification and may order the | 4275 |
| reclassification of the employee and require the director to | 4276 |
|
assign the employee to | 4277 |
| facts and evidence warrant. As provided in division (A) of section | 4278 |
| 124.03 of the Revised Code, the board may determine the most | 4279 |
| appropriate classification for the position of any employee coming | 4280 |
| before the board, with or without a job audit. The board shall | 4281 |
| disallow any reclassification or reassignment classification of | 4282 |
| any employee when it finds that changes have been made in the | 4283 |
| duties and responsibilities of any particular employee for | 4284 |
| political, religious, or other unjust reasons. | 4285 |
| (E)(1) Employees of each county department of job and family | 4286 |
| services shall be paid a salary or wage established by the board | 4287 |
| of county commissioners. The provisions of section 124.18 of the | 4288 |
| Revised Code concerning the standard work week apply to employees | 4289 |
| of county departments of job and family services. A board of | 4290 |
| county commissioners may do either of the following: | 4291 |
| (a) Notwithstanding any other section of the Revised Code, | 4292 |
| supplement the sick leave, vacation leave, personal leave, and | 4293 |
| other benefits of any employee of the county department of job and | 4294 |
| family services of that county, if the employee is eligible for | 4295 |
| the supplement under a written policy providing for the | 4296 |
| supplement; | 4297 |
| (b) Notwithstanding any other section of the Revised Code, | 4298 |
| establish alternative schedules of sick leave, vacation leave, | 4299 |
| personal leave, or other benefits for employees not inconsistent | 4300 |
| with the provisions of a collective bargaining agreement covering | 4301 |
| the affected employees. | 4302 |
| (2) | 4303 |
| section | 4304 |
| employment relations board establishes appropriate bargaining | 4305 |
| units pursuant to section 4117.06 of the Revised Code, except in | 4306 |
| either of the following situations: | 4307 |
| (a) The employees for whom the state employment relations | 4308 |
| board establishes appropriate bargaining units elect no | 4309 |
| representative in a board-conducted representation election. | 4310 |
| (b) After the state employment relations board establishes | 4311 |
| appropriate bargaining units for such employees, all employee | 4312 |
| organizations withdraw from a representation election. | 4313 |
| (F) With respect to officers and employees of state-supported | 4314 |
| colleges and universities and except for the powers and duties of | 4315 |
| the state personnel board of review set forth in section 124.03 of | 4316 |
| the Revised Code, the powers, duties, and functions of the | 4317 |
| department of administrative services and of the director of | 4318 |
| administrative services concerning offices and positions in the | 4319 |
| service of the state specified in this chapter are hereby vested | 4320 |
| in and assigned to the boards of trustees of those colleges and | 4321 |
| universities, or those officers to whom the boards | 4322 |
|
have delegated | 4323 |
| to a periodic audit and review by the director. In exercising the | 4324 |
| powers, duties, and functions | 4325 |
| 4326 | |
| functions were delegated need not establish a job classification | 4327 |
| plan for unclassified employees and may proceed under section | 4328 |
| 111.15 of the Revised Code when
exercising | 4329 |
| rule-making authority. The adoption, amendment, rescission, and | 4330 |
| enforcement of rules under this division is not subject to | 4331 |
| approval, disapproval, or modification by the state personnel | 4332 |
| board of review. Nothing in this division shall be construed to | 4333 |
| limit the right of any classified employee who possesses the right | 4334 |
| of appeal to the state personnel board of review to continue to | 4335 |
| possess that right of appeal. | 4336 |
| Upon the director's determination or finding of the misuse by | 4337 |
| the board | 4338 |
| state-supported college or university of the authority granted | 4339 |
| under this division, the director shall order and direct the | 4340 |
| personnel functions of that state-supported college or university | 4341 |
| until sections 124.01 to 124.64 of the Revised Code have been | 4342 |
| fully complied with. | 4343 |
| (G)(1) With respect to officers and employees of counties and | 4344 |
| except for the powers and duties of the state personnel board of | 4345 |
| review set forth in section 124.03 of the Revised Code, the | 4346 |
| powers, duties, and functions of the department of administrative | 4347 |
| services and of the director of administrative services concerning | 4348 |
| offices and positions in the service of the state specified in | 4349 |
| this chapter are hereby vested in and assigned to the boards of | 4350 |
| county commissioners or those officers to whom the boards have | 4351 |
| delegated those powers, duties, and functions. Nothing in division | 4352 |
| (G)(1) of this section shall be construed to limit the right of | 4353 |
| any classified employee who possesses the right to appeal to the | 4354 |
| state personnel board of review to continue to possess that right | 4355 |
| of appeal. | 4356 |
| (2) Each board of county commissioners may, by a resolution | 4357 |
| adopted by a majority of its members, establish a county personnel | 4358 |
| department to exercise the powers, duties, and functions specified | 4359 |
| in division (G) of this section. As used in division (G) of this | 4360 |
| section, "county personnel department" means a county personnel | 4361 |
| department established by a board of county commissioners under | 4362 |
| division (G) | 4363 |
| | 4364 |
| resolution adopted by a majority of its members, designate the | 4365 |
| county personnel department of the county to exercise the powers, | 4366 |
|
duties, and functions | 4367 |
| 4368 | |
| 4369 | |
| of the Revised Code, except for the powers and duties of the state | 4370 |
| personnel board of review, which powers and duties shall not be | 4371 |
| construed as having been modified or diminished in any manner by | 4372 |
| division (G) | 4373 |
| employees for whom the board of county commissioners is the | 4374 |
| appointing authority or co-appointing
authority. | 4375 |
| 4376 | |
| 4377 | |
| 4378 | |
| 4379 | |
| 4380 | |
| 4381 | |
| 4382 | |
| 4383 | |
| 4384 | |
| 4385 | |
| 4386 | |
| 4387 | |
| 4388 | |
| 4389 | |
| 4390 |
| Any board of county commissioners that has established a | 4391 |
|
county personnel department may contract with | 4392 |
| 4393 | |
| appropriate public or private entity to provide competitive | 4394 |
| testing services or other appropriate services. | 4395 |
| | 4396 |
|
assumed the powers, duties, and functions | 4397 |
| 4398 | |
| in division
(G) | 4399 |
| board, agency, or other appointing authority of that county may, | 4400 |
| upon notification
to the | 4401 |
| services and facilities of the
| 4402 |
| receipt of the | 4403 |
| the | 4404 |
| and functions | 4405 |
| 4406 | |
| section with respect to the employees of that elected official, | 4407 |
| board, agency, or other appointing authority.
| 4408 |
| 4409 | |
| 4410 | |
| 4411 | |
| 4412 | |
| 4413 | |
| 4414 | |
| 4415 | |
| 4416 | |
| 4417 | |
| 4418 | |
| 4419 |
| | 4420 |
| established a county personnel department may, by a resolution | 4421 |
| adopted by a majority of its members, disband the county personnel | 4422 |
| department | 4423 |
| 4424 | |
| 4425 | |
| 4426 | |
| 4427 | |
| 4428 | |
| 4429 | |
| 4430 | |
| 4431 |
| | 4432 |
|
authority of a county may | 4433 |
| 4434 | |
| 4435 | |
| 4436 | |
| 4437 | |
| 4438 | |
| 4439 | |
| 4440 | |
| 4441 | |
| 4442 | |
| 4443 | |
| and facilities of the county personnel department upon | 4444 |
| notification to the department. | 4445 |
| | 4446 |
| 4447 | |
| 4448 | |
| 4449 | |
| 4450 | |
| 4451 | |
| 4452 | |
| 4453 |
| | 4454 |
| 4455 | |
| 4456 | |
| 4457 |
| | 4458 |
| 4459 | |
| 4460 | |
| 4461 | |
| 4462 | |
| 4463 | |
| 4464 | |
| 4465 | |
| 4466 | |
| 4467 | |
| 4468 |
| | 4469 |
| 4470 | |
| 4471 | |
| 4472 |
| | 4473 |
| 4474 | |
| 4475 | |
| 4476 | |
| 4477 | |
| 4478 | |
| 4479 |
| | 4480 |
| 4481 | |
| 4482 | |
| 4483 | |
| 4484 | |
| 4485 | |
| 4486 |
| (H) With respect to officers and employees of general health | 4487 |
| districts, and except for the powers and duties of the state | 4488 |
| personnel board of review set forth in section 124.03 of the | 4489 |
| Revised Code, the powers, duties, and functions of the department | 4490 |
| of administrative services and of the director of administrative | 4491 |
| services concerning offices and positions in the service of the | 4492 |
| state specified in this chapter are hereby vested in and assigned | 4493 |
| to the boards of health of the general health districts or those | 4494 |
| officers to whom the boards have delegated those powers, duties, | 4495 |
| and functions. Nothing in this division shall be construed to | 4496 |
| limit the right of any classified employee who possesses the right | 4497 |
| to appeal to the state personnel board of review to continue to | 4498 |
| possess that right of appeal. | 4499 |
| (I) The director of administrative services shall establish | 4500 |
| the rate and method of
compensation for all employees who are | 4501 |
| 4502 | |
| who are serving in positions | 4503 |
| determined impracticable to include in the state job | 4504 |
| classification plan. This division does not apply to elected | 4505 |
| officials, legislative employees, employees of the legislative | 4506 |
| service commission, employees who are in the unclassified civil | 4507 |
| service and exempt from collective bargaining coverage in the | 4508 |
| office of the secretary of state, auditor of state, treasurer of | 4509 |
| state, and attorney general, employees of the courts, employees of | 4510 |
| the bureau of workers' compensation whose compensation the | 4511 |
| administrator of workers' compensation establishes under division | 4512 |
| (B) of section 4121.121 of the Revised Code, or employees of an | 4513 |
| appointing authority authorized by law to fix the compensation of | 4514 |
| those employees. | 4515 |
| | 4516 |
| rate of compensation for all intermittent, interim, seasonal, | 4517 |
| temporary, emergency, and casual employees who are in the service | 4518 |
| of the state and who are not considered public employees under | 4519 |
| section
4117.01 of the Revised
Code. | 4520 |
| entitled to receive employee benefits. This rate of compensation | 4521 |
| shall be equitable in terms of the rate of employees serving in | 4522 |
| the same or similar classifications. This division does not apply | 4523 |
| to elected officials, legislative employees, employees of the | 4524 |
| legislative service commission, employees who are in the | 4525 |
| unclassified civil service and exempt from collective bargaining | 4526 |
| coverage in the office of the secretary of state, auditor of | 4527 |
| state, treasurer of state, and attorney general, employees of the | 4528 |
| courts, employees of the bureau of workers' compensation whose | 4529 |
| compensation the administrator establishes under division (B) of | 4530 |
| section 4121.121 of the Revised Code, or employees of an | 4531 |
| appointing authority authorized by law to fix the compensation of | 4532 |
| those employees. | 4533 |
| Sec. 124.15. (A) Board and commission members appointed | 4534 |
| prior to July 1, 1991, shall be paid a salary or wage in | 4535 |
| accordance with the following schedules of rates: | 4536 |
| Schedule B | 4537 |
| 4538 |
| Range | Step 1 | Step 2 | Step 3 | Step 4 | 4539 | ||
| 23 | Hourly | 5.72 | 5.91 | 6.10 | 6.31 | 4540 | |
| Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 | 4541 | ||
| Step 5 | Step 6 | 4542 | |||||
| Hourly | 6.52 | 6.75 | 4543 | ||||
| Annually | 13561.60 | 14040.00 | 4544 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 4545 | |||
| 24 | Hourly | 6.00 | 6.20 | 6.41 | 6.63 | 4546 | |
| Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 | 4547 | ||
| Step 5 | Step 6 | 4548 | |||||
| Hourly | 6.87 | 7.10 | 4549 | ||||
| Annually | 14289.60 | 14768.00 | 4550 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 4551 | |||
| 25 | Hourly | 6.31 | 6.52 | 6.75 | 6.99 | 4552 | |
| Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 | 4553 | ||
| Step 5 | Step 6 | 4554 | |||||
| Hourly | 7.23 | 7.41 | 4555 | ||||
| Annually | 15038.40 | 15412.80 | 4556 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 4557 | |||
| 26 | Hourly | 6.63 | 6.87 | 7.10 | 7.32 | 4558 | |
| Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 | 4559 | ||
| Step 5 | Step 6 | 4560 | |||||
| Hourly | 7.53 | 7.77 | 4561 | ||||
| Annually | 15662.40 | 16161.60 | 4562 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 4563 | |||
| 27 | Hourly | 6.99 | 7.23 | 7.41 | 7.64 | 4564 | |
| Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 | 4565 | ||
| Step 5 | Step 6 | Step 7 | 4566 | ||||
| Hourly | 7.88 | 8.15 | 8.46 | 4567 | |||
| Annually | 16390.40 | 16952.00 | 17596.80 | 4568 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 4569 | |||
| 28 | Hourly | 7.41 | 7.64 | 7.88 | 8.15 | 4570 | |
| Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 | 4571 | ||
| Step 5 | Step 6 | Step 7 | 4572 | ||||
| Hourly | 8.46 | 8.79 | 9.15 | 4573 | |||
| Annually | 17596.80 | 18283.20 | 19032.00 | 4574 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 4575 | |||
| 29 | Hourly | 7.88 | 8.15 | 8.46 | 8.79 | 4576 | |
| Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 | 4577 | ||
| Step 5 | Step 6 | Step 7 | 4578 | ||||
| Hourly | 9.15 | 9.58 | 10.01 | 4579 | |||
| Annually | 19032.00 | 19926.40 | 20820.80 | 4580 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 4581 | |||
| 30 | Hourly | 8.46 | 8.79 | 9.15 | 9.58 | 4582 | |
| Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 | 4583 | ||
| Step 5 | Step 6 | Step 7 | 4584 | ||||
| Hourly | 10.01 | 10.46 | 10.99 | 4585 | |||
| Annually | 20820.80 | 21756.80 | 22859.20 | 4586 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 4587 | |||
| 31 | Hourly | 9.15 | 9.58 | 10.01 | 10.46 | 4588 | |
| Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 | 4589 | ||
| Step 5 | Step 6 | Step 7 | 4590 | ||||
| Hourly | 10.99 | 11.52 | 12.09 | 4591 | |||
| Annually | 22859.20 | 23961.60 | 25147.20 | 4592 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 4593 | |||
| 32 | Hourly | 10.01 | 10.46 | 10.99 | 11.52 | 4594 | |
| Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 | 4595 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 4596 | |||
| Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 4597 | ||
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 4598 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 4599 | |||
| 33 | Hourly | 10.99 | 11.52 | 12.09 | 12.68 | 4600 | |
| Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 | 4601 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 4602 | |||
| Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 4603 | ||
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 4604 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 4605 | |||
| 34 | Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 4606 | |
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 4607 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 4608 | |||
| Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 4609 | ||
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 4610 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 4611 | |||
| 35 | Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 4612 | |
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 4613 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 4614 | |||
| Hourly | 16.11 | 16.91 | 17.73 | 18.62 | 4615 | ||
| Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 | 4616 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 4617 | |||
| 36 | Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 4618 | |
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 4619 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 4620 | |||
| Hourly | 17.73 | 18.62 | 19.54 | 20.51 | 4621 | ||
| Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 | 4622 |
| Schedule C | 4623 |
| 4624 |
| Range | Minimum | Maximum | 4625 | ||
| 41 Hourly | 10.44 | 15.72 | 4626 | ||
| Annually | 21715.20 | 32697.60 | 4627 | ||
| 42 Hourly | 11.51 | 17.35 | 4628 | ||
| Annually | 23940.80 | 36088.00 | 4629 | ||
| 43 Hourly | 12.68 | 19.12 | 4630 | ||
| Annually | 26374.40 | 39769.60 | 4631 | ||
| 44 Hourly | 13.99 | 20.87 | 4632 | ||
| Annually | 29099.20 | 43409.60 | 4633 | ||
| 45 Hourly | 15.44 | 22.80 | 4634 | ||
| Annually | 32115.20 | 47424.00 | 4635 | ||
| 46 Hourly | 17.01 | 24.90 | 4636 | ||
| Annually | 35380.80 | 51792.00 | 4637 | ||
| 47 Hourly | 18.75 | 27.18 | 4638 | ||
| Annually | 39000.00 | 56534.40 | 4639 | ||
| 48 Hourly | 20.67 | 29.69 | 4640 | ||
| Annually | 42993.60 | 61755.20 | 4641 | ||
| 49 Hourly | 22.80 | 32.06 | 4642 | ||
| Annually | 47424.00 | 66684.80 | 4643 | ||
| (B) The pay schedule of all employees shall be on a biweekly | 4644 |
| basis, with amounts computed on an hourly basis. | 4645 |
| (C) Part-time employees in the service of the state shall be | 4646 |
| compensated on an hourly basis for time worked, at the rates shown | 4647 |
| in division (A) of this section or in section 124.152 of the | 4648 |
| Revised Code. | 4649 |
| (D) The salary and wage rates in division (A) of this section | 4650 |
| or in section 124.152 of the Revised Code represent base rates of | 4651 |
| compensation and may be augmented by the provisions of section | 4652 |
| 124.181 of the Revised Code. In those cases where lodging, meals, | 4653 |
| laundry, or other personal services are furnished an employee in | 4654 |
| the service of the state, the actual costs or fair market value of | 4655 |
| the personal services shall be paid by the employee in such | 4656 |
| amounts and manner as determined by the director of administrative | 4657 |
| services and approved by the director of budget and management, | 4658 |
| and those personal services shall not be considered as a part of | 4659 |
| the employee's compensation. An appointing authority that appoints | 4660 |
| employees in the service of the state, with the approval of the | 4661 |
| director of administrative services and the director of budget and | 4662 |
| management, may establish payments to employees for uniforms, | 4663 |
| tools, equipment, and other requirements of the department and | 4664 |
| payments for the maintenance of them. | 4665 |
| The director of administrative services may review collective | 4666 |
| bargaining agreements entered into under Chapter 4117. of the | 4667 |
| Revised Code that cover | 4668 |
| state and determine whether certain benefits or payments provided | 4669 |
| to | 4670 |
| provided to employees in the service of the state who are exempt | 4671 |
| from collective bargaining coverage and are paid in accordance | 4672 |
| with section 124.152 of the Revised Code or are listed in division | 4673 |
| (B)(2) or (4) of section 124.14 of the Revised Code. On completing | 4674 |
| the review, the director of administrative services, with the | 4675 |
| approval of the director of budget and management, may provide to | 4676 |
| some or all of these employees any payment or benefit, except for | 4677 |
| salary, contained in such a collective bargaining agreement even | 4678 |
| if it is similar to a payment or benefit already provided by law | 4679 |
| to some or all of these employees. Any payment or benefit so | 4680 |
| provided shall not exceed the highest level for that payment or | 4681 |
| benefit specified in such a collective bargaining agreement. The | 4682 |
| director of administrative services shall not provide, and the | 4683 |
| director of budget and management shall not approve, any payment | 4684 |
| or benefit to such an employee under this division unless the | 4685 |
| payment or benefit is provided pursuant to a collective bargaining | 4686 |
| agreement to a state employee who is in a position with similar | 4687 |
| duties as, is supervised by, or is employed by the same appointing | 4688 |
| authority as, the employee to whom the benefit or payment is to be | 4689 |
| provided. | 4690 |
| As used in this division, "payment or benefit already | 4691 |
| provided by law" includes, but is not limited to, bereavement, | 4692 |
| personal, vacation, administrative, and sick leave, disability | 4693 |
| benefits, holiday pay, and pay supplements provided under the | 4694 |
| Revised Code, but does not include wages or salary. | 4695 |
| (E) New employees paid in accordance with schedule B of | 4696 |
| division (A) of this section or schedule E-1 of section 124.152 of | 4697 |
| the Revised Code shall be employed at the minimum rate established | 4698 |
| for the range unless otherwise provided. Employees with | 4699 |
| qualifications that are beyond the minimum normally required for | 4700 |
| the position and that are determined by the director to be | 4701 |
| exceptional may be employed in, or may be transferred or promoted | 4702 |
| to, a position at an advanced step of the range. Further, in time | 4703 |
| of a serious labor market condition when it is relatively | 4704 |
| impossible to recruit employees at the minimum rate for a | 4705 |
| particular classification, the entrance rate may be set at an | 4706 |
| advanced step in the range by the director of administrative | 4707 |
| services. This rate may be limited to geographical regions of the | 4708 |
| state. Appointments made to an advanced step under the provision | 4709 |
| regarding exceptional qualifications shall not affect the step | 4710 |
| assignment of employees already serving. However, anytime the | 4711 |
| hiring rate of an entire classification is advanced to a higher | 4712 |
| step, all incumbents of that classification being paid at a step | 4713 |
| lower than that being used for hiring, shall be advanced beginning | 4714 |
| at the start of the first pay period thereafter to the new hiring | 4715 |
| rate, and any time accrued at the lower step will be used to | 4716 |
| calculate advancement to a succeeding step. If the hiring rate of | 4717 |
| a classification is increased for only a geographical region of | 4718 |
| the state, only incumbents who work in that geographical region | 4719 |
| shall be advanced to a higher step. When an employee in the | 4720 |
| unclassified service changes from one state position to another or | 4721 |
| is appointed to a position in the classified service, or if an | 4722 |
| employee in the classified service is appointed to a position in | 4723 |
| the unclassified service, the employee's salary or wage in the new | 4724 |
| position shall be determined in the same manner as if the employee | 4725 |
| were an employee in the classified service. When an employee in | 4726 |
| the unclassified service who is not eligible for step increases is | 4727 |
| appointed to a classification in the classified service under | 4728 |
| which step increases are provided, future step increases shall be | 4729 |
| based on the date on which the employee last received a pay | 4730 |
| increase. If the employee has not received an increase during the | 4731 |
| previous year, the date of the appointment to the classified | 4732 |
| service shall be used to determine the employee's annual step | 4733 |
| advancement eligibility date. In reassigning any employee to a | 4734 |
| classification resulting in a pay range increase or to a new pay | 4735 |
| range as a result of a promotion, an increase pay range | 4736 |
| adjustment, or other classification change resulting in a pay | 4737 |
| range increase, the director shall assign such employee to the | 4738 |
| step in the new pay range that will provide an increase of | 4739 |
| approximately four per cent if the new pay range can accommodate | 4740 |
| the increase. When an employee is being assigned to a | 4741 |
| classification or new pay range as the result of a class plan | 4742 |
| change, if the employee has completed a probationary period, the | 4743 |
| employee shall be placed in a step no lower than step two of the | 4744 |
| new pay range. If the employee has not completed a probationary | 4745 |
| period, the employee may be placed in step one of the new pay | 4746 |
| range. Such new salary or wage shall become effective on such date | 4747 |
| as the director determines. | 4748 |
| (F) If employment conditions and the urgency of the work | 4749 |
| require such action, the director of administrative services may, | 4750 |
| upon the application of a department head, authorize payment at | 4751 |
| any rate established within the range for the class of work, for | 4752 |
| work of a casual or intermittent nature or on a project basis. | 4753 |
| Payment at such rates shall not be made to the same individual for | 4754 |
| more than three calendar months in any one calendar year. Any such | 4755 |
| action shall be subject to the approval of the director of budget | 4756 |
| and management as to the availability of funds. This section and | 4757 |
| sections 124.14 and 124.152 of the Revised Code do not repeal any | 4758 |
| authority of any department or public official to contract with or | 4759 |
| fix the compensation of professional persons who may be employed | 4760 |
| temporarily for work of a casual nature or for work on a project | 4761 |
| basis. | 4762 |
| (G)(1) Except as provided in division (G)(2) of this section, | 4763 |
| each state employee paid in accordance with schedule B of this | 4764 |
| section or schedule E-1 of section 124.152 of the Revised Code | 4765 |
| shall be eligible for advancement to succeeding steps in the range | 4766 |
| for the employee's class or grade according to the schedule | 4767 |
| established in this division. Beginning on the first day of the | 4768 |
| pay period within which the employee completes the prescribed | 4769 |
| probationary period in the employee's classification with the | 4770 |
| state, each employee shall receive an automatic salary adjustment | 4771 |
| equivalent to the next higher step within the pay range for the | 4772 |
| employee's class or grade. | 4773 |
| Each employee paid in accordance with schedule E-1 of section | 4774 |
| 124.152 of the Revised Code shall be eligible to advance to the | 4775 |
| next higher step until the employee reaches the top step in the | 4776 |
| range for the employee's class or grade, if the employee has | 4777 |
| maintained satisfactory performance in accordance with criteria | 4778 |
| established by the employee's appointing authority. Those step | 4779 |
| advancements shall not occur more frequently than once in any | 4780 |
| twelve-month period. | 4781 |
| When an employee is promoted or reassigned to a higher pay | 4782 |
| range, the employee's step indicator shall return to "0" or be | 4783 |
| adjusted to account for a probationary period, as appropriate. | 4784 |
| Step advancement shall not be affected by demotion. A promoted | 4785 |
| employee shall advance to the next higher step of the pay range on | 4786 |
| the first day of the pay period in which the required probationary | 4787 |
| period is completed. Step advancement shall become effective at | 4788 |
| the beginning of the pay period within which the employee attains | 4789 |
| the necessary length of service. Time spent on authorized leave of | 4790 |
| absence shall be counted for this purpose. | 4791 |
| If determined to be in the best interest of the state | 4792 |
| service, the director of administrative services may, either | 4793 |
| statewide or in selected agencies, adjust the dates on which | 4794 |
| annual step advancements are received by employees paid in | 4795 |
| accordance with schedule E-1 of section 124.152 of the Revised | 4796 |
| Code. | 4797 |
| (2)(a)(i) Except as provided in division (G)(2)(a)(ii) of | 4798 |
| this section, there shall be a moratorium on step advancements | 4799 |
| under division (G)(1) of this section from the pay period | 4800 |
| beginning June 29, 2003, through the pay period ending June 25, | 4801 |
| 2005. Step advancements shall resume with the pay period beginning | 4802 |
| June 26, 2005. Upon the resumption of step advancements, there | 4803 |
| shall be no retroactive step advancements for the period the | 4804 |
| moratorium was in effect. The moratorium shall not affect an | 4805 |
| employee's performance evaluation schedule. | 4806 |
| (ii) During the moratorium under division (G)(2)(a)(i) of | 4807 |
| this section, an employee who is hired or promoted and serves a | 4808 |
| probationary period in the employee's new position shall advance | 4809 |
| to the next step in the employee's pay range upon successful | 4810 |
| completion of the employee's probationary period. Thereafter, the | 4811 |
| employee is subject to the moratorium. | 4812 |
| (b) The moratorium under division (G)(2)(a)(i) of this | 4813 |
| section shall apply to the employees of the secretary of state, | 4814 |
| the auditor of state, the treasurer of state, and the attorney | 4815 |
| general, who are subject to this section unless the secretary of | 4816 |
| state, the auditor of state, the treasurer of state, or the | 4817 |
| attorney general decides to exempt the office's employees from the | 4818 |
| moratorium and so notifies the director of administrative services | 4819 |
| in writing on or before July 1, 2003. | 4820 |
| (H) Employees in appointive managerial or professional | 4821 |
| positions paid in accordance with schedule C of this section or | 4822 |
| schedule E-2 of section 124.152 of the Revised Code may be | 4823 |
| appointed at any rate within the appropriate pay range. This rate | 4824 |
| of pay may be adjusted higher or lower within the respective pay | 4825 |
| range at any time the appointing authority so desires as long as | 4826 |
| the adjustment is based on the employee's ability to successfully | 4827 |
| administer those duties assigned to the employee. Salary | 4828 |
| adjustments shall not be made more frequently than once in any | 4829 |
| six-month period under this provision to incumbents holding the | 4830 |
| same position and classification. | 4831 |
| (I) When an employee is assigned to duty outside this state, | 4832 |
| the employee may be compensated, upon request of the department | 4833 |
| head and with the approval of the director of administrative | 4834 |
| services, at a rate not to exceed fifty per cent in excess of the | 4835 |
| employee's current base rate for the period of time spent on that | 4836 |
| duty. | 4837 |
| (J) Unless compensation for members of a board or commission | 4838 |
| is otherwise specifically provided by law, the director of | 4839 |
| administrative services shall establish the rate and method of | 4840 |
| payment for members of boards and commissions pursuant to the pay | 4841 |
| schedules listed in section 124.152 of the Revised Code. | 4842 |
| (K) Regular full-time employees in positions assigned to | 4843 |
| classes within the instruction and education administration series | 4844 |
| under the rules of the director of administrative services, except | 4845 |
| certificated employees on the instructional staff of the state | 4846 |
| school for the blind or the state school for the deaf, whose | 4847 |
| positions are scheduled to work on the basis of an academic year | 4848 |
| rather than a full calendar year, shall be paid according to the | 4849 |
| pay range assigned by such rules but only during those pay periods | 4850 |
| included in the academic year of the school where the employee is | 4851 |
| located. | 4852 |
| (1) Part-time or substitute teachers or those whose period of | 4853 |
| employment is other than the full academic year shall be | 4854 |
| compensated for the actual time worked at the rate established by | 4855 |
| this section. | 4856 |
| (2) Employees governed by this division are exempt from | 4857 |
| sections 124.13 and 124.19 of the Revised Code. | 4858 |
| (3) Length of service for the purpose of determining | 4859 |
| eligibility for step advancements as provided by division (G) of | 4860 |
| this section and for the purpose of determining eligibility for | 4861 |
| longevity pay supplements as provided by division (E) of section | 4862 |
| 124.181 of the Revised Code shall be computed on the basis of one | 4863 |
| full year of service for the completion of each academic year. | 4864 |
| (L) The superintendent of the state school for the deaf and | 4865 |
| the superintendent of the state school for the blind shall, | 4866 |
| subject to the approval of the superintendent of public | 4867 |
| instruction, carry out both of the following: | 4868 |
| (1) Annually, between the first day of April and the last day | 4869 |
| of June, establish for the ensuing fiscal year a schedule of | 4870 |
| hourly rates for the compensation of each certificated employee on | 4871 |
| the instructional staff of that superintendent's respective school | 4872 |
| constructed as follows: | 4873 |
| (a) Determine for each level of training, experience, and | 4874 |
| other professional qualification for which an hourly rate is set | 4875 |
| forth in the current schedule, the per cent that rate is of the | 4876 |
| rate set forth in such schedule for a teacher with a bachelor's | 4877 |
| degree and no experience. If there is more than one such rate for | 4878 |
| such a teacher, the lowest rate shall be used to make the | 4879 |
| computation. | 4880 |
| (b) Determine which six city, local, and exempted village | 4881 |
| school districts with territory in Franklin county have in effect | 4882 |
| on, or have adopted by, the first day of April for the school year | 4883 |
| that begins on the ensuing first day of July, teacher salary | 4884 |
| schedules with the highest minimum salaries for a teacher with a | 4885 |
| bachelor's degree and no experience; | 4886 |
| (c) Divide the sum of such six highest minimum salaries by | 4887 |
| ten thousand five hundred sixty; | 4888 |
| (d) Multiply each per cent determined in division (L)(1)(a) | 4889 |
| of this section by the quotient obtained in division (L)(1)(c) of | 4890 |
| this section; | 4891 |
| (e) One hundred five per cent of each product thus obtained | 4892 |
| shall be the hourly rate for the corresponding level of training, | 4893 |
| experience, or other professional qualification in the schedule | 4894 |
| for the ensuing fiscal year. | 4895 |
| (2) Annually, assign each certificated employee on the | 4896 |
| instructional staff of the superintendent's respective school to | 4897 |
| an hourly rate on the schedule that is commensurate with the | 4898 |
| employee's training, experience, and other professional | 4899 |
| qualifications. | 4900 |
| If an employee is employed on the basis of an academic year, | 4901 |
| the employee's annual salary shall be calculated by multiplying | 4902 |
| the employee's assigned hourly rate times one thousand seven | 4903 |
| hundred sixty. If an employee is not employed on the basis of an | 4904 |
| academic year, the employee's annual salary shall be calculated in | 4905 |
| accordance with the following formula: | 4906 |
| (a) Multiply the number of days the employee is required to | 4907 |
| work pursuant to the employee's contract by eight; | 4908 |
| (b) Multiply the product of division (L)(2)(a) of this | 4909 |
| section by the employee's assigned hourly rate. | 4910 |
| Each employee shall be paid an annual salary in biweekly | 4911 |
| installments. The amount of each installment shall be calculated | 4912 |
| by dividing the employee's annual salary by the number of biweekly | 4913 |
| installments to be paid during the year. | 4914 |
| Sections 124.13 and 124.19 of the Revised Code do not apply | 4915 |
| to an employee who is paid under this division. | 4916 |
| As used in this division, "academic year" means the number of | 4917 |
| days in each school year that the schools are required to be open | 4918 |
| for instruction with pupils in attendance. Upon completing an | 4919 |
| academic year, an employee paid under this division shall be | 4920 |
| deemed to have completed one year of service. An employee paid | 4921 |
| under this division is eligible to receive a pay supplement under | 4922 |
| division (L)(1), (2), or (3) of section 124.181 of the Revised | 4923 |
| Code for which the employee qualifies, but is not eligible to | 4924 |
| receive a pay supplement under division (L)(4) or (5) of that | 4925 |
| section. An employee paid under this division is eligible to | 4926 |
| receive a pay supplement under division (L)(6) of section 124.181 | 4927 |
| of the Revised Code for which the employee qualifies, except that | 4928 |
| the supplement is not limited to a maximum of five per cent of the | 4929 |
| employee's regular base salary in a calendar year. | 4930 |
| (M) Division (A) of this section does not apply to "exempt | 4931 |
| employees," as defined in section 124.152 of the Revised Code, who | 4932 |
| are paid under that section. | 4933 |
| Notwithstanding any other provisions of this chapter, when an | 4934 |
| employee transfers between bargaining units or transfers out of or | 4935 |
| into a bargaining unit, the director of administrative services | 4936 |
| shall establish the employee's compensation and adjust the maximum | 4937 |
| leave accrual schedule as the director deems equitable. | 4938 |
| Sec. 124.20. The director of administrative services, with | 4939 |
| the approval of the state personnel board of review, shall adopt | 4940 |
| rules: | 4941 |
| (A) For the classification of | 4942 |
| positions | 4943 |
| 4944 |
| (B) For appointment, promotions, transfers, layoffs, | 4945 |
|
suspensions, reductions, reinstatements, and removals | 4946 |
| and examinations and registrations for offices and positions in | 4947 |
| the civil service of the state. | 4948 |
| 4949 | |
| employees in the civil service of the state shall submit personnel | 4950 |
| action information to the department of administrative services as | 4951 |
| the director requires.
| 4952 |
| 4953 | |
| 4954 | |
| 4955 | |
| 4956 | |
| 4957 | |
| 4958 | |
| 4959 | |
| 4960 |
| (C) For maintaining and keeping records of the efficiency of | 4961 |
| officers and employees in the civil service of the state in | 4962 |
| accordance with sections 124.01 to 124.64 of the Revised Code. | 4963 |
| Due notice of the contents of | 4964 |
| changes
| 4965 |
| authorities affected by | 4966 |
| also be printed for public distribution. | 4967 |
| Sec. 124.23. (A) All applicants for positions and places in | 4968 |
| the classified service shall be subject to examination, except for | 4969 |
| applicants for positions as professional or certified service and | 4970 |
| paraprofessional employees of county boards of mental retardation | 4971 |
| and developmental disabilities, who shall be hired in the manner | 4972 |
| provided in section 124.241 of the Revised Code. | 4973 |
| (B) Any examination administered under this section shall be | 4974 |
|
public | 4975 |
| persons who have legally declared their intentions of becoming | 4976 |
|
United States citizens, within certain limitations | 4977 |
| 4978 | |
| citizenship, age, experience, education, health, habit, and moral | 4979 |
| character | 4980 |
| of administrative services when the examination is for an office | 4981 |
| or position in the service of the state. Any soldier, sailor, | 4982 |
| marine, coast guarder, member of the auxiliary corps as | 4983 |
| established by congress, member of the army nurse corps or navy | 4984 |
| nurse corps, or red cross nurse who has served in the army, navy, | 4985 |
| or hospital service of the United States, and such other military | 4986 |
| service as is designated by congress, including World War I, World | 4987 |
| War II, or during the period beginning May 1, 1949, and lasting so | 4988 |
| long as the armed forces of the United States are engaged in armed | 4989 |
| conflict or occupation duty, or the selective service or similar | 4990 |
| conscriptive acts are in effect in the United States, whichever is | 4991 |
| the later
date, who has been honorably discharged | 4992 |
|
transferred
to the reserve with evidence of satisfactory service | 4993 |
|
and who is a
resident of | 4994 |
| 4995 | |
| honorable discharge,
| 4996 |
| shall receive additional credit of twenty per cent of the person's | 4997 |
| total grade given in the regular examination in which the person | 4998 |
| receives a passing grade; that filing shall be with the director | 4999 |
| of administrative services in the case of offices or positions in | 5000 |
| the service of the state. | 5001 |
| An examination may include an evaluation of such factors as | 5002 |
| education, training, capacity, knowledge, manual dexterity, and | 5003 |
| physical or
psychological fitness. | 5004 |
| shall consist of one or more tests in any combination. Tests may | 5005 |
| be written, oral, physical, demonstration of skill, or an | 5006 |
| evaluation of training and experiences and shall be designed to | 5007 |
| fairly test the relative capacity of the persons examined to | 5008 |
| discharge the particular duties of the position for which | 5009 |
|
appointment is sought. | 5010 |
| are established for any examination, they shall be specified in | 5011 |
| the examination announcement. | 5012 |
| (C) The director of administrative services shall have | 5013 |
| control of all examinations for offices or positions in the | 5014 |
| service of the state, except as otherwise provided in sections | 5015 |
| 124.01
to 124.64 of the Revised
Code. | 5016 |
| (D) No questions in any examination shall relate to political | 5017 |
| or religious opinions or affiliations. No credit for seniority, | 5018 |
| efficiency, or any other reason shall be added to an applicant's | 5019 |
| examination grade unless the applicant achieves at least the | 5020 |
|
minimum passing grade on the examination
without counting | 5021 |
| that extra credit. | 5022 |
| (E) Except as otherwise provided in sections 124.01 to 124.64 | 5023 |
| of the Revised Code, the director of administrative services shall | 5024 |
| give reasonable notice of the time, place, and general scope of | 5025 |
|
every competitive examination for appointment to | 5026 |
| position in the classified civil service of the state. The | 5027 |
| director | 5028 |
| or electronic notices
of
every examination | 5029 |
|
the | 5030 |
| the type the director of job and family services specifies and, in | 5031 |
| the case of a county in which no such agency is located, to the | 5032 |
| clerk of the court of common pleas of that county and to the clerk | 5033 |
| of each city
| 5034 |
| promptly upon receipt, shall be posted in conspicuous public | 5035 |
| places in the designated agencies and the courthouse, and city | 5036 |
| hall of the cities, of the counties in which no such agency is | 5037 |
| located. | 5038 |
| in the office of
the director | 5039 |
| least two weeks | 5040 |
| of examinations limited by the director
| 5041 |
| to a district, county, city, or
department,
the director
| 5042 |
| 5043 | |
| publicity
of | 5044 |
| county, city, or department within which competition is permitted. | 5045 |
| Sec. 124.231. (A)(1) As used in this section, "legally blind | 5046 |
| person" means any person who qualifies as being blind under any | 5047 |
|
Ohio or federal statute, or any rule adopted | 5048 |
| Ohio or federal statute. As used in this section, "legally deaf | 5049 |
| person" means any person who qualifies as being deaf under any | 5050 |
| Ohio or federal statute, or any
rule adopted | 5051 |
| Ohio or federal statute. | 5052 |
| | 5053 |
| whenever practicable, arrange for special examinations to be | 5054 |
| administered to legally blind or legally deaf persons applying for | 5055 |
| original appointments in the classified civil service of the state | 5056 |
| to ensure that the
abilities of | 5057 |
| assessed and that | 5058 |
| discrimination because they are legally blind or legally deaf | 5059 |
| persons. | 5060 |
| | 5061 |
| employment of legally blind persons and legally deaf persons in | 5062 |
| the classified civil service of the state. | 5063 |
| (B) Nothing in this section shall be construed to prohibit | 5064 |
| the appointment of a legally blind or legally deaf person to a | 5065 |
| position in the classified service under the procedures otherwise | 5066 |
| provided in this chapter. | 5067 |
| Sec. 124.241. As used in this section, "professional | 5068 |
| employee" has the same meaning as in section 5126.20 of the | 5069 |
| Revised Code, and "registered service employee" means a service | 5070 |
| employee, as defined in section 5126.20 of the Revised Code, who | 5071 |
| is registered under section 5126.25 of the Revised Code. | 5072 |
| County boards of mental retardation and developmental | 5073 |
| disabilities may hire professional employees and registered | 5074 |
| service employees in the classified service on the basis of the | 5075 |
| candidates' qualifications rather than on the basis of the results | 5076 |
| of an examination | 5077 |
| 5078 |
| Sec. 124.25. The director of administrative services shall | 5079 |
| require persons applying for an examination for original | 5080 |
| appointment to office or position in the service of the state to | 5081 |
| file with the director, within reasonable time prior to the | 5082 |
| examination, a formal application, in which the applicant shall | 5083 |
| state the applicant's name,
address, and | 5084 |
| information as may reasonably be required concerning the | 5085 |
| applicant's education and experience. No inquiry shall be made as | 5086 |
| to religious or political affiliations or as to racial or ethnic | 5087 |
| origin of the applicant, except as necessary to gather equal | 5088 |
| employment opportunity or other statistics that, when compiled, | 5089 |
| will not identify any specific individual. | 5090 |
| Blank forms for applications shall be furnished by the | 5091 |
|
director without charge to any person requesting | 5092 |
| application. The
director may require in connection with | 5093 |
| application | 5094 |
| applicant as the good of the service demands. The director may | 5095 |
| refuse to appoint or examine an applicant, or, after an | 5096 |
| examination, refuse to certify the applicant as eligible, who is | 5097 |
| found to lack any of the established preliminary requirements for | 5098 |
| the examination, who is addicted to the habitual use of | 5099 |
| intoxicating liquors or drugs to excess, who has a pattern of poor | 5100 |
| work habits and performance with previous employers, who has been | 5101 |
| convicted of a felony, who has been guilty of infamous or | 5102 |
| notoriously disgraceful conduct, who has been dismissed from | 5103 |
| either branch of the civil service for delinquency or misconduct, | 5104 |
| or who has made false statements of any material fact, or | 5105 |
| practiced, or attempted to practice, any deception or fraud in the | 5106 |
| application or examination, in establishing eligibility, or in | 5107 |
| securing an appointment. | 5108 |
| Sec. 124.26. (A) Except as provided in | 5109 |
| (B) | 5110 |
| for offices or positions in the service of the state, the director | 5111 |
| of administrative services shall prepare an eligible list of the | 5112 |
| persons whose general average standing upon
examinations for | 5113 |
| the grade or class is not less than the minimum fixed by the rules | 5114 |
| of the director | 5115 |
| persons shall take rank upon the eligible list as candidates in | 5116 |
| the order of their relative excellence as determined by the | 5117 |
| examination without reference to priority of the time of | 5118 |
| examination. | 5119 |
| same mark in an open competitive examination, priority in the time | 5120 |
| of filing the application with the director shall determine the | 5121 |
| order in which their names shall be placed on
the eligible list | 5122 |
| 5123 | |
| under section 124.23 of the Revised Code shall receive priority in | 5124 |
| rank on the eligible list over nonveterans on the list with a | 5125 |
| rating equal to that of the veteran. Ties among veterans shall be | 5126 |
| decided by priority of
filing the application. | 5127 |
| two or more applicants
| 5128 |
| promotional examination, seniority shall determine the order in | 5129 |
| which their names shall be placed on the eligible list. The term | 5130 |
| of eligibility of each list shall be fixed by the director at not | 5131 |
| less than one | 5132 |
| When an eligible list is reduced to ten names or less, a new | 5133 |
| list may be prepared. The director may consolidate two or more | 5134 |
| eligible lists of the same kind by the rearranging of eligibles | 5135 |
| named | 5136 |
| (B) A person serving as a provisional employee who passes an | 5137 |
| examination for an office or position in the service of the state, | 5138 |
| given for the department in which | 5139 |
| the class or grade in which the person holds the office or | 5140 |
| position shall be appointed as a certified employee in the office | 5141 |
| or position before the director of administrative services | 5142 |
| prepares an eligible list. | 5143 |
| Sec. 124.27. (A) The head of a department, office, or | 5144 |
| institution, in which a position in the classified civil service | 5145 |
| of the state is to be filled, shall notify the director of | 5146 |
| administrative services of the fact, and the director shall, | 5147 |
| except as otherwise provided in this section and sections 124.30 | 5148 |
| and 124.31 of the Revised Code, certify to the appointing | 5149 |
| authority the names and addresses of the ten candidates standing | 5150 |
| highest on the eligible list for the class or grade to which the | 5151 |
| position belongs | 5152 |
| less than ten names if ten names are not available. When less than | 5153 |
| ten names are certified to an appointing authority, appointment | 5154 |
| from that list shall not be mandatory. When a position in the | 5155 |
| classified service in the department of mental health or the | 5156 |
| department of mental retardation and developmental disabilities is | 5157 |
| to be filled, the director of administrative services shall make | 5158 |
| such certification to the appointing authority within seven | 5159 |
| working days of the date the eligible list is requested. | 5160 |
| (B) | 5161 |
| administrative services of
| 5162 |
| service of the state to be filled, and the appointing authority | 5163 |
| shall
fill | 5164 |
| ten persons certified by the director. If more than one position | 5165 |
| is to be
filled, the director | 5166 |
| certify a group of names from the eligible list and the appointing | 5167 |
| authority
shall appoint in the
following manner: | 5168 |
| beginning at the top of the list, each time a selection is made it | 5169 |
| must be from one of the first ten candidates remaining on the list | 5170 |
| who is willing to accept consideration for the position. If an | 5171 |
| eligible list becomes exhausted, and until a new list can be | 5172 |
| created, or when no
eligible list for | 5173 |
| names may be certified from eligible lists most appropriate for | 5174 |
| the group or class in which the position to be filled is | 5175 |
| classified. A person who is certified from an eligible list more | 5176 |
| than three times to the same appointing authority for the same or | 5177 |
| similar positions, may be omitted from future certification to | 5178 |
| 5179 | |
| temporary appointment shall not
be counted as
one of | 5180 |
| certifications. Every soldier, sailor, marine, coast guarder, | 5181 |
| member of the auxiliary corps as established by congress, member | 5182 |
| of the army nurse corps, or navy nurse corps, or red cross nurse | 5183 |
| who has served in the army, navy, or hospital service of the | 5184 |
| United States, and such other military service as is designated by | 5185 |
| congress in the war with Spain, including the Philippine | 5186 |
| insurrection and the Chinese relief expedition, or from April 21, | 5187 |
| 1898, to July 4, 1902, World War I, World War II, or during the | 5188 |
| period beginning May 1, 1949, and lasting so long as the armed | 5189 |
| forces of the United States are engaged in armed conflict or | 5190 |
| occupation duty, or the selective service or similar conscriptive | 5191 |
| acts are in effect in the United States, whichever is the later | 5192 |
| date, who has been honorably discharged or separated under | 5193 |
|
honorable conditions | 5194 |
|
and whose name is on the
eligible list for
a position | 5195 |
|
entitled to preference in an original
| 5196 |
| 5197 | |
| 5198 | |
| 5199 | |
| 5200 | |
| 5201 | |
| classified civil service of the state, that are not filled by | 5202 |
| promotion, transfer, or reduction, as provided in sections 124.01 | 5203 |
| to 124.64 of the Revised Code and the rules of the director | 5204 |
| prescribed under those sections, shall be made only from those | 5205 |
| persons whose names are certified to the appointing authority, and | 5206 |
| no employment, except as provided in those sections, shall be | 5207 |
| otherwise given in
the classified civil service of
| 5208 |
| 5209 |
| (C) All original and promotional appointments, including | 5210 |
| provisional appointments made pursuant to section 124.30 of the | 5211 |
| Revised Code, shall be for a probationary period, not less than | 5212 |
|
sixty days | 5213 |
| appropriate rules | 5214 |
| 124.231 of the Revised Code, or except original appointments to a | 5215 |
| police
department as a
police officer | 5216 |
| a firefighter which shall be for a probationary period of one | 5217 |
| year | 5218 |
| appointee has satisfactorily served the probationary period. | 5219 |
| Service as a provisional employee in the same or similar class | 5220 |
| shall be included in the probationary period. If the service of | 5221 |
| the probationary employee is unsatisfactory, the employee may be | 5222 |
| removed or reduced at any time during the probationary period. If | 5223 |
| the appointing authority's decision is to remove the appointee, | 5224 |
| the appointing authority's communication to the director or | 5225 |
| commission shall indicate the reason for that decision. A | 5226 |
| probationary employee duly removed or reduced in position for | 5227 |
| unsatisfactory service does not have the right to appeal the | 5228 |
| removal or reduction under section 124.34 of the Revised Code. | 5229 |
| Sec. 124.29. Any person who, at the time of holding an | 5230 |
| office or position in the public service, enters the uniformed | 5231 |
| services, as defined in section 5903.01 of the Revised Code, is | 5232 |
| entitled to reinstatement in accordance with the "Uniformed | 5233 |
| Services Employment and Reemployment Rights Act of 1994," 108 | 5234 |
| Stat. 3149, 38 U.S.C.A. 4301 to 4333. | 5235 |
| The director of administrative services shall adopt rules in | 5236 |
| accordance with Chapter 119. of the Revised Code for the | 5237 |
| implementation of this section with regard to the reinstatement of | 5238 |
| persons in the service of the state. | 5239 |
| Sec. 124.30. (A) Positions in the classified civil service | 5240 |
| of the state may be filled without competition as follows: | 5241 |
| (1) Whenever there are urgent reasons for filling a vacancy | 5242 |
| in any position in the classified civil service of the state and | 5243 |
| the director of administrative services is unable to certify to | 5244 |
| the
appointing authority, upon | 5245 |
| request, a list of
persons eligible for appointment to | 5246 |
| position after a competitive examination, the appointing authority | 5247 |
| may nominate a person to the director for noncompetitive | 5248 |
| examination, and if
| 5249 |
| as qualified after | 5250 |
| nominee may be appointed
provisionally to
fill | 5251 |
| until a selection and appointment can be made after competitive | 5252 |
| examination | 5253 |
| continue in force only until a regular appointment can be made | 5254 |
| from eligible lists prepared by the director, and | 5255 |
| eligible lists shall be prepared within six months, provided that | 5256 |
| an examination for the position must be held within the six-month | 5257 |
|
period from the date of | 5258 |
|
case of provisional appointees in | 5259 |
| 5260 | |
| and department of health, if the salary is paid in whole or in | 5261 |
| part from federal funds, | 5262 |
| within six months, provided that an examination for the position | 5263 |
| must be held within the six-month
period from the date of | 5264 |
| provisional appointment. In case of an emergency, an appointment | 5265 |
| may be made without regard to the rules of sections 124.01 to | 5266 |
| 124.64 of the Revised Code, but in no case to continue longer than | 5267 |
| thirty days, and in no case shall successive appointments be made. | 5268 |
| Interim or temporary appointments, made necessary by reason of | 5269 |
| sickness, disability, or other approved leave of absence of | 5270 |
| regular officers or
employees shall continue only during | 5271 |
| period of sickness, disability, or other approved leave of | 5272 |
| absence, subject to rules
| 5273 |
| (2) In case of a vacancy in a position in the classified | 5274 |
| civil service of the state where peculiar and exceptional | 5275 |
| qualifications of a scientific, managerial, professional, or | 5276 |
| educational character are required, and upon satisfactory evidence | 5277 |
| that for specified
reasons competition in | 5278 |
| is impracticable and that the position can best be filled by a | 5279 |
| selection of some designated person of high and recognized | 5280 |
| attainments in | 5281 |
| provisions of sections
124.01 to 124.64 of the Revised Code | 5282 |
| 5283 | |
| no suspension shall be general in its application | 5284 |
| such cases of suspension shall be reported in the annual report of | 5285 |
| the director with the reasons for | 5286 |
| director shall suspend the provisions when the director of job and | 5287 |
| family services
provides | 5288 |
| 5101.051 of the Revised Code that a position with the department | 5289 |
| of job and family services can best be filled if the provisions | 5290 |
| are suspended. | 5291 |
| (3) | 5292 |
| for a temporary period, not to exceed six months, and the need of | 5293 |
| 5294 | |
|
may select for | 5295 |
| list of those eligible for permanent appointment. Successive | 5296 |
| temporary appointments to the same position shall not be made | 5297 |
| under this division. The acceptance or refusal by an eligible | 5298 |
| person of a temporary appointment shall not affect the person's | 5299 |
| standing on the
| 5300 |
| appointment, nor shall the period of temporary service be counted | 5301 |
| as a part of the probationary service in case of subsequent | 5302 |
| appointment to a permanent position. | 5303 |
| (B) Persons who receive external interim, temporary, or | 5304 |
| intermittent appointments are in the unclassified civil service | 5305 |
| and serve at the pleasure of their appointing authority. Interim | 5306 |
| appointments shall be made only to fill a vacancy that results | 5307 |
| from an employee's temporary absence, but shall not be made to | 5308 |
| fill a vacancy that results because an employee receives an | 5309 |
| interim appointment. | 5310 |
| Sec. 124.31. (A) Vacancies in positions in the classified | 5311 |
|
service shall be filled insofar as practicable by promotions.
| 5312 |
| In the case of a vacancy in a position in the classified civil | 5313 |
| service of the state, the director of administrative services | 5314 |
| shall provide in the director's rules for keeping a record of | 5315 |
| efficiency for each employee in the classified civil service of | 5316 |
| the state, and for making promotions in the classified civil | 5317 |
|
service of the state on the basis of merit, to be ascertained | 5318 |
| 5319 | |
| and capacity
in office, and by seniority in service | 5320 |
| director shall provide that vacancies in positions in the | 5321 |
| classified civil service of the state shall be filled by promotion | 5322 |
| in all cases where, in the judgment of the director, it is for the | 5323 |
| best interest of the service. | 5324 |
| (B) All examinations for promotions shall be competitive and | 5325 |
| may be conducted in the same manner as examinations described in | 5326 |
| section 124.23 of the Revised Code. In promotional examinations, | 5327 |
| seniority in service shall be added to the examination grade, but | 5328 |
| no credit for seniority or any other reason shall be added to an | 5329 |
| examination grade unless the applicant achieves at least the | 5330 |
| minimum passing score on the examination without
counting | 5331 |
| that extra credit. Credit for seniority shall equal, for the first | 5332 |
| four years of service, one per cent of the total grade attainable | 5333 |
| in the promotion examination, and, for each of the fifth through | 5334 |
| fourteenth years of service, six-tenths per cent of the total | 5335 |
| grade attainable. | 5336 |
| In all cases of vacancies in positions in the classified | 5337 |
| civil service of the state, where vacancies are to be filled by | 5338 |
| promotion, the director of administrative services shall certify | 5339 |
| to the appointing authority only the names of the three persons | 5340 |
| having the highest rating on the eligible list. The method of | 5341 |
| examination for promotions, the manner of giving notice
| 5342 |
| an examination, and the rules governing the same shall be in | 5343 |
| general the same as those provided for original examinations, | 5344 |
| except as otherwise provided in sections 124.01 to 124.64 of the | 5345 |
| Revised Code. | 5346 |
| Sec. 124.311. (A) Following any classification change within | 5347 |
| a classification series, a certified employee in the classified | 5348 |
| civil service of the state retains certification. When an employee | 5349 |
| receives a classification change to a classification outside the | 5350 |
|
series in which | 5351 |
| made by rules adopted under division (B) of this section, the | 5352 |
| employee does not retain certified status. | 5353 |
| If an employee is in a provisional status following a | 5354 |
| classification change due to the operation of this section and is | 5355 |
| displaced within two years of receiving the change for any reason | 5356 |
| other than those listed in section 124.32, 124.321, 124.322, | 5357 |
| 124.323, 124.324, 124.325, 124.326, 124.327, 124.34, or 124.62 of | 5358 |
| the Revised Code, the employee shall be returned as a certified | 5359 |
| employee to the classification held immediately prior to the | 5360 |
|
classification change, provided | 5361 |
| that classification. If the former classification is not or cannot | 5362 |
| be used by the appointing authority in the agency in which the | 5363 |
| employee received the classification change, the director of | 5364 |
| administrative services shall designate a classification with | 5365 |
| comparable duties and the same pay range as the classification | 5366 |
| 5367 | |
| the employee was certified. If a similar classification cannot be | 5368 |
| designated, the employee retains certification in the | 5369 |
|
classification in which | 5370 |
| prior to the
classification change, and | 5371 |
| treated as a laid-off employee under sections 124.321 to 124.327 | 5372 |
| of the Revised Code. If an employee receives a classification | 5373 |
| change subsequent to being placed in a provisional status, the | 5374 |
| employee is not eligible to be returned to the classification in | 5375 |
| which | 5376 |
| change. | 5377 |
| If an employee is in a provisional status due to the | 5378 |
| application of this section and is displaced under section 124.32, | 5379 |
| 124.321, 124.322, 124.323, 124.324, 124.325, 124.326, 124.327, | 5380 |
| 124.34, or 124.62 of the Revised Code, the employee has no right | 5381 |
| under this section to return to the classification held prior to | 5382 |
| the classification change, except that if an employee receives a | 5383 |
| probationary reduction or voluntary demotion to a classification | 5384 |
| in which | 5385 |
| change within two years after the change, the employee shall be | 5386 |
| returned as a certified employee to the prior classification in | 5387 |
| which | 5388 |
| Whenever the director or the general assembly changes the | 5389 |
| state classification plan, an employee shall retain certification | 5390 |
| in the same or similar classification held immediately prior to | 5391 |
|
the change in the classification plan, provided | 5392 |
| was certified under the former plan. | 5393 |
| Whenever the position held by a classified employee is | 5394 |
| reclassified as a result of a job audit outside the classification | 5395 |
| series in which | 5396 |
| be treated as having received a classification change under this | 5397 |
| section and be given credit for the time | 5398 |
| the duties of the new classification for purposes of a | 5399 |
| probationary period under section 124.27 of the Revised Code. | 5400 |
| The employee may, however, choose not to accept the | 5401 |
|
reclassified position, in which case | 5402 |
| 5403 | |
| employee was certified, and the appointing authority shall assign | 5404 |
| the employee to a position with that classification or abolish the | 5405 |
| former position. | 5406 |
| (B) The director of administrative services shall make rules | 5407 |
| in accordance with Chapter 119. of the Revised Code implementing | 5408 |
| division (A) of this section with regard to the state | 5409 |
| classification plan and employees in the service of the state. The | 5410 |
| rules shall provide: | 5411 |
| (1) Specific criteria for retention of certification | 5412 |
| following a classification change from one classification to | 5413 |
|
another outside the classification series | 5414 |
| (2) For the publication of a list of classifications with the | 5415 |
| same or similar duties in which the employee will retain | 5416 |
| certification following certain classification changes and in | 5417 |
|
which displacement rights apply | 5418 |
| (3) For an employee who is displaced within a two-year period | 5419 |
| following a classification change to return to the former position | 5420 |
| in which | 5421 |
| (A) of this section. | 5422 |
| Sec. 124.32. (A) With the consent of the director of | 5423 |
| administrative services, a person holding an office or position in | 5424 |
| the classified civil service of the state may be transferred to a | 5425 |
| similar office or position in another office, department, or | 5426 |
| institution having the same pay and similar duties; but no | 5427 |
| transfer shall be made | 5428 |
| (1) From an office or position in one class to an office or | 5429 |
| position in
another class | 5430 |
| (2) To an office or position for original entrance to which | 5431 |
| there is required by sections 124.01 to 124.64 of the Revised | 5432 |
| Code, or the rules
adopted pursuant to | 5433 |
| examination involving essential tests or qualifications or | 5434 |
| carrying a salary different from or higher than those required for | 5435 |
| original entrance to an
office or position held
by | 5436 |
| person. | 5437 |
| (B) Any person holding an office or position | 5438 |
| classified civil service of the state who has been separated from | 5439 |
| the service without delinquency or misconduct on the person's part | 5440 |
| may, with the consent of the director, be reinstated within one | 5441 |
| year from the
date of | 5442 |
| same or similar
office
or position in the same department | 5443 |
| 5444 | |
| physical disability, | 5445 |
| same office held or in a similar position to that held at the time | 5446 |
| of separation, within thirty days after written application for | 5447 |
| reinstatement and after passing a physical examination made by a | 5448 |
| licensed physician, a physician assistant, a clinical nurse | 5449 |
| specialist, a certified nurse practitioner, or a certified | 5450 |
|
nurse-midwife
showing that the
person has recovered from
| 5451 |
| injury or physical
disability,
provided | 5452 |
| application for
reinstatement | 5453 |
| the date of
separation | 5454 |
|
application | 5455 |
| eligibility retirement. The physician, physician assistant, | 5456 |
| clinical nurse specialist, certified nurse practitioner, or | 5457 |
| certified nurse-midwife shall be designated by the appointing | 5458 |
| authority and shall complete any written documentation of the | 5459 |
| physical examination. | 5460 |
| Sec. 124.321. (A) Whenever it becomes necessary for an | 5461 |
| appointing authority to reduce its work force, the appointing | 5462 |
| authority shall lay off employees or abolish their positions in | 5463 |
| accordance with sections 124.321 to 124.327 of the Revised Code | 5464 |
| and, in the case of employees in the service of the state, | 5465 |
| pursuant to the rules of the director of administrative services. | 5466 |
| (B)(1) Employees may be laid off as a result of a lack of | 5467 |
| funds within an appointing authority. For appointing authorities | 5468 |
| 5469 | |
| of the auditor of state, the director of budget and management | 5470 |
| shall be responsible for determining whether a lack of funds | 5471 |
| exists.
For | 5472 |
| persons whose salary or wage is paid other than by warrant of the | 5473 |
| auditor of
state, the appointing authority | 5474 |
| determine whether a
lack of funds exists | 5475 |
| 5476 | |
| 5477 | |
| 5478 |
| | 5479 |
| appointing authority has a current or projected deficiency of | 5480 |
| funding to maintain current, or to sustain projected, levels of | 5481 |
| staffing and operations. This section does not require any | 5482 |
| transfer of money between funds in order to offset a deficiency or | 5483 |
| projected deficiency of federal funding for a program. | 5484 |
| (3) The director of budget and management shall | 5485 |
| adopt rules, under Chapter 119. of the Revised Code, for agencies | 5486 |
| whose employees are paid by warrant of the auditor of state, for | 5487 |
| determining whether a lack of funds exists. | 5488 |
| (C)(1) Employees may be laid off as a result of lack of work | 5489 |
| within an appointing authority. For appointing authorities whose | 5490 |
| employees are paid by warrant of the auditor of state, the | 5491 |
| director of administrative services shall determine whether a lack | 5492 |
| of work exists. All other appointing authorities shall themselves | 5493 |
| determine whether a lack of work exists | 5494 |
| 5495 | |
| 5496 |
| | 5497 |
| 5498 | |
| projected temporary decrease in the workload, expected to last | 5499 |
| less than one year, | 5500 |
| projected staffing levels. The determination of a lack of work | 5501 |
| shall indicate the current or projected temporary decrease in the | 5502 |
| workload of an appointing authority and whether the current or | 5503 |
| projected staffing levels of the appointing authority will be | 5504 |
| excessive. | 5505 |
| (D) Employees may be laid off as a result of abolishment of | 5506 |
| positions. | 5507 |
| means the permanent deletion of a position or positions from the | 5508 |
| organization or structure of an appointing authority due to lack | 5509 |
| of continued need for the
position or positions. | 5510 |
| 5511 | |
| result of a reorganization for the efficient operation of the | 5512 |
| appointing authority, for reasons of economy, or for lack of work. | 5513 |
| The determination | 5514 |
| the basis of the lack of continued need for the positions within | 5515 |
| an
appointing authority. | 5516 |
| authority shall | 5517 |
| should be abolished and, if the appointing authority is abolishing | 5518 |
| any position in the service of the state, shall file a statement | 5519 |
| of rationale and supporting documentation with the director of | 5520 |
| administrative services prior to sending the notice of | 5521 |
| abolishment. | 5522 |
| appointing authority that results in a determination of a lack of | 5523 |
| continued need for a position or positions shall be based on the | 5524 |
| appointing authority's decision to restructure delivery of | 5525 |
| services, change organizational emphasis or organizational goals, | 5526 |
| or maintain productivity or effective services with diminished | 5527 |
| resources. Reasons of economy that result in a determination of a | 5528 |
| lack of continued need for a position or positions shall be based | 5529 |
| on the appointing authority's estimated amount of savings with | 5530 |
| respect to salary, benefits, and other matters associated with the | 5531 |
| abolishment of the position or positions. But, when any aspect of | 5532 |
| an appointing authority's appropriation authority has been reduced | 5533 |
| by an executive or legislative action, reasons of economy that | 5534 |
| result in a determination of a lack of continued need for a | 5535 |
| position or positions may be based on savings with respect to | 5536 |
| salary and benefits only, as long as the abolishment of the | 5537 |
| position or positions occurs within one year of the reduction of | 5538 |
| the appropriation authority. | 5539 |
| If an abolishment results in a reduction of the work force, | 5540 |
| the appointing authority shall follow the procedures for laying | 5541 |
| off employees, subject to the following modifications: | 5542 |
| (1) The employee whose position has been abolished shall have | 5543 |
| the right to fill an available vacancy within the employee's | 5544 |
|
classification | 5545 |
| (2) If the employee whose position has been abolished has | 5546 |
| more retention points than any other employee serving in the same | 5547 |
|
classification, | 5548 |
| shall be displaced | 5549 |
| (3) If the employee whose position has been abolished has the | 5550 |
| fewest retention points in the classification, the employee shall | 5551 |
| have the right to fill an available vacancy in a lower | 5552 |
|
classification in the classification series | 5553 |
| (4) If the employee whose position has been abolished has the | 5554 |
| fewest retention points in the classification, the employee shall | 5555 |
| displace the employee with the fewest retention points in the next | 5556 |
| or successively lower classification in the classification series. | 5557 |
| (E) | 5558 |
| service of the state, the director of administrative services | 5559 |
| shall
| 5560 |
| Code | 5561 |
| authority, for the abolishment of positions by an appointing | 5562 |
| authority, and for the implementation of this section. | 5563 |
| Sec. 124.322. Whenever a reduction in the work force is | 5564 |
| necessary, the appointing authority of an agency shall decide in | 5565 |
| which classification or classifications the layoff or layoffs will | 5566 |
| occur and the number of employees to be laid off within each | 5567 |
| affected classification. The director of administrative services | 5568 |
| shall
| 5569 |
| Code | 5570 |
| an order of layoff and the displacement and recall of laid-off | 5571 |
| 5572 | |
|
shall be based in part on length of service and | 5573 |
| efficiency in
service, appointment type, or | 5574 |
| director considers appropriate. If the director establishes | 5575 |
| relative efficiency as a criterion to be used in determining order | 5576 |
| of layoff for | 5577 |
| state, credit for efficiency may be other than ten per cent of | 5578 |
| total retention points. | 5579 |
| Sec. 124.323. (A) Employees shall be laid off in the order | 5580 |
| set forth in this section within the primary appointment | 5581 |
| categories of part-time, seasonal, and full-time, and other | 5582 |
| appointment categories | 5583 |
| service of the state, shall be established by the director of | 5584 |
| administrative services. | 5585 |
| (B) Whenever a reduction in force is necessary within each of | 5586 |
| the primary appointment categories, first seasonal, then part-time | 5587 |
| permanent, and then full-time permanent employees shall be laid | 5588 |
| off in the following order: | 5589 |
| (1) Employees serving provisionally who have not completed | 5590 |
| their probationary period after appointment; | 5591 |
| (2) Employees serving provisionally who have satisfactorily | 5592 |
| completed their probationary period after appointment; | 5593 |
| (3) Employees appointed from certified eligible lists or who | 5594 |
| are certified and who have not completed their probationary period | 5595 |
| after appointment; | 5596 |
| (4) Employees appointed from certified eligible lists or who | 5597 |
| are certified and who have successfully completed their | 5598 |
| probationary period after appointment. | 5599 |
| Sec. 124.324. (A) A laid-off employee has the right to | 5600 |
| displace the employee with the fewest retention points in the | 5601 |
| classification from which the employee was laid off or in a lower | 5602 |
| or equivalent classification, in the following order: | 5603 |
| (1) Within the classification from which the employee was | 5604 |
| laid off; | 5605 |
| (2) Within the classification series from which the employee | 5606 |
| was laid off; | 5607 |
| (3) Within a classification which has the same or similar | 5608 |
| duties as the classification from which the employee was laid | 5609 |
|
off | 5610 |
| shall be in accordance with the list published by the director of | 5611 |
| administrative services under division (B)(2) of section 124.311 | 5612 |
| of the Revised Code | 5613 |
| (4) Within the classification the employee held immediately | 5614 |
| prior to holding the classification from which the employee was | 5615 |
| laid off. | 5616 |
| Divisions (A)(3) and (4) of this section shall not apply to | 5617 |
| employees of cities, city health districts, and counties, except | 5618 |
| for employees of county departments of job and family services. | 5619 |
| A laid-off employee in the classified service has the right | 5620 |
| to displace an employee with the fewest retention points in the | 5621 |
| classification that the laid-off employee held immediately prior | 5622 |
| to holding the classification from which the employee was laid | 5623 |
| off, if the laid-off employee was certified in the former | 5624 |
| classification. If a position in that classification does not | 5625 |
| exist, then the employee may displace employees in the | 5626 |
| classification that the employee next previously held, and so on, | 5627 |
| subject to the same provisions. The employee may not displace | 5628 |
| employees in a classification if the employee does not meet the | 5629 |
| minimum qualifications of the classification, or if the employee | 5630 |
| held the classification more than five years prior to the date on | 5631 |
| which the employee was laid off, except that failure to meet | 5632 |
| minimum qualifications shall not prevent the employee from | 5633 |
| displacing employees in the classification that the employee next | 5634 |
| previously held within that five-year period. | 5635 |
| If, after exercising displacement rights, an employee is | 5636 |
| subject to further layoff action, the employee's displacement | 5637 |
| rights shall be in accordance with the classification from which | 5638 |
| the employee was first laid off. | 5639 |
| The director shall verify the calculation of the retention | 5640 |
| points of all employees in the service of the state in an affected | 5641 |
| classification in accordance with section 124.325 of the Revised | 5642 |
| Code. | 5643 |
| (B) Following the order of layoff, an employee laid off in | 5644 |
| the classified civil service shall displace another employee | 5645 |
| within the same appointing authority or independent institution | 5646 |
| and layoff jurisdiction in the following manner: | 5647 |
| (1) Each laid-off employee possessing more retention points | 5648 |
| shall displace the employee with the fewest retention points in | 5649 |
| the next lower classification or successively lower classification | 5650 |
| in the same classification series; except that a laid-off | 5651 |
| provisional employee shall not have the right to displace a | 5652 |
| certified employee | 5653 |
| (2) Any employee displaced by an employee possessing more | 5654 |
| retention points shall displace the employee with the fewest | 5655 |
| retention points in the next lower classification or successively | 5656 |
| lower classification in the same classification series; except | 5657 |
| that a displaced provisional employee shall not displace a | 5658 |
| certified employee. This process shall continue, if necessary, | 5659 |
| until the employee with the fewest retention points in the lowest | 5660 |
| classification of the classification series of the same appointing | 5661 |
| authority or independent institution has been reached and, if | 5662 |
| necessary, laid off. | 5663 |
| (C) Employees shall notify the appointing authority of their | 5664 |
| intention to exercise their displacement rights, within five days | 5665 |
| after receiving notice of layoff. | 5666 |
| (D) No employee shall displace an employee for whose position | 5667 |
| or classification there exists special minimum qualifications, as | 5668 |
| established by a position description, by classification | 5669 |
| specifications, or by bona fide occupational qualification, unless | 5670 |
| the employee desiring to displace another employee possesses the | 5671 |
| requisite minimum qualifications for the position or | 5672 |
| classification. | 5673 |
| (E) If an employee exercising displacement rights must | 5674 |
| displace an employee in another county within the same layoff | 5675 |
| district, the displacement shall not be construed to be a | 5676 |
| transfer. | 5677 |
| (F) The director of administrative services shall
| 5678 |
| adopt rules | 5679 |
| implementation of this section with regard to employees in the | 5680 |
| service of the state. | 5681 |
| Sec. 124.325. (A) Retention points to reflect the length of | 5682 |
| continuous service and efficiency in service for all employees in | 5683 |
| the service of the state affected by a layoff shall be verified by | 5684 |
| the director of administrative services. | 5685 |
| (B) An employee's length of continuous service will be | 5686 |
| carried from one layoff jurisdiction to another so long as no | 5687 |
|
break in service occurs between | 5688 |
| (C) Retention points for efficiency in service shall be | 5689 |
| determined by averaging the employee's latest two annual | 5690 |
| performance evaluations. An employee with less than two years of | 5691 |
| service will have the latest performance evaluation used. Any | 5692 |
| employees with less than one year of service will have their final | 5693 |
| probationary evaluation used. | 5694 |
| (D) Should two or more employees have an identical number of | 5695 |
| retention points, employees having the shortest period of | 5696 |
| continuous service shall be laid off first. | 5697 |
| (E)(1) As used in this division, "affected employee" means a | 5698 |
| city employee who becomes a county employee, or a county employee | 5699 |
| who becomes a city employee, as the result of any of the | 5700 |
| following: | 5701 |
| (a) The merger of a city and a county office; | 5702 |
| (b) The merger of city and county functions or duties; | 5703 |
| (c) The transfer of functions or duties between a city and | 5704 |
| county. | 5705 |
| (2) For purposes of this section, the new employer of any | 5706 |
| affected employee shall treat the employee's prior service with | 5707 |
| 5708 | |
| employer. | 5709 |
| (F) The director of administrative services shall | 5710 |
| adopt rules | 5711 |
| to establish a system for the assignment of retention points for | 5712 |
| each employee in the service of the state in a classification | 5713 |
| affected by a layoff and for determining, in those instances where | 5714 |
| employees have identical retention points, which employee shall be | 5715 |
| laid off first. | 5716 |
| Sec. 124.33. An employee holding a position in the | 5717 |
| classified civil service of the state may be temporarily | 5718 |
| transferred
from | 5719 |
| position, for a period not to exceed thirty days, or for a longer | 5720 |
| period not to exceed ninety days if agreed to by the employee and | 5721 |
| employer. | 5722 |
| No employee shall be temporarily transferred more than once | 5723 |
| during any six-month period without the approval of the director | 5724 |
|
of administrative services, who, by rule, shall set
guidelines | 5725 |
| 5726 | |
| all appointing authorities when making a temporary transfer and | 5727 |
| list those classifications where the nature of the employment is | 5728 |
| such that systematic changes in the location of an employee's work | 5729 |
| assignments are necessary for the efficient operation of an | 5730 |
| office, department, or institution. | 5731 |
| If the director approves a second temporary transfer within | 5732 |
| any six-month period and the employee objects to the transfer | 5733 |
|
because | 5734 |
|
director's rules | 5735 |
| changes in the employee's work assignment or because it is not | 5736 |
| necessary for the efficient operation of the office, department, | 5737 |
| or institution, the employee may appeal such transfer to the state | 5738 |
| personnel board of review. If the board finds that the position | 5739 |
| held by the employee is not by its nature subject to systematic | 5740 |
| changes or that a temporary transfer is not necessary for the | 5741 |
| efficient operation of the office, department, or institution, it | 5742 |
| shall not approve the transfer. If the board finds that the | 5743 |
| temporary transfer is necessary for the efficient operation of the | 5744 |
| office, department, or institution or that the position is by its | 5745 |
| nature subject to systematic changes, it shall approve the | 5746 |
| transfer. | 5747 |
| Any employee who is temporarily transferred from | 5748 |
| employee's original position to a similar position in excess of | 5749 |
| twenty
miles
from | 5750 |
| reimbursed, by the appointing authority requesting the transfer, | 5751 |
| for all actual and
necessary expenses incurred during | 5752 |
| temporary transfer. | 5753 |
| An appointing authority may, with the approval of the | 5754 |
| director of administrative services, permanently transfer an | 5755 |
|
employee in the classified civil service of the state from | 5756 |
| employee's original position to a similar position in another | 5757 |
| office, department, or institution. For purposes of this section, | 5758 |
| a permanent transfer is any transfer in excess of thirty days | 5759 |
| unless the employee and the employer agree to a longer period not | 5760 |
| to exceed ninety days. The appointing authority requesting the | 5761 |
| permanent transfer shall notify the employee and the director in | 5762 |
| writing of the request to transfer. If the director determines | 5763 |
| that the transfer is not necessary for the efficient operation of | 5764 |
| the office, department,
or institution, | 5765 |
| approve the transfer and shall notify the appointing authority and | 5766 |
| the employee in writing that
transfer is not approved. If | 5767 |
| director finds that the transfer is necessary for the efficient | 5768 |
| operation of the office, department,
or institution, | 5769 |
| director shall notify the appointing authority and the employee | 5770 |
| involved in the request for transfer, in writing, that the | 5771 |
| transfer is approved, including in such notification a statement | 5772 |
| whether the transfer will require a permanent change of residence | 5773 |
| for the employee. | 5774 |
| If the employee consents to the transfer and is in agreement | 5775 |
| with the director's statement concerning a permanent change of | 5776 |
| residence, the appointing authority of the office, department, or | 5777 |
| institution receiving the employee shall reimburse
| 5778 |
| employee for | 5779 |
| or, if the move requires a permanent change of
residence, | 5780 |
| actual and necessary expenses of moving to | 5781 |
| and a per diem allowance not to exceed thirty days for living | 5782 |
| expenses until | 5783 |
| new location. | 5784 |
| If the employee does not wish to be transferred or | 5785 |
| that the director's decision regarding the need for a permanent | 5786 |
|
change of residence has been unfair, | 5787 |
|
ten days after
receipt of | 5788 |
| the state personnel board of review, but pending determination of | 5789 |
| 5790 |
| In such an appeal, the appointing authority of the office, | 5791 |
| department, or institution receiving the employee shall be | 5792 |
| required to show that the permanent transfer is necessary for the | 5793 |
| efficient operation of the office, department, or institution. If | 5794 |
| the state personnel board of review finds that the transfer is | 5795 |
| necessary for the efficient operation of the office, department, | 5796 |
| or institution, and the employee is transferred, the appointing | 5797 |
| authority of the office, department, or institution receiving the | 5798 |
|
employee shall reimburse | 5799 |
|
necessary expenses of moving to | 5800 |
| the employee a per diem allowance not to exceed thirty days for | 5801 |
|
living expenses until | 5802 |
| the new location. | 5803 |
| If the state personnel board of review finds that the | 5804 |
| transfer is not necessary for the efficient operation of the | 5805 |
| office, department, or institution, and if the employee has moved | 5806 |
|
to the new location pending | 5807 |
| authority of the receiving office, department, or institution | 5808 |
| shall pay the actual and necessary expenses of the employee of | 5809 |
| moving to the new location and actual and necessary expenses for | 5810 |
| returning the
employee to | 5811 |
| Sec. 124.34. (A) The tenure of every officer or employee in | 5812 |
| the classified service of the state and the counties, civil | 5813 |
| service townships, cities, city health districts, general health | 5814 |
| districts, and city school districts of the state, holding a | 5815 |
| position under this chapter, shall be during good behavior and | 5816 |
| efficient service. No | 5817 |
| pay or position, fined, suspended, or removed, except as provided | 5818 |
| in section 124.32 of the Revised Code, and for incompetency, | 5819 |
| inefficiency, dishonesty, drunkenness, immoral conduct, | 5820 |
| insubordination, discourteous treatment of the public, neglect of | 5821 |
| duty, violation of this chapter or the rules of the director of | 5822 |
| administrative services or the commission, any other failure of | 5823 |
| good behavior, any other acts of misfeasance, malfeasance, or | 5824 |
| nonfeasance in office, or conviction of a
felony.
| 5825 |
| An appointing authority may require an employee who is | 5826 |
| suspended to report to work to serve the suspension. An employee | 5827 |
| serving a suspension in this manner shall continue to be | 5828 |
| compensated at the employee's regular rate of pay for hours | 5829 |
| worked. | 5830 |
| employee's personnel file in the same manner as other disciplinary | 5831 |
| actions and has the same effect as a suspension without pay for | 5832 |
| the purpose of recording disciplinary actions. | 5833 |
| A finding by the appropriate ethics commission, based upon a | 5834 |
| preponderance of the evidence, that the facts alleged in a | 5835 |
| complaint under section 102.06 of the Revised Code constitute a | 5836 |
| violation of Chapter 102., section 2921.42, or section 2921.43 of | 5837 |
| the Revised Code may constitute grounds for dismissal. Failure to | 5838 |
| file a statement or falsely filing a statement required by section | 5839 |
| 102.02 of the Revised Code may also constitute grounds for | 5840 |
| dismissal. The tenure of an employee in the career professional | 5841 |
| service of the department of transportation is subject to section | 5842 |
| 5501.20 of the Revised Code. | 5843 |
| Conviction of a felony is a separate basis for reducing in | 5844 |
| pay or position, suspending, or removing an officer or employee, | 5845 |
| even if the officer or employee has already been reduced in pay or | 5846 |
| position, suspended, or removed for the same conduct that is the | 5847 |
| basis of the felony. An officer or employee may not appeal to the | 5848 |
| state personnel board of review or the commission any disciplinary | 5849 |
| action taken by an appointing authority as a result of the | 5850 |
| officer's or employee's conviction of a felony. If an officer or | 5851 |
| employee removed under this section is reinstated as a result of | 5852 |
| an appeal of the removal, any conviction of a felony that occurs | 5853 |
| during the pendency of the appeal is a basis for further | 5854 |
| disciplinary action under this section upon the officer's or | 5855 |
| employee's reinstatement. | 5856 |
| A person convicted of a felony immediately forfeits the | 5857 |
| person's status as a classified employee in any public employment | 5858 |
| on and after the date of the conviction for the felony. If an | 5859 |
| officer or employee is removed under this section as a result of | 5860 |
| being convicted of a felony or is subsequently convicted of a | 5861 |
| felony that involves the same conduct that was the basis for the | 5862 |
| removal, the officer or employee is barred from receiving any | 5863 |
| compensation after the removal notwithstanding any modification or | 5864 |
| disaffirmance of the removal, unless the conviction for the felony | 5865 |
| is subsequently reversed or annulled. | 5866 |
| Any person removed for conviction of a felony is entitled to | 5867 |
| a cash payment for any accrued but unused sick, personal, and | 5868 |
| vacation leave as authorized by law. If subsequently reemployed in | 5869 |
| the public sector, | 5870 |
| these forms of leave in the manner specified by law for a newly | 5871 |
| appointed employee and shall not be credited with prior public | 5872 |
| service for the purpose of receiving these forms of leave. | 5873 |
| As used in this division, "felony" means any of the | 5874 |
| following: | 5875 |
| (1) A felony that is an offense of violence as defined in | 5876 |
| section 2901.01 of the Revised Code; | 5877 |
| (2) A felony that is a felony drug abuse offense as defined | 5878 |
| in section 2925.01 of the Revised Code; | 5879 |
| (3) A felony under the laws of this or any other state or the | 5880 |
| United States that is a crime of moral turpitude; | 5881 |
| (4) A felony involving dishonesty, fraud, or theft; | 5882 |
| (5) A felony that is a violation of section 2921.05, 2921.32, | 5883 |
| or 2921.42 of the Revised Code. | 5884 |
| (B) In case of a reduction, suspension of more than three | 5885 |
| working days, fine in excess of three days' pay, or removal, | 5886 |
| except for the reduction or removal of a probationary employee, | 5887 |
| the appointing authority shall serve the employee with a copy of | 5888 |
| the order of reduction, fine, suspension, or removal, which order | 5889 |
| shall state the reasons for the action. The order shall be filed | 5890 |
| with the director of administrative services, in the case of an | 5891 |
| employee in the service of the state, and the state personnel | 5892 |
| board of review | 5893 |
| Within ten days following the date on which the order is | 5894 |
| served or, in the case of an employee in the career professional | 5895 |
| service of the department of transportation, within ten days | 5896 |
| following the filing of a removal order, the employee, except as | 5897 |
| otherwise provided in this section, may file an appeal of the | 5898 |
| order in writing with the state personnel board of review or the | 5899 |
| commission. For purposes of this section, the date on which an | 5900 |
| order is served is the date of hand delivery of the order or the | 5901 |
| date of delivery of the order by certified United States mail, | 5902 |
| whichever occurs
first. If | 5903 |
| commission shall forthwith notify the appointing authority and | 5904 |
| shall hear, or appoint a trial board to hear, the appeal within | 5905 |
| thirty days from and after its filing with the board or | 5906 |
| commission, and it may affirm, disaffirm, or modify the judgment | 5907 |
| of the appointing authority. | 5908 |
| In cases of removal or reduction in pay for disciplinary | 5909 |
| reasons, either the appointing authority or the officer or | 5910 |
| employee may appeal from the decision of the state personnel board | 5911 |
| of review or the commission to the court of common pleas of the | 5912 |
| county in which the employee resides in accordance with the | 5913 |
| procedure provided by section 119.12 of the Revised Code. | 5914 |
| (C) In the case of the suspension for any period of time, or | 5915 |
| a fine,
demotion, or removal, of a chief of police | 5916 |
| a fire department, or any member of the police or fire department | 5917 |
| of a city or civil service township, the appointing authority | 5918 |
| shall
furnish | 5919 |
| of the order of suspension, fine, demotion, or removal, which | 5920 |
| order shall state the reasons for the action. The order shall be | 5921 |
| filed with the municipal or civil service township civil service | 5922 |
| commission. Within ten days following the filing of the order, | 5923 |
| 5924 | |
| writing, with the
| 5925 |
| 5926 | |
| shall forthwith notify the appointing authority and shall hear, or | 5927 |
| appoint a trial board to hear, the appeal within thirty days from | 5928 |
| and after its filing with the commission, and it may affirm, | 5929 |
| disaffirm, or modify the judgment of the appointing authority. An | 5930 |
| appeal on questions of law and fact may be had from the decision | 5931 |
| of the | 5932 |
| commission to the court of common pleas in the county in which | 5933 |
| 5934 | |
| appeal shall be taken within thirty days from the finding of the | 5935 |
| commission. | 5936 |
| (D) A violation of division (A)(7) of section 2907.03 of the | 5937 |
| Revised Code is grounds for termination of employment of a | 5938 |
| nonteaching employee under this section. | 5939 |
| Sec. 125.05. Except as provided in division (E) of this | 5940 |
| section, no state agency shall purchase any supplies or services | 5941 |
| except as provided in divisions (A) to (C) of this section. | 5942 |
| (A) Subject to division (D) of this section, a state agency | 5943 |
| may, without competitive selection, make any purchase of services | 5944 |
| that cost fifty thousand dollars or less or any purchase of | 5945 |
| supplies that cost twenty-five thousand dollars or less. The | 5946 |
| agency may make the purchase directly or may make the purchase | 5947 |
| from or through the department of administrative services, | 5948 |
| whichever the agency determines. The department shall establish | 5949 |
| written procedures to assist state agencies when they make direct | 5950 |
| purchases. If the agency makes the purchase directly, it shall | 5951 |
| make the purchase by a term contract whenever possible. | 5952 |
| (B) Subject to division (D) of this section, a state agency | 5953 |
| wanting to purchase services that cost more than fifty thousand | 5954 |
| dollars or supplies that cost more than twenty-five thousand | 5955 |
| dollars shall, unless otherwise authorized by law, make the | 5956 |
| purchase from or through the department. The department shall make | 5957 |
| the purchase by competitive selection under section 125.07 of the | 5958 |
| Revised Code. If the director of administrative services | 5959 |
| determines that it is not possible or not advantageous to the | 5960 |
| state for the department to make the purchase, the department | 5961 |
| shall grant the agency a release and permit under section 125.06 | 5962 |
| of the Revised Code to make the purchase. Section 127.16 of the | 5963 |
| Revised Code does not apply to purchases the department makes | 5964 |
| under this section. | 5965 |
| (C) An agency that has been granted a release and permit to | 5966 |
| make a purchase may make the purchase without competitive | 5967 |
| selection if after making the purchase the cumulative purchase | 5968 |
| threshold as computed under division (F) of section 127.16 of the | 5969 |
| Revised Code would: | 5970 |
| (1) Be exceeded and the controlling board approves the | 5971 |
| purchase; | 5972 |
| (2) Not be exceeded and the department of administrative | 5973 |
| services approves the purchase. | 5974 |
| (D) Not later than January 31, 1997, the amounts specified in | 5975 |
| divisions (A) and (B) of this section and, not later than the | 5976 |
| thirty-first day of January of each second year thereafter, any | 5977 |
| amounts computed by adjustments made under this division, shall be | 5978 |
| increased or decreased by the average percentage increase or | 5979 |
| decrease in the consumer price index prepared by the United States | 5980 |
| bureau of labor statistics (U.S. City Average for Urban Wage | 5981 |
| Earners and Clerical Workers: "All Items 1982-1984=100") for the | 5982 |
| twenty-four calendar month period prior to the immediately | 5983 |
| preceding first day of January over the immediately preceding | 5984 |
| twenty-four calendar month period, as reported by the bureau. The | 5985 |
| director of administrative services shall make this determination | 5986 |
| and adjust the appropriate amounts accordingly. | 5987 |
| (E) If | 5988 |
| education,
| 5989 |
| designated by the governor to assume the functions of the Ohio | 5990 |
| SchoolNet commission determines that it can purchase software | 5991 |
| services or supplies for specified school districts at a price | 5992 |
| less than the price for which the districts could purchase the | 5993 |
| same software services or supplies for
themselves, the | 5994 |
| department, | 5995 |
| department of administrative services and, acting as an agent for | 5996 |
| the specified school districts, shall make that purchase without | 5997 |
| following the provisions in divisions (A) to (D) of this section. | 5998 |
| Sec. 125.18. (A) There is hereby established the office of | 5999 |
| information technology in the department of administrative | 6000 |
| services. The office shall be under the supervision of a chief | 6001 |
| information officer to be appointed by the governor and subject to | 6002 |
| removal at the pleasure of the governor. The chief information | 6003 |
| officer shall serve as the director of the office. | 6004 |
| (B) The director of the office of information technology | 6005 |
| shall advise the governor regarding the superintendence and | 6006 |
| implementation of statewide information technology policy. | 6007 |
| (C) The director of the office of information technology | 6008 |
| shall lead, oversee, and direct state agency activities related to | 6009 |
| information technology development and use. In that regard, the | 6010 |
| director shall do all of the following: | 6011 |
| (1) Coordinate and superintend statewide efforts to promote | 6012 |
| common use and development of technology by multiple state | 6013 |
| agencies. The office of information technology relatedly shall | 6014 |
| establish policies and standards that govern and direct state | 6015 |
| agency participation in statewide programs and initiatives. | 6016 |
| (2) Establish policies and standards for the acquisition and | 6017 |
| use of information technology by state agencies, including, but | 6018 |
| not limited to, hardware, software, technology services, and | 6019 |
| security, with which state agencies shall comply; | 6020 |
| (3) Establish criteria and review processes to identify state | 6021 |
| agency information technology projects that require alignment or | 6022 |
| oversight. As appropriate, the office of information technology | 6023 |
| shall provide the governor and the director of budget and | 6024 |
| management with notice and advice regarding the appropriate | 6025 |
| allocation of resources for those projects. The director of the | 6026 |
| office of information technology may require state agencies to | 6027 |
| provide, and may prescribe the form and manner by which they must | 6028 |
| provide, information to fulfill the director's alignment and | 6029 |
| oversight role. | 6030 |
| (D) The office of information technology may make contracts | 6031 |
| for, operate, and superintend technology services for state | 6032 |
| agencies in accordance with this chapter. | 6033 |
| (E) The office of information technology may establish | 6034 |
| cooperative agreements with federal and local government agencies | 6035 |
| and state agencies that are not under the authority of the | 6036 |
| governor for the provision of technology services and the | 6037 |
| development of technology projects. | 6038 |
| (F) As used in this section, "state agency" means every | 6039 |
| organized body, office, or agency established by the laws of the | 6040 |
| state for the exercise of any function of state government, other | 6041 |
| than any state-supported institution of higher education, the | 6042 |
| general assembly or any legislative agency, or the courts or any | 6043 |
| judicial agency. | 6044 |
| Sec. 125.831. As used in sections 125.831 to 125.833 of the | 6045 |
| Revised Code: | 6046 |
| (A) "Law enforcement officer" means an officer, agent, or | 6047 |
| employee of a state agency upon whom, by statute, a duty to | 6048 |
| conserve the peace or to enforce all or certain laws is imposed | 6049 |
| and the authority to arrest violators is conferred, within the | 6050 |
| limits of that statutory duty and authority, but does not include | 6051 |
| such an officer, agent, or employee if that duty and authority is | 6052 |
| location specific. | 6053 |
| (B)(1) "Motor vehicle" means any automobile, car minivan, | 6054 |
| passenger van, sport utility vehicle, or pickup truck with a gross | 6055 |
| vehicle weight of under twelve thousand pounds. | 6056 |
| (2) "Motor vehicle" does not include, except for the purposes | 6057 |
| of division (C) of section 125.832 of the Revised Code, any | 6058 |
| vehicle described in division (B)(1) of this section that is used | 6059 |
| by a law enforcement officer and law enforcement agency or any | 6060 |
| vehicle that is so described and that is equipped with specialized | 6061 |
| equipment that is not normally found in such a vehicle and that is | 6062 |
| used to carry out a state agency's specific and specialized duties | 6063 |
| and responsibilities. | 6064 |
| (C) "Specialized equipment" does not include standard mobile | 6065 |
| radios with no capabilities other than voice communication, | 6066 |
| exterior and interior lights, or roof-mounted caution lights. | 6067 |
| (D) "State agency" means every organized body, office, board, | 6068 |
| authority, commission, or agency established by the laws of the | 6069 |
| state for the exercise of any governmental or quasi-governmental | 6070 |
| function of state government regardless of the funding source for | 6071 |
| that entity, other than any state-supported institution of higher | 6072 |
| education, the office of the governor, lieutenant governor, | 6073 |
| auditor of state, treasurer of state, secretary of state, or | 6074 |
| attorney general, the general assembly or any legislative agency, | 6075 |
| 6076 | |
| system or retirement program established by or referenced in the | 6077 |
| Revised Code. | 6078 |
| Sec. 125.832. (A) The department of administrative services | 6079 |
| is granted exclusive authority over the acquisition and management | 6080 |
| of all motor vehicles used by state agencies. In carrying out this | 6081 |
| authority, the department shall do both of the following: | 6082 |
| (1) Approve the purchase or lease of each motor vehicle for | 6083 |
| use by a state agency. The department shall decide if a motor | 6084 |
| vehicle shall be leased or purchased for that use. | 6085 |
| (2) Direct and approve all funds that are expended for the | 6086 |
| purchase, lease, repair, maintenance, registration, insuring, and | 6087 |
| other costs related to the possession and operation of motor | 6088 |
| vehicles for the use of state agencies. | 6089 |
| (B) The director of administrative services shall establish | 6090 |
| and operate a fleet management program. The director shall operate | 6091 |
| the program for purposes including, but not limited to, | 6092 |
| cost-effective acquisition, maintenance, management, analysis, and | 6093 |
| disposal of all motor vehicles owned or leased by the state. All | 6094 |
| state agencies shall comply with statewide fleet management | 6095 |
| policies and procedures established by the director for the | 6096 |
| program, including, but not limited to, motor vehicle assignments, | 6097 |
| additions of motor vehicles to fleets or motor vehicle | 6098 |
| replacements, motor vehicle fueling, and motor vehicle repairs. | 6099 |
| (C) The director shall establish and maintain a fleet | 6100 |
| reporting system and shall require state agencies to submit to the | 6101 |
| department information relative to state motor vehicles, including | 6102 |
| motor vehicles described in division (B)(2) of section 125.831 of | 6103 |
| the Revised Code, to be used in operating the fleet management | 6104 |
| program. State agencies shall provide to the department fleet data | 6105 |
| and other information, including, but not limited to, mileage and | 6106 |
| costs. The data and other information shall be submitted in | 6107 |
| formats and in a manner determined by the department. | 6108 |
| (D) All state agency purchases or leases of motor vehicles | 6109 |
| are subject to the prior approval of the director under division | 6110 |
| (A)(1) of this section. | 6111 |
| (E) State agencies that utilize state motor vehicles or pay | 6112 |
| mileage reimbursements to employees shall provide a fleet plan to | 6113 |
| the department as directed by the department. | 6114 |
| (F)(1) The fleets of state agencies that consist of one | 6115 |
| hundred or less vehicles on July 1, 2004, shall be managed by the | 6116 |
| department's fleet management program on a time schedule | 6117 |
| determined by the department, unless the state agency has received | 6118 |
| delegated authority as described in division (G) of this section. | 6119 |
| (2) The fleets of state agencies that consist of greater than | 6120 |
| one hundred motor vehicles, but less than five hundred motor | 6121 |
| vehicles, on July 1, 2005, also shall be managed by the | 6122 |
| department's fleet management program on a time schedule | 6123 |
| determined by the department, unless the state agency has received | 6124 |
| delegated authority as described in division (G) of this section. | 6125 |
| (G)(1) The department may delegate any or all of its duties | 6126 |
| regarding fleet management to a state agency, if the state agency | 6127 |
| demonstrates to the satisfaction of the department both of the | 6128 |
| following: | 6129 |
| (a) Capabilities to institute and manage a fleet management | 6130 |
| program, including, but not limited to, the presence of a | 6131 |
| certified fleet manager; | 6132 |
| (b) Fleet management performance, as demonstrated by fleet | 6133 |
| data and other information submitted pursuant to annual reporting | 6134 |
| requirements and any other criteria the department considers | 6135 |
| necessary in evaluating the performance. | 6136 |
| (2) The department may determine that a state agency is not | 6137 |
| in compliance with this section and direct that the agency's fleet | 6138 |
| management duties be transferred to the department. | 6139 |
| (H) The proceeds derived from the disposition of any motor | 6140 |
| vehicles under this section shall be paid to whichever of the | 6141 |
| following applies: | 6142 |
| (1) The fund that originally provided moneys for the purchase | 6143 |
| or lease of the motor vehicles; | 6144 |
| (2) If the motor vehicles were originally purchased with | 6145 |
| moneys derived from the general revenue fund, the proceeds shall | 6146 |
| be deposited, in the director's discretion, into the state | 6147 |
| treasury | 6148 |
| created by section 125.83 of the Revised Code or the investment | 6149 |
| recovery fund created by section 125.14 of the Revised Code. | 6150 |
| (I)(1) The department shall create and maintain a certified | 6151 |
| fleet manager program. | 6152 |
| (2) State agencies that have received delegated authority as | 6153 |
| described in division (G) of this section shall have a certified | 6154 |
| fleet manager. | 6155 |
| (J) The department annually shall prepare and submit a | 6156 |
| statewide fleet report to the governor, the speaker of the house | 6157 |
| of representatives, and the president of the senate. The report | 6158 |
| shall be submitted not later than the thirty-first day of January | 6159 |
| following the end of each fiscal year. It may include, but is not | 6160 |
| limited to, the numbers and types of motor vehicles, their | 6161 |
| mileage, miles per gallon, and cost per mile, mileage | 6162 |
| reimbursements, accident and insurance data, and information | 6163 |
| regarding compliance by state agencies having delegated authority | 6164 |
| under division (G) of this section with applicable fleet | 6165 |
| management requirements. | 6166 |
| (K) The director shall adopt rules for implementing the fleet | 6167 |
| management program that are consistent with recognized best | 6168 |
| practices. The program shall be supported by reasonable fee | 6169 |
| charges for the services provided. The director shall collect | 6170 |
| these fees and deposit them into the state treasury to the credit | 6171 |
| for the fleet management fund created by section 125.83 of the | 6172 |
| Revised Code. The setting and collection of fees under this | 6173 |
| division is not subject to any restriction imposed by law upon the | 6174 |
| director's or the department's authority to set or collect fees. | 6175 |
| (L) The director also shall adopt rules that prohibit, except | 6176 |
| in very limited circumstances, the exclusive assignment of | 6177 |
| state-owned, leased, or pooled motor vehicles to state employees. | 6178 |
| Beginning on | 6179 |
| 2003, no such motor vehicle shall be personally assigned as any | 6180 |
| form of compensation or benefit of state employment, and no such | 6181 |
| motor vehicle shall be assigned to an employee solely for | 6182 |
| commuting to and from home and work. | 6183 |
| (M) The director shall do both of the following: | 6184 |
| (1) Implement to the greatest extent possible the | 6185 |
| recommendations from the 2002 report entitled "Administrative | 6186 |
| Analysis of the Ohio Fleet Management Program" in connection with | 6187 |
| the authority granted to the department by this section; | 6188 |
| (2) Attempt to reduce the number of passenger vehicles used | 6189 |
| by state agencies during the fiscal years ending on June 30, 2004, | 6190 |
| and June 30, 2005. | 6191 |
| (N) Each state agency shall reimburse the department for all | 6192 |
| costs incurred in the assignment of motor vehicles to the state | 6193 |
| agency. | 6194 |
| (O) The director shall do all of the following in managing | 6195 |
| the fleet management program: | 6196 |
| (1) Determine how motor vehicles will be maintained, insured, | 6197 |
| operated, financed, and licensed; | 6198 |
| (2) Pursuant to the formula in division (O)(3) of this | 6199 |
| section, annually establish the minimum number of business miles | 6200 |
| per year an employee of a state agency must drive in order to | 6201 |
| qualify for approval by the department to receive a motor vehicle | 6202 |
| for business use; | 6203 |
| (3) Establish the minimum number of business miles per year | 6204 |
| at an amount that results when the annual motor vehicle cost is | 6205 |
| divided by the amount that is the reimbursement rate per mile | 6206 |
| minus the amount that is the sum of the fuel cost, the operating | 6207 |
| cost, and the insurance cost. As used in this division: | 6208 |
| (a) "Annual motor vehicle cost" means the price of a motor | 6209 |
| vehicle divided by the number of years an average motor vehicle is | 6210 |
| used. | 6211 |
| (b) "Fuel cost" means the average price per gallon of motor | 6212 |
| fuel divided by the miles per gallon fuel efficiency of a motor | 6213 |
| vehicle. | 6214 |
| (c) "Insurance cost" means the cost of insuring a motor | 6215 |
| vehicle per year divided by the number of miles an average motor | 6216 |
| vehicle is driven per year. | 6217 |
| (d) "Operating cost" means the maintenance cost of a motor | 6218 |
| vehicle per year divided by the product resulting when the number | 6219 |
| of miles an average motor vehicle is driven per year is multiplied | 6220 |
| by the number of years an average motor vehicle is used. | 6221 |
| (e) "Reimbursement rate per mile" means the reimbursement per | 6222 |
| mile rate for travel expenses as provided by rule of the director | 6223 |
| of budget and management adopted under division (B) of section | 6224 |
| 126.31 of the Revised Code. | 6225 |
| Sec. 126.25. The accounting and budgeting services provided | 6226 |
| by the director of budget and management shall be supported by | 6227 |
| user charges. The director shall determine a rate that is | 6228 |
| sufficient to defray the expense of those services and the manner | 6229 |
| by which those charges shall be collected. All money collected | 6230 |
| from user charges shall be deposited in the state treasury to the | 6231 |
|
credit of the | 6232 |
| created. Rebates or revenue shares received from any state payment | 6233 |
| card program established under division (B) of section 126.21 of | 6234 |
| the Revised Code and miscellaneous payments that reimburse | 6235 |
| expenses paid from the | 6236 |
| deposited into
the | 6237 |
| support accounting and budgeting services. | 6238 |
| Sec. 127.16. (A) Upon the request of either a state agency | 6239 |
| or the director of budget and management and after the controlling | 6240 |
| board determines that an emergency or a sufficient economic reason | 6241 |
| exists, the controlling board may approve the making of a purchase | 6242 |
| without competitive selection as provided in division (B) of this | 6243 |
| section. | 6244 |
| (B) Except as otherwise provided in this section, no state | 6245 |
| agency, using money that has been appropriated to it directly, | 6246 |
| shall: | 6247 |
| (1) Make any purchase from a particular supplier, that would | 6248 |
| amount to fifty thousand dollars or more when combined with both | 6249 |
| the amount of all disbursements to the supplier during the fiscal | 6250 |
| year for purchases made by the agency and the amount of all | 6251 |
| outstanding encumbrances for purchases made by the agency from the | 6252 |
| supplier, unless the purchase is made by competitive selection or | 6253 |
| with the approval of the controlling board; | 6254 |
| (2) Lease real estate from a particular supplier, if the | 6255 |
| lease would amount to seventy-five thousand dollars or more when | 6256 |
| combined with both the amount of all disbursements to the supplier | 6257 |
| during the fiscal year for real estate leases made by the agency | 6258 |
| and the amount of all outstanding encumbrances for real estate | 6259 |
| leases made by the agency from the supplier, unless the lease is | 6260 |
| made by competitive selection or with the approval of the | 6261 |
| controlling board. | 6262 |
| (C) Any person who authorizes a purchase in violation of | 6263 |
| division (B) of this section shall be liable to the state for any | 6264 |
| state funds spent on the purchase, and the attorney general shall | 6265 |
| collect the amount from the person. | 6266 |
| (D) Nothing in division (B) of this section shall be | 6267 |
| construed as: | 6268 |
| (1) A limitation upon the authority of the director of | 6269 |
| transportation as granted in sections 5501.17, 5517.02, and | 6270 |
| 5525.14 of the Revised Code; | 6271 |
| (2) Applying to medicaid provider agreements under Chapter | 6272 |
|
5111. of the Revised Code
| 6273 |
| 6274 | |
| 6275 |
| (3) Applying to the purchase of examinations from a sole | 6276 |
| supplier by a state licensing board under Title XLVII of the | 6277 |
| Revised Code; | 6278 |
| (4) Applying to entertainment contracts for the Ohio state | 6279 |
| fair entered into by the Ohio expositions commission, provided | 6280 |
| that the controlling board has given its approval to the | 6281 |
| commission to enter into such contracts and has approved a total | 6282 |
| budget amount for such contracts as agreed upon by commission | 6283 |
| action, and that the commission causes to be kept itemized records | 6284 |
| of the amounts of money spent under each contract and annually | 6285 |
| files those records with the clerk of the house of representatives | 6286 |
| and the clerk of the senate following the close of the fair; | 6287 |
| (5) Limiting the authority of the chief of the division of | 6288 |
| mineral resources management to contract for reclamation work with | 6289 |
| an operator mining adjacent land as provided in section 1513.27 of | 6290 |
| the Revised Code; | 6291 |
| (6) Applying to investment transactions and procedures of any | 6292 |
| state agency, except that the agency shall file with the board the | 6293 |
| name of any person with whom the agency contracts to make, broker, | 6294 |
| service, or otherwise manage its investments, as well as the | 6295 |
| commission, rate, or schedule of charges of such person with | 6296 |
| respect to any investment transactions to be undertaken on behalf | 6297 |
| of the agency. The filing shall be in a form and at such times as | 6298 |
| the board considers appropriate. | 6299 |
| (7) Applying to purchases made with money for the per cent | 6300 |
| for arts program established by section 3379.10 of the Revised | 6301 |
| Code; | 6302 |
| (8) Applying to purchases made by the rehabilitation services | 6303 |
| commission of services, or supplies, that are provided to persons | 6304 |
| with disabilities, or to purchases made by the commission in | 6305 |
| connection with the eligibility determinations it makes for | 6306 |
| applicants of programs administered by the social security | 6307 |
| administration; | 6308 |
| (9) Applying to payments by the department of job and family | 6309 |
| services under section 5111.13 of the Revised Code for group | 6310 |
| health plan premiums, deductibles, coinsurance, and other | 6311 |
| cost-sharing expenses; | 6312 |
| (10) Applying to any agency of the legislative branch of the | 6313 |
| state government; | 6314 |
| (11) Applying to agreements or contracts entered into under | 6315 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 6316 |
| Revised Code; | 6317 |
| (12) Applying to purchases of services by the adult parole | 6318 |
| authority under section 2967.14 of the Revised Code or by the | 6319 |
| department of youth services under section 5139.08 of the Revised | 6320 |
| Code; | 6321 |
| (13) Applying to dues or fees paid for membership in an | 6322 |
| organization or association; | 6323 |
| (14) Applying to purchases of utility services pursuant to | 6324 |
| section 9.30 of the Revised Code; | 6325 |
| (15) Applying to purchases made in accordance with rules | 6326 |
| adopted by the department of administrative services of motor | 6327 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 6328 |
| such vehicles; | 6329 |
| (16) Applying to purchases of tickets for passenger air | 6330 |
| transportation; | 6331 |
| (17) Applying to purchases necessary to provide public | 6332 |
| notifications required by law or to provide notifications of job | 6333 |
| openings; | 6334 |
| (18) Applying to the judicial branch of state government; | 6335 |
| (19) Applying to purchases of liquor for resale by the | 6336 |
| division of liquor control; | 6337 |
| (20) Applying to purchases of motor courier and freight | 6338 |
| services made in accordance with department of administrative | 6339 |
| services rules; | 6340 |
| (21) Applying to purchases from the United States postal | 6341 |
| service and purchases of stamps and postal meter replenishment | 6342 |
| from vendors at rates established by the United States postal | 6343 |
| service; | 6344 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 6345 |
| newspapers, maintenance subscriptions, and other published | 6346 |
| materials; | 6347 |
| (23) Applying to purchases from other state agencies, | 6348 |
| including state-assisted institutions of higher education; | 6349 |
| (24) Limiting the authority of the director of environmental | 6350 |
| protection to enter into contracts under division (D) of section | 6351 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 6352 |
| defined in division (A) of that section; | 6353 |
| (25) Applying to purchases from a qualified nonprofit agency | 6354 |
| pursuant to sections 4115.31 to 4115.35 of the Revised Code; | 6355 |
| (26) Applying to payments by the department of job and family | 6356 |
| services to the United States department of health and human | 6357 |
| services for printing and mailing notices pertaining to the tax | 6358 |
| refund offset program of the internal revenue service of the | 6359 |
| United States department of the treasury; | 6360 |
| (27) Applying to contracts entered into by the department of | 6361 |
| mental retardation and developmental disabilities under sections | 6362 |
| 5123.18, 5123.182, and 5123.199 of the Revised Code; | 6363 |
| (28) Applying to payments made by the department of mental | 6364 |
| health under a physician recruitment program authorized by section | 6365 |
| 5119.101 of the Revised Code; | 6366 |
| (29) Applying to contracts entered into with persons by the | 6367 |
| director of commerce for unclaimed funds collection and remittance | 6368 |
| efforts as provided in division (F) of section 169.03 of the | 6369 |
| Revised Code. The director shall keep an itemized accounting of | 6370 |
| unclaimed funds collected by those persons and amounts paid to | 6371 |
| them for their services. | 6372 |
| (30) Applying to purchases made by a state institution of | 6373 |
| higher education in accordance with the terms of a contract | 6374 |
| between the vendor and an inter-university purchasing group | 6375 |
| comprised of purchasing officers of state institutions of higher | 6376 |
| education; | 6377 |
| (31) Applying to the department of job and family services' | 6378 |
| purchases of health assistance services under the children's | 6379 |
| health insurance program part I provided for under section 5101.50 | 6380 |
| of the Revised Code or the children's health insurance program | 6381 |
| part II provided for under section 5101.51 of the Revised Code; | 6382 |
| (32) Applying to payments by the attorney general from the | 6383 |
| reparations fund to hospitals and other emergency medical | 6384 |
| facilities for performing medical examinations to collect physical | 6385 |
| evidence pursuant to section 2907.28 of the Revised Code; | 6386 |
| (33) Applying to contracts with a contracting authority or | 6387 |
|
administrative receiver under division | 6388 |
| 6389 |
| (34) Applying to reimbursements paid to the United States | 6390 |
| department of veterans affairs for pharmaceutical and patient | 6391 |
| supply purchases made on behalf of the Ohio veterans' home agency; | 6392 |
| (35) Applying to agreements the department of job and family | 6393 |
| services enters into with terminal distributors of dangerous drugs | 6394 |
| under section 5110.12 of the Revised Code. | 6395 |
| (E) Notwithstanding division (B)(1) of this section, the | 6396 |
| cumulative purchase threshold shall be seventy-five thousand | 6397 |
| dollars for the departments of mental retardation and | 6398 |
| developmental disabilities, mental health, rehabilitation and | 6399 |
| correction, and youth services. | 6400 |
| (F) When determining whether a state agency has reached the | 6401 |
| cumulative purchase thresholds established in divisions (B)(1), | 6402 |
| (B)(2), and (E) of this section, all of the following purchases by | 6403 |
| such agency shall not be considered: | 6404 |
| (1) Purchases made through competitive selection or with | 6405 |
| controlling board approval; | 6406 |
| (2) Purchases listed in division (D) of this section; | 6407 |
| (3) For the purposes of the thresholds of divisions (B)(1) | 6408 |
| and (E) of this section only, leases of real estate. | 6409 |
| (G) As used in this section, "competitive selection," | 6410 |
| "purchase," "supplies," and "services" have the same meanings as | 6411 |
| in section 125.01 of the Revised Code. | 6412 |
| Sec. 131.23. The various political subdivisions of this | 6413 |
| state may issue bonds, and any indebtedness created by such | 6414 |
| issuance shall not be subject to the limitations or included in | 6415 |
| the calculation of indebtedness prescribed by sections 133.05, | 6416 |
| 133.06, 133.07, and 133.09 of the Revised Code, but such bonds may | 6417 |
| be issued only under the following conditions: | 6418 |
| (A) The subdivision desiring to issue such bonds shall obtain | 6419 |
| from the county auditor a certificate showing the total amount of | 6420 |
| delinquent taxes due and unpayable to such subdivision at the last | 6421 |
| semiannual tax settlement. | 6422 |
| (B) The fiscal officer of that subdivision shall prepare a | 6423 |
| statement, from the books of the subdivision, verified by the | 6424 |
| fiscal officer under oath, which shall contain the following facts | 6425 |
| of such subdivision: | 6426 |
| (1) The total bonded indebtedness; | 6427 |
| (2) The aggregate amount of notes payable or outstanding | 6428 |
| accounts of the subdivision, incurred prior to the commencement of | 6429 |
| the current fiscal year, which shall include all evidences of | 6430 |
| indebtedness issued by the subdivision except notes issued in | 6431 |
| anticipation of bond issues and the indebtedness of any | 6432 |
| nontax-supported public utility; | 6433 |
| (3) Except in the case of school districts, the aggregate | 6434 |
|
current year's requirement for disability
financial assistance | 6435 |
| 6436 | |
| Revised Code that the subdivision is unable to finance except by | 6437 |
| the issue of bonds; | 6438 |
| (4) The indebtedness outstanding through the issuance of any | 6439 |
| bonds or notes pledged or obligated to be paid by any delinquent | 6440 |
| taxes; | 6441 |
| (5) The total of any other indebtedness; | 6442 |
| (6) The net amount of delinquent taxes unpledged to pay any | 6443 |
| bonds, notes, or certificates, including delinquent assessments on | 6444 |
| improvements on which the bonds have been paid; | 6445 |
| (7) The budget requirements for the fiscal year for bond and | 6446 |
| note retirement; | 6447 |
| (8) The estimated revenue for the fiscal year. | 6448 |
| (C) The certificate and statement provided for in divisions | 6449 |
| (A) and (B) of this section shall be forwarded to the tax | 6450 |
| commissioner together with a request for authority to issue bonds | 6451 |
| of such subdivision in an amount not to exceed seventy per cent of | 6452 |
| the net unobligated delinquent taxes and assessments due and owing | 6453 |
| to such subdivision, as set forth in division (B)(6) of this | 6454 |
| section. | 6455 |
| (D) No subdivision may issue bonds under this section in | 6456 |
| excess of a sufficient amount to pay the indebtedness of the | 6457 |
| subdivision as shown by division (B)(2) of this section and, | 6458 |
| except in the case of school districts, to provide funds for | 6459 |
|
disability financial assistance | 6460 |
| as shown by division (B)(3) of this section. | 6461 |
| (E) The tax commissioner shall grant to such subdivision | 6462 |
| authority requested by such subdivision as restricted by divisions | 6463 |
| (C) and (D) of this section and shall make a record of the | 6464 |
| certificate, statement, and grant in a record book devoted solely | 6465 |
| to such recording and which shall be open to inspection by the | 6466 |
| public. | 6467 |
| (F) The commissioner shall immediately upon issuing the | 6468 |
| authority provided in division (E) of this section notify the | 6469 |
| proper authority having charge of the retirement of bonds of such | 6470 |
| subdivision by forwarding a copy of such grant of authority and of | 6471 |
| the statement provided for in division (B) of this section. | 6472 |
| (G) Upon receipt of authority, the subdivision shall proceed | 6473 |
| according to law to issue the amount of bonds authorized by the | 6474 |
| commissioner, and authorized by the taxing authority, provided the | 6475 |
| taxing authority of that subdivision may by resolution submit to | 6476 |
| the electors of that subdivision the question of issuing such | 6477 |
| bonds. Such resolution shall make the declarations and statements | 6478 |
| required by section 133.18 of the Revised Code. The county auditor | 6479 |
| and taxing authority shall thereupon proceed as set forth in | 6480 |
| divisions (C) and (D) of such section. The election on the | 6481 |
| question of issuing such bonds shall be held under divisions (E), | 6482 |
| (F), and (G) of such section, except that publication of the | 6483 |
| notice of such election shall be made on four separate days prior | 6484 |
| to such election in one or more newspapers of general circulation | 6485 |
| in the subdivisions. Such bonds may be exchanged at their face | 6486 |
| value with creditors of the subdivision in liquidating the | 6487 |
| indebtedness described and enumerated in division (B)(2) of this | 6488 |
| section or may be sold as provided in Chapter 133. of the Revised | 6489 |
| Code, and in either event shall be uncontestable. | 6490 |
| (H) The per cent of delinquent taxes and assessments | 6491 |
| collected for and to the credit of the subdivision after the | 6492 |
| exchange or sale of bonds as certified by the commissioner shall | 6493 |
| be paid to the authority having charge of the sinking fund of the | 6494 |
| subdivision, which money shall be placed in a separate fund for | 6495 |
| the purpose of retiring the bonds so issued. The proper authority | 6496 |
| of the subdivisions shall provide for the levying of a tax | 6497 |
| sufficient in amount to pay the debt charges on all such bonds | 6498 |
| issued under this section. | 6499 |
| (I) This section is for the sole purpose of assisting the | 6500 |
| various subdivisions in paying their unsecured indebtedness, and | 6501 |
|
providing funds for disability financial assistance | 6502 |
| 6503 | |
| section shall not be used for any other purpose and any exchange | 6504 |
| for other purposes, or the use of the money derived from the sale | 6505 |
| of such bonds by the subdivision for any other purpose, is | 6506 |
| misapplication of funds. | 6507 |
| (J) The bonds authorized by this section shall be redeemable | 6508 |
| or payable in not to exceed ten years from date of issue and shall | 6509 |
| not be subject to or considered in calculating the net | 6510 |
| indebtedness of the subdivision. The budget commission of the | 6511 |
| county in which the subdivision is located shall annually allocate | 6512 |
| such portion of the then delinquent levy due such subdivision | 6513 |
| which is unpledged for other purposes to the payment of debt | 6514 |
| charges on the bonds issued under authority of this section. | 6515 |
| (K) The issue of bonds under this section shall be governed | 6516 |
| by Chapter 133. of the Revised Code, respecting the terms used, | 6517 |
| forms, manner of sale, and redemption except as otherwise provided | 6518 |
| in this section. | 6519 |
| The board of county commissioners of any county may issue | 6520 |
| bonds authorized by this section and distribute the proceeds of | 6521 |
| such bond issues to any or all of the cities and townships of such | 6522 |
| counties, according to their relative needs for disability | 6523 |
|
financial assistance | 6524 |
| determined by such county. | 6525 |
| All sections of the Revised Code inconsistent with or | 6526 |
| prohibiting the exercise of the authority conferred by this | 6527 |
| section are inoperative respecting bonds issued under this | 6528 |
| section. | 6529 |
| Sec. 140.01. As used in this chapter: | 6530 |
| (A) "Hospital agency" means any public hospital agency or any | 6531 |
| nonprofit hospital agency. | 6532 |
| (B) "Public hospital agency" means any county, board of | 6533 |
| county hospital trustees established pursuant to section 339.02 of | 6534 |
| the Revised Code, county hospital commission established pursuant | 6535 |
| to section 339.14 of the Revised Code, municipal corporation, new | 6536 |
| community authority organized under Chapter 349. of the Revised | 6537 |
| Code, joint township hospital district, state or municipal | 6538 |
| university or college operating or authorized to operate a | 6539 |
| hospital facility, or the state. | 6540 |
| (C) "Nonprofit hospital agency" means a corporation or | 6541 |
| association not for profit, no part of the net earnings of which | 6542 |
| inures or may lawfully inure to the benefit of any private | 6543 |
| shareholder or individual, that has authority to own or operate a | 6544 |
| hospital facility or provides or is to provide services to one or | 6545 |
| more other hospital agencies. | 6546 |
| (D) "Governing body" means, in the case of a county, the | 6547 |
| board of county commissioners or other legislative body; in the | 6548 |
| case of a board of county hospital trustees, the board; in the | 6549 |
| case of a county hospital commission, the commission; in the case | 6550 |
| of a municipal corporation, the council or other legislative | 6551 |
| authority; in the case of a new community authority, its board of | 6552 |
| trustees; in the case of a joint township hospital district, the | 6553 |
| joint township district hospital board; in the case of a state or | 6554 |
| municipal university or college, its board of trustees or board of | 6555 |
| directors; in the case of a nonprofit hospital agency, the board | 6556 |
| of trustees or other body having general management of the agency; | 6557 |
| and, in the case of the state, the director of development or the | 6558 |
| Ohio higher educational facility commission. | 6559 |
| (E) "Hospital facilities" means buildings, structures and | 6560 |
| other improvements, additions thereto and extensions thereof, | 6561 |
| furnishings, equipment, and real estate and interests in real | 6562 |
| estate, used or to be used for or in connection with one or more | 6563 |
| hospitals, emergency, intensive, intermediate, extended, | 6564 |
| long-term, or self-care facilities, diagnostic and treatment and | 6565 |
| out-patient facilities, facilities related to programs for home | 6566 |
| health services, clinics, laboratories, public health centers, | 6567 |
| research facilities, and rehabilitation facilities, for or | 6568 |
| pertaining to diagnosis, treatment, care, or rehabilitation of | 6569 |
| sick, ill, injured, infirm, impaired, disabled, or handicapped | 6570 |
| persons, or the prevention, detection, and control of disease, and | 6571 |
| also includes education, training, and food service facilities for | 6572 |
| health professions personnel, housing facilities for such | 6573 |
| personnel and their families, and parking and service facilities | 6574 |
| in connection with any of the foregoing; and includes any one, | 6575 |
| part of, or any combination of the foregoing; and further includes | 6576 |
| site improvements, utilities, machinery, facilities, furnishings, | 6577 |
| and any separate or connected buildings, structures, improvements, | 6578 |
| sites, utilities, facilities, or equipment to be used in, or in | 6579 |
| connection with the operation or maintenance of, or supplementing | 6580 |
| or otherwise related to the services or facilities to be provided | 6581 |
| by, any one or more of such hospital facilities. | 6582 |
| (F) "Costs of hospital facilities" means the costs of | 6583 |
| acquiring hospital facilities or interests in hospital facilities, | 6584 |
| including membership interests in nonprofit hospital agencies, | 6585 |
| costs of constructing hospital facilities, costs of improving one | 6586 |
| or more hospital facilities, including reconstructing, | 6587 |
| rehabilitating, remodeling, renovating, and enlarging, costs of | 6588 |
| equipping and furnishing such facilities, and all financing costs | 6589 |
| pertaining thereto, including, without limitation thereto, costs | 6590 |
| of engineering, architectural, and other professional services, | 6591 |
| designs, plans, specifications and surveys, and estimates of cost, | 6592 |
| costs of tests and inspections, the costs of any indemnity or | 6593 |
| surety bonds and premiums on insurance, all related direct or | 6594 |
| allocable administrative expenses pertaining thereto, fees and | 6595 |
| expenses of trustees, depositories, and paying agents for the | 6596 |
| obligations, cost of issuance of the obligations and financing | 6597 |
| charges and fees and expenses of financial advisors, attorneys, | 6598 |
| accountants, consultants and rating services in connection | 6599 |
| therewith, capitalized interest on the obligations, amounts | 6600 |
| necessary to establish reserves as required by the bond | 6601 |
| proceedings, the reimbursement of all moneys advanced or applied | 6602 |
| by the hospital agency or others or borrowed from others for the | 6603 |
| payment of any item or items of costs of such facilities, and all | 6604 |
| other expenses necessary or incident to planning or determining | 6605 |
| feasibility or practicability with respect to such facilities, and | 6606 |
| such other expenses as may be necessary or incident to the | 6607 |
| acquisition, construction, reconstruction, rehabilitation, | 6608 |
| remodeling, renovation, enlargement, improvement, equipment, and | 6609 |
| furnishing of such facilities, the financing thereof, and the | 6610 |
| placing of the same in use and operation, including any one, part | 6611 |
| of, or combination of such classes of costs and expenses, and | 6612 |
| means the costs of refinancing obligations issued by, or | 6613 |
| reimbursement of money advanced by, nonprofit hospital agencies or | 6614 |
| others the proceeds of which were used for the payment of costs of | 6615 |
| hospital facilities, if the governing body of the public hospital | 6616 |
| agency determines that the refinancing or reimbursement advances | 6617 |
| the purposes of this chapter, whether or not the refinancing or | 6618 |
| reimbursement is in conjunction with the acquisition or | 6619 |
| construction of additional hospital facilities. | 6620 |
| (G) "Hospital receipts" means all moneys received by or on | 6621 |
| behalf of a hospital agency from or in connection with the | 6622 |
| ownership, operation, acquisition, construction, improvement, | 6623 |
| equipping, or financing of any hospital facilities, including, | 6624 |
| without limitation thereto, any rentals and other moneys received | 6625 |
| from the lease, sale, or other disposition of hospital facilities, | 6626 |
| and any gifts, grants, interest subsidies, or other moneys | 6627 |
| received under any federal program for assistance in financing the | 6628 |
| costs of hospital facilities, and any other gifts, grants, and | 6629 |
| donations, and receipts therefrom, available for financing the | 6630 |
| costs of hospital facilities. | 6631 |
| (H) "Obligations" means bonds, notes, or other evidences of | 6632 |
| indebtedness or obligation, including interest coupons pertaining | 6633 |
| thereto, issued or issuable by a public hospital agency to pay | 6634 |
| costs of hospital facilities. | 6635 |
| (I) "Bond service charges" means principal, interest, and | 6636 |
| call premium, if any, required to be paid on obligations. | 6637 |
| (J) "Bond proceedings" means one or more ordinances, | 6638 |
| resolutions, trust agreements, indentures, and other agreements or | 6639 |
| documents, and amendments and supplements to the foregoing, or any | 6640 |
| combination thereof, authorizing or providing for the terms, | 6641 |
| including any variable interest rates, and conditions applicable | 6642 |
| to, or providing for the security of, obligations and the | 6643 |
| provisions contained in such obligations. | 6644 |
| (K) "Nursing home" has the same meaning as in division (A)(1) | 6645 |
| of section 5701.13 of the Revised Code. | 6646 |
| (L) "Residential care facility" has the same meaning as in | 6647 |
| division (A)(2) of section 5701.13 of the Revised Code. | 6648 |
| (M) "Adult care facility" has the same meaning as in division | 6649 |
| (A)(3) of section 5701.13 of the Revised Code. | 6650 |
| (N) "Independent living facility" means any self-care | 6651 |
| facility or other housing facility designed or used as a residence | 6652 |
| for elderly persons. An "independent living facility" does not | 6653 |
| include a residential facility, or that part of a residential | 6654 |
| facility, that is any of the following: | 6655 |
| (1) A hospital required to be certified by section 3727.02 of | 6656 |
| the Revised Code; | 6657 |
| (2) A nursing home or residential care facility; | 6658 |
| (3) An adult care facility; | 6659 |
| (4) A hospice licensed under section 3712.04 of the Revised | 6660 |
| Code; | 6661 |
| (5) | 6662 |
| 6663 |
| | 6664 |
| the department of mental health under section 5119.22 of the | 6665 |
| Revised Code; | 6666 |
| | 6667 |
| under section 3793.11 of the Revised Code; | 6668 |
| | 6669 |
| program under section 3793.06 of the Revised Code; | 6670 |
| | 6671 |
| of the Revised Code or a facility providing services under a | 6672 |
| contract with the department of mental retardation and | 6673 |
| developmental disabilities under section 5123.18 of the Revised | 6674 |
| Code; | 6675 |
| | 6676 |
| provide housing for staff of the hospital or students pursuing a | 6677 |
| course of study at the hospital. | 6678 |
| Sec. 140.08. (A) Except as otherwise provided in
| 6679 |
| division (B) | 6680 |
| purchased, acquired, constructed, or owned by a public hospital | 6681 |
| agency, or financed in whole or in part by obligations issued by a | 6682 |
| public hospital agency, and used, or to be used when completed, as | 6683 |
| hospital facilities, and the income therefrom, are exempt from all | 6684 |
| taxation within this state, including ad valorem and excise taxes, | 6685 |
| notwithstanding any other provisions of law, and hospital agencies | 6686 |
| are exempt from taxes levied under Chapters 5739. and 5741. of the | 6687 |
| Revised Code. The obligations issued hereafter under section | 6688 |
| 133.08, 140.06, or 339.15 of the Revised Code or Section 3 of | 6689 |
| Article XVIII, Ohio Constitution, to pay costs of hospital | 6690 |
| facilities or to refund such obligations, and the transfer | 6691 |
| thereof, and the interest and other income from such obligations, | 6692 |
| including any profit made on the sale thereof, is free from | 6693 |
| taxation within the state. | 6694 |
| (B)(1) Division (A) of this section does not exempt | 6695 |
| independent living facilities from taxes levied on property or | 6696 |
| taxes levied under Chapters 5739. and 5741. of the Revised Code. | 6697 |
| If an independent living facility or part of such facility becomes | 6698 |
| an adult care facility, nursing home, or residential care facility | 6699 |
| on or after January 10, 1991, that part of the independent living | 6700 |
| facility that is an adult care facility, nursing home, or | 6701 |
| residential care facility is exempt from taxation subject to | 6702 |
| division (B)(2) of this section on and after the date it becomes | 6703 |
| an adult care facility, nursing home, or residential care | 6704 |
| facility. | 6705 |
| (2) Division (A) of this section exempts nursing homes, | 6706 |
| residential care facilities, and adult care facilities from taxes | 6707 |
| levied on property and taxes levied under Chapters 5739. and 5741. | 6708 |
| of the Revised Code only until all obligations issued to finance | 6709 |
| such homes or facilities, or all refunding or series of refundings | 6710 |
| of those obligations, are redeemed or otherwise retired. | 6711 |
| (3) Nothing in division (A) of this section exempts any | 6712 |
| person subject to this section from the tax levied by Chapter | 6713 |
| 5751. of the Revised Code, but the tax shall be based solely on | 6714 |
| those gross receipts that contribute to such person's unrelated | 6715 |
| business income under the Internal Revenue Code of 1986, 100 Stat. | 6716 |
| 2085, 26 U.S.C. 1, as amended. | 6717 |
| Sec. 141.011. Beginning in calendar year 2001, the annual | 6718 |
| salaries of the elective officers of the state shall be as follows | 6719 |
| rather than as prescribed by divisions (A) to (F) of section | 6720 |
| 141.01 of the Revised Code: | 6721 |
| (A)(1) In calendar year 2001 the annual salary of the | 6722 |
| governor shall be one hundred twenty-six thousand four hundred | 6723 |
| ninety-seven dollars. | 6724 |
| (2) In calendar years 2002 through 2006 the annual salary of | 6725 |
| the governor shall be one hundred thirty thousand two hundred | 6726 |
| ninety-two dollars. | 6727 |
| (3) In calendar year 2007 the annual salary of the governor | 6728 |
| shall be the annual salary in 2006 increased by each of the | 6729 |
| following percentages in succession: | 6730 |
| (a) The lesser of three per cent or the percentage increase, | 6731 |
| if any, in the consumer price index from October 1, 2001, to | 6732 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 6733 |
| cent; | 6734 |
| (b) The lesser of three per cent or the percentage increase, | 6735 |
| if any, in the consumer price index from October 1, 2002, to | 6736 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 6737 |
| cent; | 6738 |
| (c) The lesser of three per cent or the percentage increase, | 6739 |
| if any, in the consumer price index from October 1, 2003, to | 6740 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 6741 |
| cent; | 6742 |
| (d) The lesser of three per cent or the percentage increase, | 6743 |
| if any, in the consumer price index from October 1, 2004, to | 6744 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 6745 |
| cent; | 6746 |
| (e) The lesser of three per cent or the percentage increase, | 6747 |
| if any, in the consumer price index from October 1, 2005, to | 6748 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 6749 |
| cent. | 6750 |
| (4) In calendar year 2008 and thereafter, the annual salary | 6751 |
| of the governor shall be the annual salary in 2007 increased by | 6752 |
| the lesser of the following: | 6753 |
| (a) Three per cent; | 6754 |
| (b) The percentage increase, if any, in the consumer price | 6755 |
| index from October 1, 2006, to September 30, 2007, rounded to the | 6756 |
| nearest one-tenth of one per cent. | 6757 |
| (B)(1) In calendar year 2001 the annual salary of the | 6758 |
| lieutenant governor shall be sixty-six thousand three hundred six | 6759 |
| dollars. | 6760 |
| (2) In calendar years 2002 through 2006 the annual salary of | 6761 |
| the lieutenant governor shall be sixty-eight thousand two hundred | 6762 |
| ninety-five dollars. | 6763 |
| (3) In calendar year 2007 the annual salary of the lieutenant | 6764 |
| governor shall be the annual salary in 2006 increased by each of | 6765 |
| the following percentages in succession: | 6766 |
| (a) The lesser of three per cent or the percentage increase, | 6767 |
| if any, in the consumer price index from October 1, 2001, to | 6768 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 6769 |
| cent; | 6770 |
| (b) The lesser of three per cent or the percentage increase, | 6771 |
| if any, in the consumer price index from October 1, 2002, to | 6772 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 6773 |
| cent; | 6774 |
| (c) The lesser of three per cent or the percentage increase, | 6775 |
| if any, in the consumer price index from October 1, 2003, to | 6776 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 6777 |
| cent; | 6778 |
| (d) The lesser of three per cent or the percentage increase, | 6779 |
| if any, in the consumer price index from October 1, 2004, to | 6780 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 6781 |
| cent; | 6782 |
| (e) The lesser of three per cent or the percentage increase, | 6783 |
| if any, in the consumer price index from October 1, 2005, to | 6784 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 6785 |
| cent. | 6786 |
| (4) In calendar year 2008 and thereafter, the annual salary | 6787 |
| of the lieutenant governor shall be the annual salary in 2007 | 6788 |
| increased by the lesser of the following: | 6789 |
| (a) Three per cent; | 6790 |
| (b) The percentage increase, if any, in the consumer price | 6791 |
| index from October 1, 2006 to September 30, 2007, rounded to the | 6792 |
| nearest one-tenth of one per cent. | 6793 |
| If the governor appoints the lieutenant governor as an | 6794 |
|
administrative
department head | 6795 |
| 6796 | |
| 6797 | |
| office while serving as its head in lieu of the salary for the | 6798 |
| office of lieutenant governor. | 6799 |
| (C)(1) In calendar year 2001 the annual salary of the | 6800 |
| secretary of state, auditor of state, treasurer of state, and | 6801 |
| attorney general shall be ninety-three thousand four hundred | 6802 |
| forty-seven dollars. | 6803 |
| (2) In calendar year 2002 the annual salary of the secretary | 6804 |
| of state, auditor of state, treasurer of state, and attorney | 6805 |
| general shall be ninety-six thousand two hundred fifty dollars. | 6806 |
| (3) In each calendar year from 2003 through 2008, the annual | 6807 |
| salary of the secretary of state, auditor of state, treasurer of | 6808 |
| state, and attorney general shall be increased by the lesser of | 6809 |
| the following: | 6810 |
| (a) Three per cent; | 6811 |
| (b) The percentage increase, if any, in the consumer price | 6812 |
| index over the twelve-month period that ends on the thirtieth day | 6813 |
| of September of the immediately preceding year, rounded to the | 6814 |
| nearest one-tenth of one per cent. | 6815 |
| (D) Upon the death of an elected executive officer of the | 6816 |
| state listed in divisions (A) to (F) of section 141.01 of the | 6817 |
| Revised Code during that person's term of office, an amount shall | 6818 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 6819 |
| to that person's estate. The amount shall equal the amount of the | 6820 |
| salary that the officer would have received during the remainder | 6821 |
| of the officer's unexpired term or an amount equal to the salary | 6822 |
| of that person's office for two years, whichever is less. | 6823 |
| (E) As used in this section, "consumer price index" has the | 6824 |
| same meaning as in section 101.27 of the Revised Code. | 6825 |
| Sec. 141.04. (A) The annual salaries of the chief justice of | 6826 |
| the supreme court and of the justices and judges named in this | 6827 |
| section payable from the state treasury are as follows, rounded to | 6828 |
| the nearest fifty dollars: | 6829 |
| (1) For the chief justice of the supreme court, the following | 6830 |
| amounts effective in the following years: | 6831 |
| (a) Beginning January 1, 2000, one hundred twenty-four | 6832 |
| thousand nine hundred dollars; | 6833 |
| (b) Beginning January 1, 2001, one hundred twenty-eight | 6834 |
| thousand six hundred fifty dollars; | 6835 |
| (c) After 2001, the amount determined under division (E)(1) | 6836 |
| of this section. | 6837 |
| (2) For the justices of the supreme court, the following | 6838 |
| amounts effective in the following years: | 6839 |
| (a) Beginning January 1, 2000, one hundred seventeen thousand | 6840 |
| two hundred fifty dollars; | 6841 |
| (b) Beginning January 1, 2001, one hundred twenty thousand | 6842 |
| seven hundred fifty dollars; | 6843 |
| (c) After 2001, the amount determined under division (E)(1) | 6844 |
| of this section. | 6845 |
| (3) For the judges of the courts of appeals, the following | 6846 |
| amounts effective in the following years: | 6847 |
| (a) Beginning January 1, 2000, one hundred nine thousand two | 6848 |
| hundred fifty dollars; | 6849 |
| (b) Beginning January 1, 2001, one hundred twelve thousand | 6850 |
| five hundred fifty dollars; | 6851 |
| (c) After 2001, the amount determined under division (E)(1) | 6852 |
| of this section. | 6853 |
| (4) For the judges of the courts of common pleas, the | 6854 |
| following amounts effective in the following years: | 6855 |
| (a) Beginning January 1, 2000, one hundred thousand five | 6856 |
| hundred dollars, reduced by an amount equal to the annual | 6857 |
| compensation paid to that judge from the county treasury pursuant | 6858 |
| to section 141.05 of the Revised Code; | 6859 |
| (b) Beginning January 1, 2001, one hundred three thousand | 6860 |
| five hundred dollars, reduced by an amount equal to the annual | 6861 |
| compensation paid to that judge from the county treasury pursuant | 6862 |
| to section 141.05 of the Revised Code; | 6863 |
| (c) After 2001, the aggregate annual salary amount determined | 6864 |
| under division (E)(2) of this section reduced by an amount equal | 6865 |
| to the annual compensation paid to that judge from the county | 6866 |
| treasury pursuant to section 141.05 of the Revised Code. | 6867 |
| (5) For the full-time judges of a municipal court or the | 6868 |
| part-time judges of a municipal court of a territory having a | 6869 |
| population of more than fifty thousand, the following amounts | 6870 |
| effective in the following years, which amounts shall be in | 6871 |
| addition to all amounts received pursuant to divisions (B)(1)(a) | 6872 |
| and (2) of section 1901.11 of the Revised Code from municipal | 6873 |
| corporations and counties: | 6874 |
| (a) Beginning January 1, 2000, thirty-two thousand six | 6875 |
| hundred fifty dollars; | 6876 |
| (b) Beginning January 1, 2001, thirty-five thousand five | 6877 |
| hundred dollars; | 6878 |
| (c) After 2001, the amount determined under division (E)(3) | 6879 |
| of this section. | 6880 |
| (6) For judges of a municipal court designated as part-time | 6881 |
| judges by section 1901.08 of the Revised Code, other than | 6882 |
| part-time judges to whom division (A)(5) of this section applies, | 6883 |
| and for judges of a county court, the following amounts effective | 6884 |
| in the following years, which amounts shall be in addition to any | 6885 |
| amounts received pursuant to division (A) of section 1901.11 of | 6886 |
| the Revised Code from municipal corporations and counties or | 6887 |
| pursuant to division (A) of section 1907.16 of the Revised Code | 6888 |
| from counties: | 6889 |
| (a) Beginning January 1, 2000, eighteen thousand eight | 6890 |
| hundred dollars; | 6891 |
| (b) Beginning January 1, 2001, twenty thousand four hundred | 6892 |
| fifty dollars; | 6893 |
| (c) After 2001, the amount determined under division (E)(4) | 6894 |
| of this section. | 6895 |
| (B) Except as provided in section 1901.121 of the Revised | 6896 |
| Code, except as otherwise provided in this division, and except | 6897 |
| for the compensation to which the judges described in division | 6898 |
| (A)(5) of this section are entitled pursuant to divisions | 6899 |
| (B)(1)(a) and (2) of section 1901.11 of the Revised Code, the | 6900 |
| annual salary of the chief justice of the supreme court and of | 6901 |
| each justice or judge listed in division (A) of this section shall | 6902 |
| be paid in equal monthly installments from the state treasury. If | 6903 |
| the chief justice of the supreme court or any justice or judge | 6904 |
| listed in division (A)(2), (3), or (4) of this section delivers a | 6905 |
| written request to be paid biweekly to the administrative director | 6906 |
| of the supreme court prior to the first day of January of any | 6907 |
| year, the annual salary of the chief justice or the justice or | 6908 |
| judge that is listed in division (A)(2), (3), or (4) of this | 6909 |
| section shall be paid, during the year immediately following the | 6910 |
| year in which the request is delivered to the administrative | 6911 |
| director of the supreme court, biweekly from the state treasury. | 6912 |
| (C) Upon the death of the chief justice or a justice of the | 6913 |
| supreme court during that person's term of office, an amount shall | 6914 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 6915 |
| to that person's estate. The amount shall equal the amount of the | 6916 |
| salary that the chief justice or justice would have received | 6917 |
| during the remainder of the unexpired term or an amount equal to | 6918 |
| the salary of office for two years, whichever is less. | 6919 |
| (D) Neither the chief justice of the supreme court nor any | 6920 |
| justice or judge of the supreme court, the court of appeals, the | 6921 |
| court of common pleas, or the probate court shall hold any other | 6922 |
| office of trust or profit under the authority of this state or the | 6923 |
| United States. | 6924 |
| (E)(1) Each calendar year from 2002 through 2008, the annual | 6925 |
| salaries of the chief justice of the supreme court and of the | 6926 |
| justices and judges named in divisions (A)(2) and (3) of this | 6927 |
| section shall be increased by an amount equal to the adjustment | 6928 |
| percentage for that year multiplied by the compensation paid the | 6929 |
| preceding year pursuant to division (A)(1), (2), or (3) of this | 6930 |
| section. | 6931 |
| (2) Each calendar year from 2002 through 2008, the aggregate | 6932 |
| annual salary payable under division (A)(4) of this section to the | 6933 |
| judges named in that division shall be increased by an amount | 6934 |
| equal to the adjustment percentage for that year multiplied by the | 6935 |
| aggregate compensation paid the preceding year pursuant to | 6936 |
| division (A)(4) of this section and section 141.05 of the Revised | 6937 |
| Code. | 6938 |
| (3) Each calendar year from 2002 through 2008, the salary | 6939 |
| payable from the state treasury under division (A)(5) of this | 6940 |
| section to the judges named in that division shall be increased by | 6941 |
| an amount equal to the adjustment percentage for that year | 6942 |
| multiplied by the aggregate compensation paid the preceding year | 6943 |
| pursuant to division (A)(5) of this section and division (B)(1)(a) | 6944 |
| of section 1901.11 of the Revised Code. | 6945 |
| (4) Each calendar year from 2002 through 2008, the salary | 6946 |
| payable from the state treasury under division (A)(6) of this | 6947 |
| section to the judges named in that division shall be increased by | 6948 |
| an amount equal to the adjustment percentage for that year | 6949 |
| multiplied by the aggregate compensation paid the preceding year | 6950 |
| pursuant to division (A)(6) of this section and division (A) of | 6951 |
| section 1901.11 of the Revised Code from municipal corporations | 6952 |
| and counties or division (A) of section 1907.16 of the Revised | 6953 |
| Code from counties. | 6954 |
| (F) In addition to the salaries payable pursuant to this | 6955 |
| section, the chief justice of the supreme court and the justices | 6956 |
| of the supreme court shall be entitled to a vehicle allowance of | 6957 |
| five hundred dollars per month, payable from the state treasury. | 6958 |
| The allowance shall be increased on the first day of January of | 6959 |
| each odd numbered year by an amount equal to the percentage | 6960 |
| increase, if any, in the consumer price index for the immediately | 6961 |
| preceding twenty-four month period for which information is | 6962 |
| available. | 6963 |
| (G) As used in this section: | 6964 |
| (1) The "adjustment percentage" for a year is the lesser of | 6965 |
| the following: | 6966 |
| (a) Three per cent; | 6967 |
| (b) The percentage increase, if any, in the consumer price | 6968 |
| index over the twelve-month period that ends on the thirtieth day | 6969 |
| of September of the immediately preceding year, rounded to the | 6970 |
| nearest one-tenth of one per cent. | 6971 |
| (2) "Consumer price index" has the same meaning as in section | 6972 |
| 101.27 of the Revised Code. | 6973 |
| (3) "Salary" does not include any portion of the cost, | 6974 |
| premium, or charge for health, medical, hospital, dental, or | 6975 |
| surgical benefits, or any combination of those benefits, covering | 6976 |
| the chief justice of the supreme court or a justice or judge named | 6977 |
| in this section and paid on the chief justice's or the justice's | 6978 |
| or judge's behalf by a governmental entity. | 6979 |
| Sec. 147.05. (A) Before entering upon the duties of the | 6980 |
| office of notary public, a notary public shall leave the notary | 6981 |
| public's commission with the oath endorsed on the commission with | 6982 |
| the clerk of the court of common pleas of the county in which the | 6983 |
| notary public resides. The clerk shall record the commission in a | 6984 |
| book kept for that purpose. The clerk shall endorse on the margin | 6985 |
| of the record and on the back of the commission the time that the | 6986 |
| clerk received the commission for record and make a proper index | 6987 |
| to all commissions so recorded. For recording and indexing a | 6988 |
| commission, the fee of the clerk shall be as provided in division | 6989 |
| (R) of section 2303.20 of the Revised Code. | 6990 |
| (B) The secretary of state shall maintain a record of the | 6991 |
| commissions of each notary public appointed and commissioned by | 6992 |
| the secretary of state under this chapter and make a proper index | 6993 |
| to that record. | 6994 |
| The governor's office shall transfer to the secretary of | 6995 |
|
state's office, on or after
| 6996 |
| June 6, 2001, the record of notaries public formerly kept by the | 6997 |
| governor's office under section 107.10 of the Revised Code. The | 6998 |
| secretary of state's office shall maintain that record together | 6999 |
| with the record and index of commissions of notaries public | 7000 |
| required by this division. | 7001 |
| (C) If a notary public legally changes the notary public's | 7002 |
| name or address after having been commissioned as a notary public, | 7003 |
| the notary public shall notify the secretary of state and the | 7004 |
| appropriate clerk of courts within thirty days after the name or | 7005 |
| address change. Notification to the secretary of state shall be on | 7006 |
| a form prescribed by the secretary of state. | 7007 |
| (D) A notary, other than an attorney, who resigns the | 7008 |
| person's commission shall deliver to the secretary of state, on a | 7009 |
| form prescribed by the secretary of state, a written notice | 7010 |
| indicating the effective date of resignation. | 7011 |
| Sec. 147.10. No notary public shall do or perform any act as | 7012 |
| a notary public
knowing that | 7013 |
| office has expired or that the notary public has resigned the | 7014 |
| notary public's commission. | 7015 |
| Sec. 147.11. A person appointed notary public who performs | 7016 |
| any act as such after the expiration of | 7017 |
| office or after the person resigns the person's commission, | 7018 |
| knowing that | 7019 |
| has resigned, shall forfeit not more than five hundred dollars, to | 7020 |
| be recovered by an action in the name of the state. Such act shall | 7021 |
| render | 7022 |
| Sec. 147.12. An official act done by a notary public after | 7023 |
| the expiration of
| 7024 |
| the notary public resigns the notary public's commission is as | 7025 |
| valid as if done
during | 7026 |
| Sec. 147.371. (A) Upon receipt of a fee of two dollars and an | 7027 |
| affidavit that the original commission of a notary public has been | 7028 |
| lost or destroyed, a duplicate commission as notary public shall | 7029 |
| be issued by the secretary of state. | 7030 |
| (B) Upon receipt of a fee of two dollars and the properly | 7031 |
| completed, prescribed form for a name and address change under | 7032 |
| division (C) of section 147.05 of the Revised Code, the secretary | 7033 |
| of state shall issue a duplicate commission as a notary public. | 7034 |
| Sec. 149.43. (A) As used in this section: | 7035 |
| (1) "Public record" means records kept by any public office, | 7036 |
| including, but not limited to, state, county, city, village, | 7037 |
| township, and school district units, and records pertaining to the | 7038 |
| delivery of educational services by an alternative school in Ohio | 7039 |
| kept by a nonprofit or for profit entity operating such | 7040 |
| alternative school pursuant to section 3313.533 of the Revised | 7041 |
| Code. "Public record" does not mean any of the following: | 7042 |
| (a) Medical records; | 7043 |
| (b) Records pertaining to probation and parole proceedings or | 7044 |
| to proceedings related to the imposition of community control | 7045 |
| sanctions and post-release control sanctions; | 7046 |
| (c) Records pertaining to actions under section 2151.85 and | 7047 |
| division (C) of section 2919.121 of the Revised Code and to | 7048 |
| appeals of actions arising under those sections; | 7049 |
| (d) Records pertaining to adoption proceedings, including the | 7050 |
| contents of an adoption file maintained by the department of | 7051 |
| health under section 3705.12 of the Revised Code; | 7052 |
| (e) Information in a record contained in the putative father | 7053 |
| registry established by section 3107.062 of the Revised Code, | 7054 |
| regardless of whether the information is held by the department of | 7055 |
| job and family services or, pursuant to section 3111.69 of the | 7056 |
| Revised Code, the office of child support in the department or a | 7057 |
| child support enforcement agency; | 7058 |
| (f) Records listed in division (A) of section 3107.42 of the | 7059 |
| Revised Code or specified in division (A) of section 3107.52 of | 7060 |
| the Revised Code; | 7061 |
| (g) Trial preparation records; | 7062 |
| (h) Confidential law enforcement investigatory records; | 7063 |
| (i) Records containing information that is confidential under | 7064 |
| section 2317.023 or 4112.05 of the Revised Code; | 7065 |
| (j) DNA records stored in the DNA database pursuant to | 7066 |
| section 109.573 of the Revised Code; | 7067 |
| (k) Inmate records released by the department of | 7068 |
| rehabilitation and correction to the department of youth services | 7069 |
| or a court of record pursuant to division (E) of section 5120.21 | 7070 |
| of the Revised Code; | 7071 |
| (l) Records maintained by the department of youth services | 7072 |
| pertaining to children in its custody released by the department | 7073 |
| of youth services to the department of rehabilitation and | 7074 |
| correction pursuant to section 5139.05 of the Revised Code; | 7075 |
| (m) Intellectual property records; | 7076 |
| (n) Donor profile records; | 7077 |
| (o) Records maintained by the department of job and family | 7078 |
| services pursuant to section 3121.894 of the Revised Code; | 7079 |
| (p) Peace officer, firefighter, or EMT residential and | 7080 |
| familial information; | 7081 |
| (q) In the case of a county hospital operated pursuant to | 7082 |
| Chapter 339. of the Revised Code, information that constitutes a | 7083 |
| trade secret, as defined in section 1333.61 of the Revised Code; | 7084 |
| (r) Information pertaining to the recreational activities of | 7085 |
| a person under the age of eighteen; | 7086 |
| (s) Records provided to, statements made by review board | 7087 |
| members during meetings of, and all work products of a child | 7088 |
| fatality review board acting under sections 307.621 to 307.629 of | 7089 |
| the Revised Code, other than the report prepared pursuant to | 7090 |
| section 307.626 of the Revised Code; | 7091 |
| (t) Records provided to and statements made by the executive | 7092 |
| director of a public children services agency or a prosecuting | 7093 |
| attorney acting pursuant to section 5153.171 of the Revised Code | 7094 |
| other than the information released under that section; | 7095 |
| (u) Test materials, examinations, or evaluation tools used in | 7096 |
| an examination for licensure as a nursing home administrator that | 7097 |
| the board of examiners of nursing home administrators administers | 7098 |
| under section 4751.04 of the Revised Code or contracts under that | 7099 |
| section with a private or government entity to administer; | 7100 |
| (v) Records the release of which is prohibited by state or | 7101 |
| federal law; | 7102 |
| (w) Proprietary information of or relating to any person that | 7103 |
| is submitted to or compiled by the Ohio venture capital authority | 7104 |
| created under section 150.01 of the Revised Code; | 7105 |
| (x) Information reported and evaluations conducted pursuant | 7106 |
| to section 3701.072 of the Revised Code. | 7107 |
| (2) "Confidential law enforcement investigatory record" means | 7108 |
| any record that pertains to a law enforcement matter of a | 7109 |
| criminal, quasi-criminal, civil, or administrative nature, but | 7110 |
| only to the extent that the release of the record would create a | 7111 |
| high probability of disclosure of any of the following: | 7112 |
| (a) The identity of a suspect who has not been charged with | 7113 |
| the offense to which the record pertains, or of an information | 7114 |
| source or witness to whom confidentiality has been reasonably | 7115 |
| promised; | 7116 |
| (b) Information provided by an information source or witness | 7117 |
| to whom confidentiality has been reasonably promised, which | 7118 |
| information would reasonably tend to disclose the source's or | 7119 |
| witness's identity; | 7120 |
| (c) Specific confidential investigatory techniques or | 7121 |
| procedures or specific investigatory work product; | 7122 |
| (d) Information that would endanger the life or physical | 7123 |
| safety of law enforcement personnel, a crime victim, a witness, or | 7124 |
| a confidential information source. | 7125 |
| (3) "Medical record" means any document or combination of | 7126 |
| documents, except births, deaths, and the fact of admission to or | 7127 |
| discharge from a hospital, that pertains to the medical history, | 7128 |
| diagnosis, prognosis, or medical condition of a patient and that | 7129 |
| is generated and maintained in the process of medical treatment. | 7130 |
| (4) "Trial preparation record" means any record that contains | 7131 |
| information that is specifically compiled in reasonable | 7132 |
| anticipation of, or in defense of, a civil or criminal action or | 7133 |
| proceeding, including the independent thought processes and | 7134 |
| personal trial preparation of an attorney. | 7135 |
| (5) "Intellectual property record" means a record, other than | 7136 |
| a financial or administrative record, that is produced or | 7137 |
| collected by or for faculty or staff of a state institution of | 7138 |
| higher learning in the conduct of or as a result of study or | 7139 |
| research on an educational, commercial, scientific, artistic, | 7140 |
| technical, or scholarly issue, regardless of whether the study or | 7141 |
| research was sponsored by the institution alone or in conjunction | 7142 |
| with a governmental body or private concern, and that has not been | 7143 |
| publicly released, published, or patented. | 7144 |
| (6) "Donor profile record" means all records about donors or | 7145 |
| potential donors to a public institution of higher education | 7146 |
| except the names and reported addresses of the actual donors and | 7147 |
| the date, amount, and conditions of the actual donation. | 7148 |
| (7) "Peace officer, firefighter, or EMT residential and | 7149 |
| familial information" means either of the following: | 7150 |
| (a) Any information maintained in a personnel record of a | 7151 |
| peace officer, firefighter, or EMT that discloses any of the | 7152 |
| following: | 7153 |
| (i) The address of the actual personal residence of a peace | 7154 |
| officer, firefighter, or EMT, except for the state or political | 7155 |
| subdivision in which the peace officer, firefighter, or EMT | 7156 |
| resides; | 7157 |
| (ii) Information compiled from referral to or participation | 7158 |
| in an employee assistance program; | 7159 |
| (iii) The social security number, the residential telephone | 7160 |
| number, any bank account, debit card, charge card, or credit card | 7161 |
| number, or the emergency telephone number of, or any medical | 7162 |
| information pertaining to, a peace officer, firefighter, or EMT; | 7163 |
| (iv) The name of any beneficiary of employment benefits, | 7164 |
| including, but not limited to, life insurance benefits, provided | 7165 |
| to a peace officer, firefighter, or EMT by the peace officer's, | 7166 |
| firefighter's, or EMT's employer; | 7167 |
| (v) The identity and amount of any charitable or employment | 7168 |
| benefit deduction made by the peace officer's, firefighter's, or | 7169 |
| EMT's employer from the peace officer's, firefighter's, or EMT's | 7170 |
| compensation unless the amount of the deduction is required by | 7171 |
| state or federal law; | 7172 |
| (vi) The name, the residential address, the name of the | 7173 |
| employer, the address of the employer, the social security number, | 7174 |
| the residential telephone number, any bank account, debit card, | 7175 |
| charge card, or credit card number, or the emergency telephone | 7176 |
| number of the spouse, a former spouse, or any child of a peace | 7177 |
| officer, firefighter, or EMT. | 7178 |
| (b) Any record that identifies a person's occupation as a | 7179 |
| peace officer, firefighter, or EMT other than statements required | 7180 |
| to include the disclosure of that fact under the campaign finance | 7181 |
| law. | 7182 |
| As used in divisions (A)(7) and (B)(5) of this section, | 7183 |
| "peace officer" has the same meaning as in section 109.71 of the | 7184 |
| Revised Code and also includes the superintendent and troopers of | 7185 |
| the state highway patrol; it does not include the sheriff of a | 7186 |
| county or a supervisory employee who, in the absence of the | 7187 |
| sheriff, is authorized to stand in for, exercise the authority of, | 7188 |
| and perform the duties of the sheriff. | 7189 |
| As used in divisions (A)(7) and (B)(5) of this section, | 7190 |
| "firefighter" means any regular, paid or volunteer, member of a | 7191 |
| lawfully constituted fire department of a municipal corporation, | 7192 |
| township, fire district, or village. | 7193 |
| As used in divisions (A)(7) and (B)(5) of this section, "EMT" | 7194 |
| means EMTs-basic, EMTs-I, and paramedics that provide emergency | 7195 |
| medical services for a public emergency medical service | 7196 |
| organization. "Emergency medical service organization," | 7197 |
| "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 7198 |
| section 4765.01 of the Revised Code. | 7199 |
| (8) "Information pertaining to the recreational activities of | 7200 |
| a person under the age of eighteen" means information that is kept | 7201 |
| in the ordinary course of business by a public office, that | 7202 |
| pertains to the recreational activities of a person under the age | 7203 |
| of eighteen years, and that discloses any of the following: | 7204 |
| (a) The address or telephone number of a person under the age | 7205 |
| of eighteen or the address or telephone number of that person's | 7206 |
| parent, guardian, custodian, or emergency contact person; | 7207 |
| (b) The social security number, birth date, or photographic | 7208 |
| image of a person under the age of eighteen; | 7209 |
| (c) Any medical record, history, or information pertaining to | 7210 |
| a person under the age of eighteen; | 7211 |
| (d) Any additional information sought or required about a | 7212 |
| person under the age of eighteen for the purpose of allowing that | 7213 |
| person to participate in any recreational activity conducted or | 7214 |
| sponsored by a public office or to use or obtain admission | 7215 |
| privileges to any recreational facility owned or operated by a | 7216 |
| public office. | 7217 |
| (9) "Community control sanction" has the same meaning as in | 7218 |
| section 2929.01 of the Revised Code. | 7219 |
| (10) "Post-release control sanction" has the same meaning as | 7220 |
| in section 2967.01 of the Revised Code. | 7221 |
| (B)(1) Subject to | 7222 |
| section, all public records shall be promptly prepared and made | 7223 |
| available for inspection to any person at all reasonable times | 7224 |
|
during regular
business hours. Subject to | 7225 |
| (B)(4) and (6) of this section, upon request, a public office or | 7226 |
| person responsible for public records shall make copies available | 7227 |
| at cost, within a reasonable period of time. In order to | 7228 |
| facilitate broader access to public records, public offices shall | 7229 |
| maintain public records in a manner that they can be made | 7230 |
| available for inspection in accordance with this division. | 7231 |
| (2) | 7232 |
| this section, if any person chooses to obtain a copy of a public | 7233 |
| record in accordance with division (B)(1) of this section, the | 7234 |
| public office or person responsible for the public record shall | 7235 |
| permit that person to choose to have the public record duplicated | 7236 |
| upon paper, upon the same medium upon which the public office or | 7237 |
| person responsible for the public record keeps it, or upon any | 7238 |
| other medium upon which the public office or person responsible | 7239 |
| for the public record determines that it reasonably can be | 7240 |
| duplicated as an integral part of the normal operations of the | 7241 |
| public office or person responsible for the public record. When | 7242 |
| the person seeking the copy makes a choice under this division, | 7243 |
| the public office or person responsible for the public record | 7244 |
| shall provide a copy of it in accordance with the choice made by | 7245 |
| the person seeking the copy. | 7246 |
| (3) | 7247 |
| this section, upon a request made in accordance with division | 7248 |
| (B)(1) of this section, a public office or person responsible for | 7249 |
| public records shall transmit a copy of a public record to any | 7250 |
| person by United States mail within a reasonable period of time | 7251 |
| after receiving the request for the copy. The public office or | 7252 |
| person responsible for the public record may require the person | 7253 |
| making the request to pay in advance the cost of postage and other | 7254 |
| supplies used in the mailing. | 7255 |
| Any public office may adopt a policy and procedures that it | 7256 |
| will follow in transmitting, within a reasonable period of time | 7257 |
| after receiving a request, copies of public records by United | 7258 |
| States mail pursuant to this division. A public office that adopts | 7259 |
| a policy and procedures under this division shall comply with them | 7260 |
| in performing its duties under this division. | 7261 |
| In any policy and procedures adopted under this division, a | 7262 |
| public office may limit the number of records requested by a | 7263 |
| person that the office will transmit by United States mail to ten | 7264 |
| per month, unless the person certifies to the office in writing | 7265 |
| that the person does not intend to use or forward the requested | 7266 |
| records, or the information contained in them, for commercial | 7267 |
| purposes. For purposes of this division, "commercial" shall be | 7268 |
| narrowly construed and does not include reporting or gathering | 7269 |
| news, reporting or gathering information to assist citizen | 7270 |
| oversight or understanding of the operation or activities of | 7271 |
| government, or nonprofit educational research. | 7272 |
| (4) A public office or person responsible for public records | 7273 |
| is not required to permit a person who is incarcerated pursuant to | 7274 |
| a criminal conviction or a juvenile adjudication to inspect or to | 7275 |
| obtain a copy of any public record concerning a criminal | 7276 |
| investigation or prosecution or concerning what would be a | 7277 |
| criminal investigation or prosecution if the subject of the | 7278 |
| investigation or prosecution were an adult, unless the request to | 7279 |
| inspect or to obtain a copy of the record is for the purpose of | 7280 |
| acquiring information that is subject to release as a public | 7281 |
| record under this section and the judge who imposed the sentence | 7282 |
| or made the adjudication with respect to the person, or the | 7283 |
| judge's successor in office, finds that the information sought in | 7284 |
| the public record is necessary to support what appears to be a | 7285 |
| justiciable claim of the person. | 7286 |
| (5) Upon written request made and signed by a journalist on | 7287 |
| or after December 16, 1999, a public office, or person responsible | 7288 |
| for public records, having custody of the records of the agency | 7289 |
| employing a specified peace officer, firefighter, or EMT shall | 7290 |
| disclose to the journalist the address of the actual personal | 7291 |
| residence of the peace officer, firefighter or EMT and, if the | 7292 |
| peace officer's, firefighter's or EMT's spouse, former spouse, or | 7293 |
| child is employed by a public office, the name and address of the | 7294 |
| employer of the peace officer's, firefighter's, or EMT's spouse, | 7295 |
| former spouse, or child. The request shall include the | 7296 |
| journalist's name and title and the name and address of the | 7297 |
| journalist's employer and shall state that disclosure of the | 7298 |
| information sought would be in the public interest. | 7299 |
| As used in division (B)(5) of this section, "journalist" | 7300 |
| means a person engaged in, connected with, or employed by any news | 7301 |
| medium, including a newspaper, magazine, press association, news | 7302 |
| agency, or wire service, a radio or television station, or a | 7303 |
| similar medium, for the purpose of gathering, processing, | 7304 |
| transmitting, compiling, editing, or disseminating information for | 7305 |
| the general public. | 7306 |
| (6) Section 1521.151 of the Revised Code governs the | 7307 |
| dissemination of public records contained in any computer database | 7308 |
| that consists of geographic information and that is maintained by | 7309 |
| the division of water in the department of natural resources. | 7310 |
| (C) If a person allegedly is aggrieved by the failure of a | 7311 |
| public office to promptly prepare a public record and to make it | 7312 |
| available to the person for inspection in accordance with division | 7313 |
| (B) of this section, or if a person who has requested a copy of a | 7314 |
| public record allegedly is aggrieved by the failure of a public | 7315 |
| office or the person responsible for the public record to make a | 7316 |
| copy available to the person allegedly aggrieved in accordance | 7317 |
| with division (B) of this section, the person allegedly aggrieved | 7318 |
| may commence a mandamus action to obtain a judgment that orders | 7319 |
| the public office or the person responsible for the public record | 7320 |
| to comply with division (B) of this section and that awards | 7321 |
| reasonable attorney's fees to the person that instituted the | 7322 |
| mandamus action. The mandamus action may be commenced in the court | 7323 |
| of common pleas of the county in which division (B) of this | 7324 |
| section allegedly was not complied with, in the supreme court | 7325 |
| pursuant to its original jurisdiction under Section 2 of Article | 7326 |
| IV, Ohio Constitution, or in the court of appeals for the | 7327 |
| appellate district in which division (B) of this section allegedly | 7328 |
| was not complied with pursuant to its original jurisdiction under | 7329 |
| Section 3 of Article IV, Ohio Constitution. | 7330 |
| (D) Chapter 1347. of the Revised Code does not limit the | 7331 |
| provisions of this section. | 7332 |
| (E)(1) The bureau of motor vehicles may adopt rules pursuant | 7333 |
| to Chapter 119. of the Revised Code to reasonably limit the number | 7334 |
| of bulk commercial special extraction requests made by a person | 7335 |
| for the same records or for updated records during a calendar | 7336 |
| year. The rules may include provisions for charges to be made for | 7337 |
| bulk commercial special extraction requests for the actual cost of | 7338 |
| the bureau, plus special extraction costs, plus ten per cent. The | 7339 |
| bureau may charge for expenses for redacting information, the | 7340 |
| release of which is prohibited by law. | 7341 |
| (2) As used in divisions (B)(3) and (E)(1) of this section: | 7342 |
| (a) "Actual cost" means the cost of depleted supplies, | 7343 |
| records storage media costs, actual mailing and alternative | 7344 |
| delivery costs, or other transmitting costs, and any direct | 7345 |
| equipment operating and maintenance costs, including actual costs | 7346 |
| paid to private contractors for copying services. | 7347 |
| (b) "Bulk commercial special extraction request" means a | 7348 |
| request for copies of a record for information in a format other | 7349 |
| than the format already available, or information that cannot be | 7350 |
| extracted without examination of all items in a records series, | 7351 |
| class of records, or data base by a person who intends to use or | 7352 |
| forward the copies for surveys, marketing, solicitation, or resale | 7353 |
| for commercial purposes. "Bulk commercial special extraction | 7354 |
| request" does not include a request by a person who gives | 7355 |
| assurance to the bureau that the person making the request does | 7356 |
| not intend to use or forward the requested copies for surveys, | 7357 |
| marketing, solicitation, or resale for commercial purposes. | 7358 |
| (c) "Commercial" means profit-seeking production, buying, or | 7359 |
| selling of any good, service, or other product. | 7360 |
| (d) "Special extraction costs" means the cost of the time | 7361 |
| spent by the lowest paid employee competent to perform the task, | 7362 |
| the actual amount paid to outside private contractors employed by | 7363 |
| the bureau, or the actual cost incurred to create computer | 7364 |
| programs to make the special extraction. "Special extraction | 7365 |
| costs" include any charges paid to a public agency for computer or | 7366 |
| records services. | 7367 |
| (3) For purposes of divisions (E)(1) and (2) of this section, | 7368 |
| "commercial surveys, marketing, solicitation, or resale" shall be | 7369 |
| narrowly construed and does not include reporting or gathering | 7370 |
| news, reporting or gathering information to assist citizen | 7371 |
| oversight or understanding of the operation or activities of | 7372 |
| government, or nonprofit educational research. | 7373 |
| Sec. 153.50. | 7374 |
| the state, a county, township, municipal corporation, or school | 7375 |
| district, or of any public institution belonging thereto, | 7376 |
| authorized to contract for the erection, repair, alteration, or | 7377 |
| rebuilding of a public building, institution, bridge, culvert, or | 7378 |
| improvement and required by law to advertise and receive bids for | 7379 |
| furnishing of materials and doing the work necessary for the | 7380 |
| erection
thereof, shall | 7381 |
| (A) Require separate and distinct bids to be made for | 7382 |
| furnishing such materials or doing such work, or both, in their | 7383 |
| discretion, for each of the following branches or classes of work | 7384 |
| to be performed, and all work kindred thereto, entering into the | 7385 |
| improvement: | 7386 |
| (1) Plumbing and gas fitting; | 7387 |
| (2) Steam and hot-water heating, ventilating apparatus, and | 7388 |
| steam-power plant; | 7389 |
| (3) Electrical equipment. | 7390 |
| (B) | 7391 |
| 7392 | |
| 7393 | |
| 7394 | |
| that bids be submitted for a single, aggregate contract to cover | 7395 |
| all the branches or classes of work to be performed and material | 7396 |
| to be furnished for the construction of the improvement at the | 7397 |
| discretion of the public authority. | 7398 |
| Sec. 153.51. (A) When more than one branch or class of work | 7399 |
| specified in division (A) of section 153.50 of the Revised Code is | 7400 |
| 7401 | |
| solicits separate and distinct bids for those branches or classes | 7402 |
| of work in accordance with division (A) of section 153.50 of the | 7403 |
| Revised Code, no contract for the entire job, or for a greater | 7404 |
| portion thereof than is embraced in one such branch or class of | 7405 |
|
work shall be awarded, unless
| 7406 |
| with respect to the improvement: | 7407 |
| (1) The separate bids do not cover all the work and materials | 7408 |
| required
| 7409 |
| (2) The bids for the whole or for two or more kinds of work | 7410 |
| or materials are lower than the separate bids in the aggregate. | 7411 |
| (B) | 7412 |
| 153.50 of the Revised Code
| 7413 |
| single, aggregate contract for the entire project pursuant to | 7414 |
|
division | 7415 |
| award a single, aggregate contract for the entire project. | 7416 |
| 7417 |
| (C) A public authority shall award a contract described in | 7418 |
| division (A) or (B) of this section to the
| 7419 |
| lowest responsive and responsible bidder | 7420 |
| bidder, or the lowest responsible bidder, as applicable, as | 7421 |
| specified in section 153.52 of the Revised Code. | 7422 |
| | 7423 |
| Revised Code may assign all or any portion of its interest in the | 7424 |
| contract of the lowest responsive and responsible bidder or the | 7425 |
| lowest and best bidder, as applicable, to another successful | 7426 |
| bidder as an agreed condition for an award of the contract for the | 7427 |
| amount of its respective bid. Such assignment may include, but is | 7428 |
| not limited to, the duty to schedule, coordinate, and administer | 7429 |
| the contracts. | 7430 |
| | 7431 |
| 7432 | |
| 7433 | |
| 7434 | |
| 7435 | |
| 7436 |
| Sec. 153.52. The contract for doing the work belonging to | 7437 |
| each separate branch or class of work specified in division (A) of | 7438 |
| section 153.50 of the Revised Code, or for the furnishing of | 7439 |
| materials therefor, or both, shall be awarded by the public | 7440 |
| authority referred to in section 153.50 of the Revised Code, in | 7441 |
| its discretion, to the lowest responsive and responsible separate | 7442 |
| bidder therefor, in accordance with section 9.312 of the Revised | 7443 |
| Code in the case of any public authority of the state or any | 7444 |
| public institution belonging thereto | 7445 |
| separate bidder in the case of a county, township, municipal | 7446 |
| corporation, | 7447 |
| belonging thereto | 7448 |
| described in section 9.312 of the Revised Code in the case of a | 7449 |
| school district or any public institution belonging thereto; and | 7450 |
| shall be made directly with the bidder in the manner and upon the | 7451 |
| terms, conditions, and limitations as to giving bond or bid | 7452 |
| guaranties as prescribed by law, unless it is let as a whole, or | 7453 |
| to bidders for more than one kind of work or materials. | 7454 |
| The single, aggregate contract to cover all the branches or | 7455 |
| classes of work to be performed and material to be furnished | 7456 |
| specified in division (B) of section 153.51 of the Revised Code | 7457 |
| shall be awarded by the public authority referred to in section | 7458 |
| 153.50 of the Revised Code, in its discretion, to the lowest | 7459 |
| responsive and responsible bidder in accordance with section 9.312 | 7460 |
| of the Revised Code in the case of any public authority of the | 7461 |
| state or any public institution belonging thereto; to the lowest | 7462 |
| and best separate bidder in the case of a county, township, | 7463 |
| municipal corporation, or any public institution belonging | 7464 |
| thereto; and to the lowest responsible bidder as described in | 7465 |
| section 9.312 of the Revised Code in the case of a school district | 7466 |
| or any public institution belonging thereto; and shall be made | 7467 |
| directly with the bidder in the manner and upon the terms, | 7468 |
| conditions, and limitations as to giving bond or bid guaranties as | 7469 |
| prescribed by law. | 7470 |
| Sections 153.50 to 153.52 of the Revised Code do not apply to | 7471 |
| the erection of buildings and other structures which cost less | 7472 |
| than fifty thousand dollars. | 7473 |
| Sec. 173.20. (A) If consent is given and unless otherwise | 7474 |
| prohibited by law, a representative of the office of the state | 7475 |
|
long-term care | 7476 |
| any records, including medical records, of a resident or a | 7477 |
| recipient that are reasonably necessary for investigation of a | 7478 |
| complaint. Consent may be given in any of the following ways: | 7479 |
| (1) In writing by the resident or recipient; | 7480 |
| (2) Orally by the resident or recipient, witnessed in writing | 7481 |
| at the time it is given by one other person, and, if the records | 7482 |
| involved are being maintained by a long-term care provider, also | 7483 |
| by an employee of the long-term care provider designated under | 7484 |
| division (E)(1) of this section; | 7485 |
| (3) In writing by the guardian of the resident or recipient; | 7486 |
| (4) In writing by the attorney in fact of the resident or | 7487 |
| recipient, if the resident or recipient has authorized the | 7488 |
| attorney in fact to give such consent; | 7489 |
| (5) In writing by the executor or administrator of the estate | 7490 |
| of a deceased resident or recipient. | 7491 |
| (B) If consent to access to records is not refused by a | 7492 |
|
resident or recipient or | 7493 |
| representative but cannot be obtained and any of the following | 7494 |
| circumstances exist, a representative of the office of the state | 7495 |
| long-term care
| 7496 |
| state
long-term care | 7497 |
| records of a resident or a recipient, including medical records, | 7498 |
| that are reasonably necessary for investigation of a complaint: | 7499 |
| (1) The resident or recipient is unable to express written or | 7500 |
| oral consent and there is no guardian or attorney in fact; | 7501 |
| (2) There is a guardian or attorney in fact, but | 7502 |
| guardian or attorney in fact cannot be contacted within three | 7503 |
| working days; | 7504 |
| (3) There is a guardianship or durable power of attorney, but | 7505 |
| its existence is unknown by the long-term care provider and the | 7506 |
| representative of the office at the time of the investigation; | 7507 |
| (4) There is no executor or administrator of the estate of a | 7508 |
| deceased resident or recipient. | 7509 |
| (C) If a representative of the office of the state long-term | 7510 |
| care | 7511 |
| records by a guardian or attorney in fact, but has reasonable | 7512 |
| cause to believe that the guardian or attorney in fact is not | 7513 |
| acting in the best interests of the resident or recipient, the | 7514 |
| representative may, on approval of the state long-term care | 7515 |
| 7516 | |
| recipient, including medical records, that are reasonably | 7517 |
| necessary for investigation of a complaint. | 7518 |
| (D) A representative of the office of the state long-term | 7519 |
|
care | 7520 |
| records of a long-term care provider reasonably necessary to an | 7521 |
| investigation conducted under this section, including but not | 7522 |
| limited to: incident reports, dietary records, policies and | 7523 |
| procedures of a facility required to be maintained under section | 7524 |
| 5111.21 of the Revised Code, admission agreements, staffing | 7525 |
| schedules, any document depicting the actual staffing pattern of | 7526 |
| the provider, any financial records that are matters of public | 7527 |
| record, resident council and grievance committee minutes, and any | 7528 |
| waiting list maintained by a facility in accordance with section | 7529 |
| 7530 | |
| lists maintained by a provider of community-based long-term care | 7531 |
| services. Pursuant to division (E)(2) of this section, a | 7532 |
| representative shall be permitted to make or obtain copies of any | 7533 |
| of these records after giving the long-term care provider | 7534 |
| twenty-four hours' notice. A long-term care provider may impose a | 7535 |
| charge for providing copies of records under this division that | 7536 |
| does not exceed the actual and necessary expense of making the | 7537 |
| copies. | 7538 |
| The state | 7539 |
| is necessary to ensure that any copy of a record made or obtained | 7540 |
| under this division is returned to the long-term care provider no | 7541 |
| later than three years after the date the investigation for which | 7542 |
| the copy was made or obtained is completed. | 7543 |
| (E)(1) Each long-term care provider shall designate one or | 7544 |
| more of its employees to be responsible for witnessing the giving | 7545 |
| of oral consent under division (A) of this section. In the event | 7546 |
| that a designated employee is not available when a resident or | 7547 |
| recipient attempts to give oral consent, the provider shall | 7548 |
| designate another employee to witness the consent. | 7549 |
| (2) Each long-term care provider shall designate one or more | 7550 |
| of its employees to be responsible for releasing records for | 7551 |
| copying to representatives of the office of the long-term care | 7552 |
| 7553 | |
| obtain copies of records specified in division (D) of this | 7554 |
| section. In the event that a designated employee is not available | 7555 |
| when a representative of the office makes the request, the | 7556 |
| long-term care provider shall designate another employee to | 7557 |
| release the records for copying. | 7558 |
| (F) A long-term care provider or any employee of such a | 7559 |
| provider is immune from civil or criminal liability or action | 7560 |
| taken pursuant to a professional disciplinary procedure for the | 7561 |
| release or disclosure of records to a representative of the office | 7562 |
| pursuant to this section. | 7563 |
| (G) A state or local government agency or entity with records | 7564 |
| relevant to a complaint or investigation being conducted by a | 7565 |
| representative of the office shall provide the representative | 7566 |
| access to the records. | 7567 |
| (H) The state | 7568 |
| the director of aging, may issue a subpoena to compel any person | 7569 |
| 7570 | |
| information to
appear before | 7571 |
| ombudsperson's designee and give sworn testimony and to produce | 7572 |
| documents, books, records, papers, or other evidence the state | 7573 |
| 7574 | |
| On the refusal of a witness to be sworn or to answer any question | 7575 |
| put to
| 7576 |
| 7577 | |
| common pleas for a contempt order, as in the case of disobedience | 7578 |
| of the requirements of a subpoena issued from the court, or a | 7579 |
| refusal to testify in the court. | 7580 |
| (I) The state | 7581 |
| of common pleas in the county in which a long-term care facility | 7582 |
| is located to issue an injunction against any long-term care | 7583 |
| facility in violation of sections 3721.10 to 3721.17 of the | 7584 |
| Revised Code. | 7585 |
| (J) Any suspected violation of Chapter 3721. of the Revised | 7586 |
| Code discovered during the course of an investigation may be | 7587 |
| reported to the department of health. Any suspected criminal | 7588 |
| violation discovered during the course of an investigation shall | 7589 |
| be reported to the attorney general or other appropriate law | 7590 |
| enforcement authorities. | 7591 |
| (K) The department of aging shall adopt rules in accordance | 7592 |
| with Chapter 119. of the Revised Code for referral by the state | 7593 |
| 7594 | |
| ombudsperson programs of complaints to other public agencies or | 7595 |
| entities. A public agency or entity to which a complaint is | 7596 |
| referred shall
keep the state | 7597 |
| program handling the complaint advised and notified in writing in | 7598 |
| a timely manner of the disposition of the complaint to the extent | 7599 |
| permitted by law. | 7600 |
| Sec. 173.21. (A) The office of the state long-term care | 7601 |
| 7602 | |
| 7603 | |
| ombudsperson programs, shall require each representative of the | 7604 |
| office to complete a training and certification program in | 7605 |
| accordance with this section and to meet the continuing education | 7606 |
| requirements established under this section. | 7607 |
| (B) The department of aging shall adopt rules under Chapter | 7608 |
| 119. of the Revised Code specifying the content of training | 7609 |
| programs for representatives of the office of the state long-term | 7610 |
| care | 7611 |
| other than those who are volunteers providing services through | 7612 |
|
regional long-term care | 7613 |
| include instruction regarding federal, state, and local laws, | 7614 |
| rules, and policies on long-term care facilities and | 7615 |
| community-based long-term care services; investigative techniques; | 7616 |
| and other topics considered relevant by the department and shall | 7617 |
| consist of the following: | 7618 |
| (1) A minimum of forty clock hours of basic instruction, | 7619 |
| which shall be completed before the trainee is permitted to handle | 7620 |
| complaints without the supervision of a representative of the | 7621 |
| office certified under this section; | 7622 |
| (2) An additional sixty clock hours of instruction, which | 7623 |
| shall be completed within the first fifteen months of employment; | 7624 |
| (3) An internship of twenty clock hours, which shall be | 7625 |
| completed within the first twenty-four months of employment, | 7626 |
| including instruction in, and observation of, basic nursing care | 7627 |
| and long-term care provider operations and procedures. The | 7628 |
| internship shall be performed at a site that has been approved as | 7629 |
|
an internship site by the state long-term care | 7630 |
| ombudsperson. | 7631 |
| (4) One of the following, which shall be completed within the | 7632 |
| first twenty-four months of employment: | 7633 |
| (a) Observation of a survey conducted by the director of | 7634 |
|
health to certify a facility to receive funds under | 7635 |
| 7636 |
| (b) Observation of an inspection conducted by the director of | 7637 |
| health to license an adult care facility under section 3722.04 of | 7638 |
| the Revised Code. | 7639 |
| (5) Any other training considered appropriate by the | 7640 |
| department. | 7641 |
| (C) Persons who for a period of at least six months prior to | 7642 |
| June 11, 1990, served as ombudsmen through the long-term care | 7643 |
| 7644 | |
| aging under division (M) of section 173.01 of the Revised Code | 7645 |
| shall not be required to complete a training program. These | 7646 |
| persons and persons who complete a training program shall take an | 7647 |
| examination administered by the department of aging. On attainment | 7648 |
| of a passing score, the person shall be certified by the | 7649 |
| department as a representative of the office. The department shall | 7650 |
| issue the person an identification card, which the representative | 7651 |
| shall
show at the request of any person with whom | 7652 |
|
representative deals while performing | 7653 |
| duties and which | 7654 |
| the representative separates from the office. | 7655 |
| (D) The state | 7656 |
| program shall conduct training programs for volunteers on their | 7657 |
| respective staffs in accordance with the rules of the department | 7658 |
| of aging adopted under division (B) of this section. Training | 7659 |
| programs may be conducted that train volunteers to complete some, | 7660 |
| but not all, of the duties of a representative of the office. Each | 7661 |
| regional office shall bear the cost of training its | 7662 |
| representatives who are volunteers. On completion of a training | 7663 |
| program, the representative shall take an examination administered | 7664 |
| by the department of aging. On attainment of a
passing score, | 7665 |
| volunteer shall be certified by the department as a representative | 7666 |
| authorized to perform services specified in the certification. The | 7667 |
| department shall issue an identification card, which the | 7668 |
| representative shall show at the request of any person with whom | 7669 |
| 7670 | |
| representative's duties and which | 7671 |
| surrendered at the time | 7672 |
| office. Except as a supervised part of a training program, no | 7673 |
| volunteer shall perform any duty unless he is certified as a | 7674 |
| representative having received appropriate training for that duty. | 7675 |
| (E) The state | 7676 |
| assistance to regional programs conducting training programs for | 7677 |
| volunteers and shall monitor the training programs. | 7678 |
| (F) Prior to scheduling an observation of a certification | 7679 |
| survey or licensing inspection for purposes of division (B)(4) of | 7680 |
|
this section, the state | 7681 |
| permission to have the survey or inspection observed from both the | 7682 |
| director of health and the long-term care facility at which the | 7683 |
| survey or inspection is to take place. | 7684 |
| (G) The department of aging shall establish continuing | 7685 |
| education requirements for representatives of the office. | 7686 |
| Sec. 173.26. (A) Each of the following facilities shall | 7687 |
| annually pay to the department of aging six dollars for each bed | 7688 |
| maintained by the facility for use by a resident during any part | 7689 |
| of the previous year: | 7690 |
| (1) Nursing homes, residential care facilities, and homes for | 7691 |
| the aging as defined in section 3721.01 of the Revised Code; | 7692 |
| (2) Facilities authorized to provide extended care services | 7693 |
| under Title XVIII of the "Social Security Act," 49 Stat. 620 | 7694 |
| (1935), 42 U.S.C. 301, as amended; | 7695 |
| (3) County homes and district homes operated pursuant to | 7696 |
| Chapter 5155. of the Revised Code; | 7697 |
| (4) Adult care facilities as defined in section 3722.01 of | 7698 |
| the Revised Code; | 7699 |
| (5) Facilities approved by the Veterans Administration under | 7700 |
| Section 104(a) of the "Veterans Health Care Amendments of 1983," | 7701 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 7702 |
| the placement and care of veterans. | 7703 |
| The department shall, by rule adopted in accordance with | 7704 |
| Chapter 119. of the Revised Code, establish deadlines for payments | 7705 |
| required by this section. A facility that fails to pay a payment | 7706 |
| required by this section not later than ninety days after the | 7707 |
| established deadline shall be assessed at two times the original | 7708 |
| invoiced payment. | 7709 |
| (B) All money collected under this section shall be deposited | 7710 |
| in the state treasury to the credit of the office of the state | 7711 |
| long-term care ombudsperson program fund, which is hereby created. | 7712 |
| Money credited to the fund shall be used solely to pay the costs | 7713 |
| of operating the regional long-term care ombudsperson programs. | 7714 |
| (C) The state long-term care ombudsperson and the regional | 7715 |
| programs may solicit and receive contributions to support the | 7716 |
| operation of the office or a regional program, except that no | 7717 |
| contribution shall be solicited or accepted that would interfere | 7718 |
| with the independence or objectivity of the office or program. | 7719 |
| Sec. 173.39. As used in sections 173.39 to 173.393 of the | 7720 |
| Revised Code, "community-based long-term care services" has the | 7721 |
| same meaning as in section 173.14 of the Revised Code. | 7722 |
| Except as provided in section 173.392 of the Revised Code, | 7723 |
| the department of aging may not pay a person or government entity | 7724 |
| for providing community-based long-term care services under a | 7725 |
| program the department administers unless the person or government | 7726 |
| entity is certified under section 173.391 of the Revised Code and | 7727 |
| provides the services. | 7728 |
| Sec. 173.391. (A) The department of aging or its designee | 7729 |
| shall do all of the following in accordance with Chapter 119. of | 7730 |
| the Revised Code: | 7731 |
| (1) Certify a person or government entity to provide | 7732 |
| community-based long-term care services under a program the | 7733 |
| department administers if the person or government entity | 7734 |
| satisfies the requirements for certification established by rules | 7735 |
| adopted under division (B) of this section; | 7736 |
| (2) When required to do so by rules adopted under division | 7737 |
| (B) of this section, take one or more of the following | 7738 |
| disciplinary actions against a person or government entity issued | 7739 |
| a certificate under division (A)(1) of this section: | 7740 |
| (a) Issue a written warning; | 7741 |
| (b) Require the submission of a plan of correction; | 7742 |
| (c) Suspend referrals; | 7743 |
| (d) Remove clients; | 7744 |
| (e) Impose a fiscal sanction such as a civil monetary penalty | 7745 |
| or an order that unearned funds be repaid; | 7746 |
| (f) Revoke the certificate; | 7747 |
| (g) Impose another sanction. | 7748 |
| (3) Hold hearings when there is a dispute between the | 7749 |
| department or its designee and a person or government entity | 7750 |
| concerning actions the department or its designee takes or does | 7751 |
| not take under division (A)(1) or (2) of this section. | 7752 |
| (B) The director of aging shall adopt rules in accordance | 7753 |
| with Chapter 119. of the Revised Code establishing certification | 7754 |
| requirements and standards for determining which type of | 7755 |
| disciplinary action to take under division (A)(2) of this section | 7756 |
| in individual situations. The rules shall establish procedures for | 7757 |
| all of the following: | 7758 |
| (1) Ensuring that PASSPORT agencies, as defined in section | 7759 |
| 173.41 of the Revised Code, comply with that section; | 7760 |
| (2) Evaluating the services provided to ensure that they are | 7761 |
| provided in a quality manner advantageous to the individual | 7762 |
| receiving the services; | 7763 |
| (3) Determining when to take disciplinary action under | 7764 |
| division (A)(2) of this section and which disciplinary action to | 7765 |
| take. | 7766 |
| (C) The procedures established in rules adopted under | 7767 |
| division (B)(2) of this section shall require that all of the | 7768 |
| following be considered as part of an evaluation: | 7769 |
| (1) The service provider's experience and financial | 7770 |
| responsibility; | 7771 |
| (2) The service provider's ability to comply with standards | 7772 |
| for the community-based long-term care services that the provider | 7773 |
| provides under a program the department administers; | 7774 |
| (3) The service provider's ability to meet the needs of the | 7775 |
| individuals served; | 7776 |
| (4) Any other factor the director considers relevant. | 7777 |
| (D) The rules adopted under division (B)(3) of this section | 7778 |
| shall specify that the reasons disciplinary action may be taken | 7779 |
| under division (A)(2) of this section include good cause, | 7780 |
| including misfeasance, malfeasance, nonfeasance, confirmed abuse | 7781 |
| or neglect, financial irresponsibility, or other conduct the | 7782 |
| director determines is injurious to the health or safety of | 7783 |
| individuals being served. | 7784 |
| Sec. 173.392. (A) The department of aging may pay a person or | 7785 |
| government entity for providing community-based long-term care | 7786 |
| services under a program the department administers, even though | 7787 |
| the person or government entity is not certified under section | 7788 |
| 173.391 of the Revised Code if all of the following are the case: | 7789 |
| (1) The person or government entity has a contract with the | 7790 |
| department of aging or the department's designee to provide the | 7791 |
| services; | 7792 |
| (2) The contract includes detailed conditions of | 7793 |
| participation for providers of services under a program the | 7794 |
| department administers and service standards that the person or | 7795 |
| government entity is required to satisfy; | 7796 |
| (3) The person or government entity complies with the | 7797 |
| contract. | 7798 |
| (B) The director of aging shall adopt rules in accordance | 7799 |
| with Chapter 119. of the Revised Code governing both of the | 7800 |
| following: | 7801 |
| (1) Contracts between the department of aging and persons and | 7802 |
| government entities regarding community-based long-term care | 7803 |
| services provided under a program the department administers; | 7804 |
| (2) The department's payment for community-based long-term | 7805 |
| care services provided under such a contract. | 7806 |
| Sec. 173.393. The records of an evaluation conducted in | 7807 |
| accordance with rules adopted under division (B)(2) of section | 7808 |
| 173.391 of the Revised Code are public records for purposes of | 7809 |
| section 149.43 of the Revised Code and shall be made available on | 7810 |
| request of any person, including individuals receiving or seeking | 7811 |
| community-based long-term care services under a program the | 7812 |
| department of aging administers. | 7813 |
| Sec. 173.40. There is hereby created a medicaid waiver | 7814 |
|
component | 7815 |
| as defined in section 5111.85 of the Revised Code, to be known as | 7816 |
| the preadmission screening system providing options and resources | 7817 |
| today program, or PASSPORT. The PASSPORT program shall provide | 7818 |
| home and community-based services as an alternative to nursing | 7819 |
| facility placement for aged and disabled medicaid recipients. The | 7820 |
| program shall be operated pursuant to a home and community-based | 7821 |
| waiver granted by the United States secretary of health and human | 7822 |
| services under section 1915 of the "Social Security Act," 49 Stat. | 7823 |
| 620 (1935), 42 U.S.C. 1396n, as amended. The department of aging | 7824 |
| shall administer the program through a contract entered into with | 7825 |
| the department of job and family services under section 5111.91 of | 7826 |
| the Revised
Code. The
| 7827 |
| family services shall adopt rules under section 5111.85 of the | 7828 |
| Revised Code and the director of aging shall adopt rules in | 7829 |
| accordance with Chapter 119. of the Revised Code to implement the | 7830 |
| program. | 7831 |
| | 7832 |
| 7833 | |
| this section: | 7834 |
| (1)
" | 7835 |
| 7836 | |
| 7837 | |
| 7838 | |
| 7839 | |
| 7840 | |
| private nonprofit entity designated under section 173.011 of the | 7841 |
| Revised Code to administer programs on behalf of the department of | 7842 |
| aging. | 7843 |
| (2) "Medicaid" means the medical assistance program | 7844 |
| established under Chapter 5111. of the Revised Code. | 7845 |
| (3) "Nursing facility" has the same meaning as in section | 7846 |
| 5111.20 of the Revised Code. | 7847 |
| (4) "Representative" means a person acting on behalf of an | 7848 |
| 7849 | |
| services, applying for admission to a nursing facility, or | 7850 |
| residing in a nursing facility. A representative may be a family | 7851 |
| member, attorney, hospital social worker, or any other person | 7852 |
| chosen to act on behalf of | 7853 |
| (5) "Third-party payment source" means a third-party payer as | 7854 |
| defined in section 3901.38 of the Revised Code or medicaid. | 7855 |
| (B) | 7856 |
| 7857 | |
| 7858 | |
| 7859 | |
| 7860 | |
| 7861 | |
| 7862 | |
| 7863 |
| | 7864 |
| 7865 | |
| 7866 | |
| 7867 | |
| 7868 | |
| 7869 | |
| 7870 | |
| 7871 | |
| 7872 | |
| 7873 | |
| 7874 | |
| 7875 | |
| 7876 | |
| 7877 |
| (1) The department of aging shall develop a long-term care | 7878 |
| consultation program whereby individuals or their representatives | 7879 |
| are provided with information through professional consultations | 7880 |
| about options available to meet long-term care needs and about | 7881 |
| factors to consider in making long-term care decisions. Except as | 7882 |
| provided in division (B)(2) of this section, the program shall be | 7883 |
| administered by the department. | 7884 |
| (2) The department may enter into a contract with an area | 7885 |
| agency on aging or other entity selected by the department under | 7886 |
| which the long-term care consultation program for a particular | 7887 |
| area is administered by the area agency on aging or other entity | 7888 |
| pursuant to the contract. | 7889 |
| (C) The long-term care consultations performed for purposes | 7890 |
| of this section shall be performed | 7891 |
| the department under section | 7892 |
| 7893 | |
| 7894 | |
| 7895 | |
| 7896 | |
| 7897 | |
| 7898 | |
| 7899 | |
| 7900 | |
| 7901 | |
| 7902 | |
| 7903 | |
| 7904 | |
| 7905 | |
| 7906 |
| | 7907 |
| care consultation shall be appropriate to the individual's needs | 7908 |
| and situation and shall address all of the following: | 7909 |
| (1) The availability of any long-term care options open to | 7910 |
| the individual; | 7911 |
| (2) Sources and methods of both public and private payment | 7912 |
| for long-term care services; | 7913 |
| (3) Factors to consider when choosing among the available | 7914 |
| programs, services, and benefits; | 7915 |
| (4) Opportunities and methods for maximizing independence and | 7916 |
| self-reliance, including support services provided by the | 7917 |
| individual's family, friends, and community. | 7918 |
| (E) An individual's long-term care consultation may include | 7919 |
| an assessment of the individual's functional capabilities. The | 7920 |
| consultation may incorporate portions of the determinations | 7921 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 7922 |
| Revised Code and may be performed concurrently with the assessment | 7923 |
| required under section 5111.204 of the Revised Code. | 7924 |
| (F)(1) Unless an individual is exempt pursuant to division | 7925 |
| (H) of this section from receiving a long-term care consultation, | 7926 |
| a long-term care consultation shall be performed for both of the | 7927 |
| following: | 7928 |
| (a) Each individual who applies or indicates an intention to | 7929 |
| apply for admission to a nursing facility, regardless of the | 7930 |
| source of payment to be used for the individual's care in the | 7931 |
| nursing facility; | 7932 |
| (b) Each resident of a nursing facility who applies or | 7933 |
| indicates an intention to apply for medicaid. | 7934 |
| (2) Long-term care consultations may be performed for nursing | 7935 |
| facility residents who have not applied and have not indicated an | 7936 |
| intention to apply for medicaid. The purpose of consultations for | 7937 |
| these individuals shall be to determine continued need for nursing | 7938 |
| facility services, to provide information on alternative services, | 7939 |
| and to make referrals to alternative services. | 7940 |
| (G)(1) When a long-term care consultation is required to be | 7941 |
| performed pursuant to division (F)(1) of this section, the | 7942 |
| consultation shall be performed as follows or pursuant to division | 7943 |
| (G)(2) or (3) of this section: | 7944 |
| (a) If the individual for whom the consultation is being | 7945 |
| performed has applied for medicaid and the consultation is being | 7946 |
| performed concurrently with the assessment required under section | 7947 |
| 5111.204 of the Revised Code, the consultation shall be completed | 7948 |
| in accordance with the applicable time frames specified in that | 7949 |
| section for providing a level of care determination based on the | 7950 |
| assessment. | 7951 |
| (b) In all other cases, the consultation shall be performed | 7952 |
| not later than five calendar days after the department or the | 7953 |
| program administrator under contract with the department receives | 7954 |
| notice of the reason for which the consultation is required to be | 7955 |
| performed pursuant to division (F)(1) of this section. | 7956 |
| (2) An individual or the individual's representative may | 7957 |
| request that a long-term care consultation be performed on a date | 7958 |
| that is later than the date required under division (G)(1)(a) or | 7959 |
| (b) of this section. | 7960 |
| (3) If a long-term care consultation cannot be completed | 7961 |
| within the number of days required by division (G)(1) or (2) of | 7962 |
| this section, the department or the program administrator under | 7963 |
| contract with the department may do any of the following: | 7964 |
| (a) Exempt the individual from the consultation pursuant to | 7965 |
| rules that may be adopted under division (K) of this section; | 7966 |
| (b) In the case of an applicant for admission to a nursing | 7967 |
| facility, perform the consultation after the individual is | 7968 |
| admitted to the nursing facility; | 7969 |
| (c) In the case of a resident of a nursing facility, perform | 7970 |
| the consultation as soon as practicable. | 7971 |
| (H) An individual is not required to be | 7972 |
| long-term care consultation under | 7973 |
| any of the following apply: | 7974 |
| (1) The | 7975 |
| representative chooses to forego participation in the consultation | 7976 |
| pursuant to criteria specified | 7977 |
| 7978 |
| (2) The | 7979 |
| facility under a contract for continuing care as defined in | 7980 |
| section 173.13
of the
Revised Code | 7981 |
| (3) The | 7982 |
| admission to a nursing facility operated as part of a system of | 7983 |
| continuing care in conjunction with one or more facilities that | 7984 |
| provide a less intensive level of services, including a | 7985 |
| residential care facility licensed under Chapter 3721. of the | 7986 |
| Revised Code, an | 7987 |
| Chapter 3722. of the Revised Code, or an independent living | 7988 |
| arrangement; | 7989 |
| (4) The | 7990 |
| home for the aged exempt from taxation under section 5701.13 of | 7991 |
| the Revised Code; | 7992 |
| (5) The | 7993 |
| 7994 | |
| 7995 | |
| 7996 | |
| 7997 | |
| admission to a facility that is not a nursing facility with a | 7998 |
| provider agreement under section 5111.22 of the Revised Code; | 7999 |
| (6) The | 8000 |
| nursing
facility | 8001 |
| 8002 | |
| 8003 | |
| 8004 | |
| 8005 | |
| 8006 |
| (7) The | 8007 |
| facility
following
a period of hospitalization | 8008 |
| 8009 | |
| 8010 | |
| 8011 | |
| 8012 |
| (8) The | 8013 |
| 8014 | |
| 8015 | |
| 8016 | |
| the long-term care consultation requirement by the department or | 8017 |
| the program administrator pursuant to rules that may be adopted | 8018 |
| under division (K) of this section. | 8019 |
| | 8020 |
| 8021 | |
| 8022 | |
| 8023 |
| | 8024 |
| 8025 | |
| 8026 | |
| 8027 |
| | 8028 |
| 8029 | |
| 8030 | |
| 8031 | |
| 8032 |
| | 8033 |
| 8034 | |
| 8035 | |
| 8036 |
| | 8037 |
| 8038 | |
| 8039 | |
| 8040 | |
| 8041 | |
| 8042 |
| | 8043 |
| 8044 | |
| 8045 | |
| 8046 | |
| 8047 |
| | 8048 |
| long-term care consultation, the department or the program | 8049 |
| administrator under contract with the department shall provide the | 8050 |
| individual or individual's representative with a written summary | 8051 |
| of options and resources available to meet the individual's needs. | 8052 |
| Even though the summary may specify that a source of long-term | 8053 |
| care other than care in a nursing facility is appropriate and | 8054 |
| available, the individual is not required to seek an alternative | 8055 |
| source of long-term care and may be admitted to or continue to | 8056 |
| reside in
a nursing facility | 8057 |
| 8058 | |
| 8059 | |
| 8060 |
| | 8061 |
| provider agreement | 8062 |
| the Revised Code shall
admit
or retain any | 8063 |
| 8064 | |
| 8065 | |
| nursing facility has received
evidence that a | 8066 |
| 8067 | |
| individual or division (H) of this section is applicable to the | 8068 |
| individual. | 8069 |
| | 8070 |
| may adopt
any rules | 8071 |
| 8072 | |
| for the implementation and administration of this section. The | 8073 |
| rules shall | 8074 |
| the Revised Code and may specify all of the following: | 8075 |
| (1) | 8076 |
| 8077 | |
| 8078 |
| | 8079 |
| 8080 |
| | 8081 |
| 8082 | |
| 8083 |
| | 8084 |
| 8085 |
| | 8086 |
| 8087 | |
| 8088 |
| | 8089 |
| 8090 | |
| 8091 |
| | 8092 |
| 8093 | |
| 8094 |
| | 8095 |
| 8096 |
| | 8097 |
| 8098 | |
| Procedures for performing long-term care consultations pursuant to | 8099 |
| this section; | 8100 |
| (2) Information to be provided through long-term care | 8101 |
| consultations regarding long-term care services that are | 8102 |
| available; | 8103 |
| (3) Criteria for identifying nursing facility residents who | 8104 |
| would benefit from long-term care consultations; | 8105 |
| (4) Criteria under which an individual or the individual's | 8106 |
| representative may chose to forego participation in a long-term | 8107 |
| care consultation; | 8108 |
| (5) Criteria for exempting individuals from the long-term | 8109 |
| care consultation requirement. | 8110 |
| | 8111 |
| a nursing facility an amount determined by rules the director | 8112 |
| shall
adopt
in accordance with Chapter 119. of the Revised Code | 8113 |
| 8114 |
| | 8115 |
| 8116 | |
| 8117 |
| | 8118 |
| individual, without evidence that a
| 8119 |
| long-term care consultation has been | 8120 |
| 8121 | |
| 8122 |
| | 8123 |
| of the Revised Code, all fines collected under this division shall | 8124 |
| be deposited into the state treasury to the credit of the | 8125 |
| residents protection fund | 8126 |
| 8127 |
| | 8128 |
| 8129 | |
| 8130 | |
| 8131 | |
| 8132 | |
| established by rule to
perform
| 8133 |
| consultations for purposes of section | 8134 |
| of the Revised Code.
The director of | 8135 |
| shall adopt rules in accordance with Chapter 119. of the Revised | 8136 |
| Code governing the certification process and requirements. The | 8137 |
| rules shall specify the education, experience, or training in | 8138 |
| 8139 | |
| certification. | 8140 |
| Sec. 173.44. (A) As used in this section, "nursing home" and | 8141 |
| "residential care facility" have the same meanings as in section | 8142 |
| 3721.01 of the Revised Code. | 8143 |
| (B) The department of aging may conduct an annual survey of | 8144 |
| nursing homes and residential care facilities. The survey shall | 8145 |
| include questions about capacity, occupancy, and private pay | 8146 |
| charges. The department may contract with an outside entity to | 8147 |
| conduct the survey and analyze the results. The results of the | 8148 |
| survey and any analysis completed by the department or its | 8149 |
| designee shall be made available to the general assembly, other | 8150 |
| state agencies, nursing home and residential care facility | 8151 |
| providers, and the general public. | 8152 |
| (C) No nursing home or residential care facility shall | 8153 |
| recklessly fail to complete the survey. | 8154 |
| Sec. 173.45. As used in this section and in sections 173.46 | 8155 |
| to 173.49 of the Revised Code: | 8156 |
| (A) "Long-term care facility" means any of the following: | 8157 |
| (1) A nursing home; | 8158 |
| (2) A residential care facility; | 8159 |
| (3) A county home or district home that has never been | 8160 |
| licensed as a residential care facility under Chapter 3721. of the | 8161 |
| Revised Code. | 8162 |
| (B) "County home," "district home," "nursing home," and | 8163 |
| "residential care facility" have the same meanings as in section | 8164 |
| 3721.01 of the Revised Code. | 8165 |
| (C) "Nursing facility" has the same meaning as in section | 8166 |
| 5111.20 of the Revised Code. | 8167 |
| Sec. 173.46. (A) The department of aging shall develop and | 8168 |
| publish a guide to long-term care facilities for use by | 8169 |
| individuals considering long-term care facility admission and | 8170 |
| their families, friends, and advisors. The guide, which shall be | 8171 |
| titled the Ohio long-term care consumer guide, may be published in | 8172 |
| printed form or in electronic form for distribution over the | 8173 |
| internet. The guide may be developed as a continuation or | 8174 |
| modification of the guide published by the department prior to the | 8175 |
| effective date of this section under rules adopted under section | 8176 |
| 173.02 of the Revised Code. | 8177 |
| (B) The Ohio long-term care consumer guide shall include | 8178 |
| information on each long-term care facility in this state. For | 8179 |
| each facility, the guide shall include the following information, | 8180 |
| as applicable to the facility: | 8181 |
| (1) Information regarding the facility's compliance with | 8182 |
| state statutes and rules and federal statutes and regulations; | 8183 |
| (2) Information generated by the centers for medicare and | 8184 |
| medicaid services of the United States department of health and | 8185 |
| human services from the quality measures developed as part of its | 8186 |
| nursing home quality initiative; | 8187 |
| (3) Results of the customer satisfaction surveys conducted | 8188 |
| under section 173.47 of the Revised Code; | 8189 |
| (4) Any other information the department specifies in rules | 8190 |
| adopted under section 173.49 of the Revised Code. | 8191 |
| Sec. 173.47. (A) For purposes of publishing the Ohio | 8192 |
| long-term care consumer guide, the department of aging shall | 8193 |
| conduct or provide for the conduct of an annual customer | 8194 |
| satisfaction survey of each long-term care facility. The results | 8195 |
| of the surveys may include information obtained from long-term | 8196 |
| care facility residents, their families, or both. | 8197 |
| (B)(1) The department may charge fees for the conduct of | 8198 |
| annual customer satisfaction surveys. The department may contract | 8199 |
| with any person or government entity to collect the fees on its | 8200 |
| behalf. All fees collected under this section shall be deposited | 8201 |
| in accordance with section 173.48 of the Revised Code. | 8202 |
| (2) The fees charged under this section shall not exceed the | 8203 |
| following amounts: | 8204 |
| (a) Four hundred dollars for the customer satisfaction survey | 8205 |
| of a long-term care facility that is a nursing home or county home | 8206 |
| or district home operated in the same manner as a nursing home; | 8207 |
| (b) Three hundred dollars for the customer satisfaction | 8208 |
| survey pertaining to a long-term care facility that is a | 8209 |
| residential care facility or county home or district home not | 8210 |
| licensed as a residential care facility but operated in the same | 8211 |
| manner as a residential care facility. | 8212 |
| (3) Fees paid by a long-term care facility that is a nursing | 8213 |
| facility shall be reimbursed through the medicaid program operated | 8214 |
| under Chapter 5111. of the Revised Code. | 8215 |
| (C) Each long-term care facility shall cooperate in the | 8216 |
| conduct of its annual customer satisfaction survey. The director | 8217 |
| of aging may ask the attorney general to apply to the court of | 8218 |
| common pleas of the county in which a long-term care facility is | 8219 |
| located for a temporary or permanent injunction restraining the | 8220 |
| facility from failing to cooperate in the conduct of its customer | 8221 |
| satisfaction survey. | 8222 |
| Sec. 173.48. There is hereby created in the state treasury | 8223 |
| the long-term care consumer guide fund. Money collected from the | 8224 |
| fees charged for the conduct of customer satisfaction surveys | 8225 |
| under section 173.47 of the Revised Code shall be credited to the | 8226 |
| fund. The department of aging shall use money in the fund for | 8227 |
| costs associated with publishing the Ohio long-term care consumer | 8228 |
| guide, including costs incurred in conducting or providing for the | 8229 |
| conduct of customer satisfaction surveys. | 8230 |
| Sec. 173.49. The department of aging shall adopt rules as the | 8231 |
| department considers necessary to implement and administer | 8232 |
| sections 173.45 to 173.48 of the Revised Code. The rules shall be | 8233 |
| adopted under Chapter 119. of the Revised Code. | 8234 |
| Sec. 173.50. Pursuant to a contract entered into with the | 8235 |
| department of job and family services as an interagency agreement | 8236 |
| under section 5111.91 of the Revised Code, the department of aging | 8237 |
| shall carry out the day-to-day administration of the component of | 8238 |
| the medicaid program established under Chapter 5111. of the | 8239 |
| Revised Code known as the program of all-inclusive care for the | 8240 |
| elderly or PACE. The department shall carry out its PACE | 8241 |
| administrative duties in accordance with the provisions of the | 8242 |
| interagency agreement and all applicable federal laws, including | 8243 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, | 8244 |
| as amended. | 8245 |
| Sec. 173.99. (A) A long-term care provider, person employed | 8246 |
| by a long-term care provider, other entity, or employee of such | 8247 |
| other entity that violates division (C) of section 173.24 of the | 8248 |
| Revised Code is subject to a fine not to exceed one thousand | 8249 |
| dollars for each violation. | 8250 |
| (B) Whoever violates division (C) of section 173.23 of the | 8251 |
| Revised Code is guilty of registering a false complaint, a | 8252 |
| misdemeanor of the first degree. | 8253 |
| (C) A long-term care provider, other entity, or person | 8254 |
| employed by a long-term care provider or other entity that | 8255 |
| violates division (E) of section 173.19 of the Revised Code by | 8256 |
| denying a representative of the office of the state long-term care | 8257 |
| ombudsperson program the access required by that division is | 8258 |
| subject to a fine not to exceed five hundred dollars for each | 8259 |
| violation. | 8260 |
| (D) Whoever violates division (C) of section 173.44 of the | 8261 |
| Revised Code is subject to a fine of one hundred dollars. | 8262 |
| Sec. 183.28. The education technology trust fund is hereby | 8263 |
| created in the state treasury. Money credited to the fund shall be | 8264 |
| used to pay costs of the agency designated by the governor to | 8265 |
| assume the functions of the Ohio SchoolNet
commission | 8266 |
| 8267 | |
| the fund shall be credited to the fund. | 8268 |
| Sec. 307.88. (A) Bids submitted pursuant to sections 307.86 | 8269 |
| to 307.92 of the Revised Code shall be in a form prescribed by the | 8270 |
| contracting authority and filed in a sealed envelope at the time | 8271 |
| and place mentioned in the | 8272 |
| shall be opened and tabulated at the time stated in the notice. | 8273 |
| Each bid shall contain the full name of each person submitting the | 8274 |
| bid. | 8275 |
| 8276 | |
| for a contract for the construction, demolition, alteration, | 8277 |
| repair, or reconstruction of an improvement, it shall meet the | 8278 |
| requirements of section 153.54 of the Revised Code. If the bid is | 8279 |
| in excess of | 8280 |
| contract authorized by sections 307.86 to 307.92 of the Revised | 8281 |
| Code, it shall be accompanied by a bond or certified check, | 8282 |
| cashier's check, or money order on a solvent bank or savings and | 8283 |
| loan association in a reasonable amount stated in the | 8284 |
| 8285 | |
| conditioned that | 8286 |
| accepted, shall execute a contract in conformity to the invitation | 8287 |
| and | 8288 |
| (B) The board of county commissioners | 8289 |
| vote of the entire board, may permit a contracting authority to | 8290 |
| exempt a bid from any or all of the requirements of section 153.54 | 8291 |
| of the Revised Code if the estimated cost is | 8292 |
| thousand dollars or less. If the board exempts a bid from any but | 8293 |
| not all of | 8294 |
| the newspaper pursuant to section 307.87 of the Revised Code shall | 8295 |
| state the specific bid guaranty requirements that apply. If the | 8296 |
| board exempts a bid from all requirements of section 153.54 of the | 8297 |
| Revised Code, the notice shall state that none of the requirements | 8298 |
| of that section apply. | 8299 |
| Sec. 317.08. (A) Except as provided in divisions (C) and (D) | 8300 |
| of this section, the county recorder shall keep six separate sets | 8301 |
| of records as follows: | 8302 |
| (1) A record of deeds, in which shall be recorded all deeds | 8303 |
| and other instruments of writing for the absolute and | 8304 |
| unconditional sale or conveyance of lands, tenements, and | 8305 |
| hereditaments; all notices as provided in sections 5301.47 to | 8306 |
| 5301.56 of the Revised Code; all judgments or decrees in actions | 8307 |
| brought under section 5303.01 of the Revised Code; all | 8308 |
| declarations and bylaws, and all amendments to declarations and | 8309 |
| bylaws, as provided in Chapter 5311. of the Revised Code; | 8310 |
| affidavits as provided in section 5301.252 of the Revised Code; | 8311 |
| all certificates as provided in section 5311.17 of the Revised | 8312 |
| Code; all articles dedicating archaeological preserves accepted by | 8313 |
| the director of the Ohio historical society under section 149.52 | 8314 |
| of the Revised Code; all articles dedicating nature preserves | 8315 |
| accepted by the director of natural resources under section | 8316 |
| 1517.05 of the Revised Code; all agreements for the registration | 8317 |
| of lands as archaeological or historic landmarks under section | 8318 |
| 149.51 or 149.55 of the Revised Code; all conveyances of | 8319 |
| conservation easements and agricultural easements under section | 8320 |
| 5301.68 of the Revised Code; all instruments extinguishing | 8321 |
| agricultural easements under section 901.21 or 5301.691 of the | 8322 |
| Revised Code or pursuant to terms of such an easement granted to a | 8323 |
| charitable organization under section 5301.68 of the Revised Code; | 8324 |
| all instruments or orders described in division (B)(1)(c)(ii) of | 8325 |
| section 5301.56 of the Revised Code; all no further action letters | 8326 |
| issued under section 122.654 or 3746.11 of the Revised Code; all | 8327 |
| covenants not to sue issued under section 3746.12 of the Revised | 8328 |
| Code, including all covenants not to sue issued pursuant to | 8329 |
| section 122.654 of the Revised Code; any restrictions on the use | 8330 |
| of property contained in a no further action letter issued under | 8331 |
| section 122.654 of the Revised Code, any restrictions on the use | 8332 |
| of property identified pursuant to division (C)(3)(a) of section | 8333 |
| 3746.10 of the Revised Code, and any restrictions on the use of | 8334 |
| property contained in a deed or other instrument as provided in | 8335 |
| division (E) or (F) of section 3737.882 of the Revised Code; any | 8336 |
| easement executed or granted under section 3734.22, 3734.24, | 8337 |
| 3734.25, or 3734.26 of the Revised Code; any environmental | 8338 |
| covenant entered into in accordance with sections 5301.80 to | 8339 |
| 5301.92 of the Revised Code; all memoranda of trust, as described | 8340 |
| in division (A) of section 5301.255 of the Revised Code, that | 8341 |
| describe specific real property; and all agreements entered into | 8342 |
| under division (A) of section 1521.26 of the Revised Code; | 8343 |
| (2) A record of mortgages, in which shall be recorded all of | 8344 |
| the following: | 8345 |
| (a) All mortgages, including amendments, supplements, | 8346 |
| modifications, and extensions of mortgages, or other instruments | 8347 |
| of writing by which lands, tenements, or hereditaments are or may | 8348 |
| be mortgaged or otherwise conditionally sold, conveyed, affected, | 8349 |
| or encumbered; | 8350 |
| (b) All executory installment contracts for the sale of land | 8351 |
| executed after September 29, 1961, that by their terms are not | 8352 |
| required to be fully performed by one or more of the parties to | 8353 |
| them within one year of the date of the contracts; | 8354 |
| (c) All options to purchase real estate, including | 8355 |
| supplements, modifications, and amendments of the options, but no | 8356 |
| option of that nature shall be recorded if it does not state a | 8357 |
| specific day and year of expiration of its validity; | 8358 |
| (d) Any tax certificate sold under section 5721.33 of the | 8359 |
| Revised Code, or memorandum of it, that is presented for filing of | 8360 |
| record. | 8361 |
| (3) A record of powers of attorney, including all memoranda | 8362 |
| of trust, as described in division (A) of section 5301.255 of the | 8363 |
| Revised Code, that do not describe specific real property; | 8364 |
| (4) A record of plats, in which shall be recorded all plats | 8365 |
| and maps of town lots, of the subdivision of town lots, and of | 8366 |
| other divisions or surveys of lands, any center line survey of a | 8367 |
| highway located within the county, the plat of which shall be | 8368 |
| furnished by the director of transportation or county engineer, | 8369 |
| and all drawings and amendments to drawings, as provided in | 8370 |
| Chapter 5311. of the Revised Code; | 8371 |
| (5) A record of leases, in which shall be recorded all | 8372 |
| leases, memoranda of leases, and supplements, modifications, and | 8373 |
| amendments of leases and memoranda of leases; | 8374 |
| (6) A record of declarations executed pursuant to section | 8375 |
| 2133.02 of the Revised Code and durable powers of attorney for | 8376 |
| health care executed pursuant to section 1337.12 of the Revised | 8377 |
| Code. | 8378 |
| (B) All instruments or memoranda of instruments entitled to | 8379 |
| record shall be recorded in the proper record in the order in | 8380 |
| which they are presented for record. The recorder may index, keep, | 8381 |
| and record in one volume unemployment compensation liens, internal | 8382 |
| revenue tax liens and other liens in favor of the United States as | 8383 |
| described in division (A) of section 317.09 of the Revised Code, | 8384 |
| personal tax liens, mechanic's liens, agricultural product liens, | 8385 |
| notices of liens, certificates of satisfaction or partial release | 8386 |
| of estate tax liens, discharges of recognizances, excise and | 8387 |
| franchise tax liens on corporations, broker's liens, and liens | 8388 |
|
provided for in sections 1513.33, 1513.37, 3752.13,
| 8389 |
| 5111.022, and 5311.18 of the Revised Code. | 8390 |
| The recording of an option to purchase real estate, including | 8391 |
| any supplement, modification, and amendment of the option, under | 8392 |
| this section shall serve as notice to any purchaser of an interest | 8393 |
| in the real estate covered by the option only during the period of | 8394 |
| the validity of the option as stated in the option. | 8395 |
| (C) In lieu of keeping the six separate sets of records | 8396 |
| required in divisions (A)(1) to (6) of this section and the | 8397 |
| records required in division (D) of this section, a county | 8398 |
| recorder may record all the instruments required to be recorded by | 8399 |
| this section in two separate sets of record books. One set shall | 8400 |
| be called the "official records" and shall contain the instruments | 8401 |
| listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this | 8402 |
| section. The second set of records shall contain the instruments | 8403 |
| listed in division (A)(4) of this section. | 8404 |
| (D) Except as provided in division (C) of this section, the | 8405 |
| county recorder shall keep a separate set of records containing | 8406 |
| all corrupt activity lien notices filed with the recorder pursuant | 8407 |
| to section 2923.36 of the Revised Code and a separate set of | 8408 |
| records containing all medicaid fraud lien notices filed with the | 8409 |
| recorder pursuant to section 2933.75 of the Revised Code. | 8410 |
| Sec. 317.36. (A) The county recorder shall collect the low- | 8411 |
| and moderate-income housing trust fund fee as specified in | 8412 |
| sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, | 8413 |
| 8414 | |
| 6101.09, and 6115.09 of the Revised Code. The amount of any | 8415 |
| housing trust fund fee the recorder is authorized to collect is | 8416 |
| equal to the amount of any base fee the recorder is authorized to | 8417 |
| collect for services. The housing trust fund fee shall be | 8418 |
| collected in addition to the base fee. | 8419 |
| (B) The recorder shall certify the amounts collected as | 8420 |
| housing trust fund fees pursuant to division (A) of this section | 8421 |
| into the county treasury as housing trust fund fees to be paid to | 8422 |
| the treasurer of state pursuant to section 319.63 of the Revised | 8423 |
| Code. | 8424 |
| Sec. 319.20. After complying with sections 319.202, 315.251, | 8425 |
| and 319.203 of the Revised Code, and on application and | 8426 |
| presentation of title, with the affidavits required by law, or the | 8427 |
| proper order of a court, bearing the last known address of the | 8428 |
| grantee, or of any one of the grantees named in the title, and a | 8429 |
| reference to the volume and page of the recording of the next | 8430 |
| preceding recorded instrument by or through which the grantor | 8431 |
| claims title, the county auditor shall transfer any land or town | 8432 |
| lot or part thereof, minerals therein, or mineral rights thereto, | 8433 |
| charged with taxes on the tax list, from the name in which it | 8434 |
| stands into the name of the owner, when rendered necessary by a | 8435 |
| conveyance, partition, devise, descent, or otherwise. If by reason | 8436 |
| of the conveyance or otherwise, a part only of a tract or lot, | 8437 |
| minerals therein, or mineral rights thereto, as charged in the tax | 8438 |
| list, is to be transferred, the auditor shall determine the tax | 8439 |
| value of the part of a tract or lot of real estate, minerals | 8440 |
| therein, or mineral rights thereto, so transferred, and the value | 8441 |
| of the remaining part compared with the value of the whole. | 8442 |
| Whenever a part only of a tract or lot of real estate has | 8443 |
|
been transferred by the auditor and | 8444 |
| unpaid taxes, penalties, interest, or special assessments, the | 8445 |
| unpaid taxes, penalties, interest, or special assessments shall | 8446 |
| immediately be apportioned, upon demand or request by the | 8447 |
| transferee or remaining owner, in the following manner: | 8448 |
| (A) The auditor shall allocate to the part so transferred, | 8449 |
| and to the remaining part, amounts of any current or delinquent | 8450 |
| taxes, interest, or penalties that have accrued against the parcel | 8451 |
| as a whole, proportionate to their respective values. | 8452 |
| (B) The lien of taxes, penalties, interest, and special | 8453 |
| assessments, as levied against the original tract, shall extend to | 8454 |
| the part so transferred and the part remaining only to the extent | 8455 |
| of the amounts so allocated to the respective parts. | 8456 |
| This section does not change the total amount of taxes, | 8457 |
| special assessments, or other charges as originally levied, or the | 8458 |
| total amount of the balance due. The auditor shall certify such | 8459 |
| apportionments to the county treasurer. | 8460 |
| Whenever the state acquires an entire parcel or a part only | 8461 |
| of a parcel of real property in fee simple, the county auditor, | 8462 |
| upon application of the grantor or property owner or the state, | 8463 |
| which application shall contain a description of the property as | 8464 |
| it appears on the tax list and the date of transfer of ownership, | 8465 |
|
shall prepare an estimate of the taxes that are a lien on | 8466 |
| property, but have not been determined, assessed, and levied for | 8467 |
| the year in which the property was acquired. The county auditor | 8468 |
|
shall thereupon apportion | 8469 |
| between the grantor and the state for the period of the lien year | 8470 |
| that each had or shall have had ownership or possession of the | 8471 |
| property, whichever is earlier. The county auditor shall accept | 8472 |
| payment from the state for estimated taxes at the time that the | 8473 |
| real property is acquired. | 8474 |
| Section 319.42 of the Revised Code applies to the | 8475 |
| apportionment of special assessments. | 8476 |
| Complaint against such values as determined by the auditor or | 8477 |
| the allocation of assessments by the certifying authority may be | 8478 |
| filed by the transferee or the remaining owner, and if filed, | 8479 |
| proceedings including appeals shall be had in the manner and | 8480 |
| within the time provided by sections 5717.01 to 5717.06 and | 8481 |
| 5715.19 to 5715.22 of the Revised Code, for complaints against | 8482 |
| valuation or assessment of real property. | 8483 |
| The auditor shall endorse on the deed or other evidences of | 8484 |
| title presented to the auditor that the proper transfer of the | 8485 |
| real
estate described in | 8486 |
| auditor's office or that it is not entered for taxation, and sign | 8487 |
| the auditor's name to | 8488 |
| or any one of the grantees, set forth in the deed or other | 8489 |
| evidences of title shall be entered by the auditor on the transfer | 8490 |
| sheets and on the general tax list of real property prepared | 8491 |
| pursuant to section 319.28 of the Revised Code. | 8492 |
| Sec. 319.302. (A)(1) The county auditor shall classify each | 8493 |
| parcel of real property as qualifying property or nonqualifying | 8494 |
| property, according to its principal, current use. Vacant lots and | 8495 |
| tracts of land upon which there are no structures or improvements | 8496 |
| shall be classified in accordance with their location and their | 8497 |
| highest and best probable legal use. For purposes of this section, | 8498 |
| lands and improvements thereon used for residential or | 8499 |
| agricultural purposes shall be classified as qualifying property, | 8500 |
| and all other lands and improvements thereon and minerals or | 8501 |
| rights to minerals shall be classified as nonqualifying property. | 8502 |
| (2) Each year, the county auditor shall reclassify each | 8503 |
| parcel of real property whose principal, current use has changed | 8504 |
| from the preceding year to reflect the use of the property as of | 8505 |
| the first day of January of the current tax year. | 8506 |
| (B) After complying with section 319.301 of the Revised Code, | 8507 |
| the county auditor shall reduce the remaining sums to be levied | 8508 |
| against each parcel of real property listed on the general tax | 8509 |
| list and duplicate of real and public utility property for the | 8510 |
| current tax year and classified for that tax year as qualifying | 8511 |
| property under division (A) of this section, and against each | 8512 |
| manufactured and mobile home that is taxed pursuant to division | 8513 |
| (D)(2) of section 4503.06 of the Revised Code and that is on the | 8514 |
| manufactured home tax list for the current tax year, by ten per | 8515 |
| cent, to provide a partial exemption for that property or such | 8516 |
| home. Except as otherwise provided in sections 323.152, 323.158, | 8517 |
| 505.06, and 715.263 of the Revised Code, the amount of the taxes | 8518 |
| remaining after such reduction, if any, shall be the real and | 8519 |
| public utility property taxes charged and payable on each parcel | 8520 |
| of real property, including nonqualifying property, and the | 8521 |
|
manufactured home tax charged and payable | 8522 |
| manufactured or mobile home, and shall be the amounts certified to | 8523 |
| the county treasurer for collection. Upon receipt of the tax | 8524 |
| duplicate, the treasurer shall certify to the tax commissioner the | 8525 |
| total amount by which taxes were reduced under this section, as | 8526 |
| shown on the duplicate. Such reduction shall not directly or | 8527 |
| indirectly affect the determination of the principal amount of | 8528 |
| notes that may be issued in anticipation of any tax levies or the | 8529 |
| amount of bonds or notes for any planned improvements. If after | 8530 |
| application of sections 5705.31 and 5705.32 of the Revised Code | 8531 |
| and other applicable provisions of law, including divisions (F) | 8532 |
| and (I) of section 321.24 of the Revised Code, there would be | 8533 |
| insufficient funds for payment of debt charges on bonds or notes | 8534 |
| payable from taxes reduced by this section, the reduction of taxes | 8535 |
| provided for in this section shall be adjusted to the extent | 8536 |
| necessary to provide funds from such taxes. | 8537 |
| (C) The tax commissioner shall adopt rules governing the | 8538 |
| classification of property under this section, and no property | 8539 |
| shall be classified under this section except in accordance with | 8540 |
| those rules. | 8541 |
| (D) The classification required by division (A) of this | 8542 |
| section is solely for the purpose of allowing the partial | 8543 |
| exemption for qualifying property under division (B) of this | 8544 |
| section. This section does not apply to classifying real property | 8545 |
| for any other purpose authorized or required by law, or by rule of | 8546 |
| the tax commissioner. | 8547 |
| Sec. 319.54. (A) On all moneys collected by the county | 8548 |
| treasurer on any tax duplicate of the county, other than estate | 8549 |
| tax duplicates, and on all moneys received as advance payments of | 8550 |
| personal property and classified property taxes, the county | 8551 |
| auditor, on settlement with the treasurer and tax commissioner, on | 8552 |
| or before the date prescribed by law for such settlement or any | 8553 |
| lawful extension of such date, shall be allowed as compensation | 8554 |
| for the county auditor's services the following percentages: | 8555 |
| (1) On the first one hundred thousand dollars, two and | 8556 |
| one-half per cent; | 8557 |
| (2) On the next two million dollars, eight thousand three | 8558 |
| hundred eighteen ten-thousandths of one per cent; | 8559 |
| (3) On the next two million dollars, six thousand six hundred | 8560 |
| fifty-five ten-thousandths of one per cent; | 8561 |
| (4) On all further sums, one thousand six hundred sixty-three | 8562 |
| ten-thousandths of one per cent. | 8563 |
| If any settlement is not made on or before the date | 8564 |
| prescribed by law for such settlement or any lawful extension of | 8565 |
| such date, the aggregate compensation allowed to the auditor shall | 8566 |
| be reduced one per cent for each day such settlement is delayed | 8567 |
| after the prescribed date. No penalty shall apply if the auditor | 8568 |
| and treasurer grant all requests for advances up to ninety per | 8569 |
| cent of the settlement pursuant to section 321.34 of the Revised | 8570 |
| Code. The compensation allowed in accordance with this section on | 8571 |
| settlements made before the dates prescribed by law, or the | 8572 |
| reduced compensation allowed in accordance with this section on | 8573 |
| settlements made after the date prescribed by law or any lawful | 8574 |
| extension of such date, shall be apportioned ratably by the | 8575 |
| auditor and deducted from the shares or portions of the revenue | 8576 |
| payable to the state as well as to the county, townships, | 8577 |
| municipal corporations, and school districts. | 8578 |
| (B) From all moneys collected by the county treasurer on any | 8579 |
| tax duplicate of the county, other than estate tax duplicates, and | 8580 |
| on all moneys received as advance payments of personal property | 8581 |
| and classified property taxes, there shall be paid into the county | 8582 |
| treasury to the credit of the real estate assessment fund created | 8583 |
| by section 325.31 of the Revised Code, an amount to be determined | 8584 |
| by the county auditor, which shall not exceed the following | 8585 |
| percentages: | 8586 |
| (1) On the first one hundred thousand dollars, three and | 8587 |
| one-half per cent; | 8588 |
| (2) On the next three million dollars, one and three-eighths | 8589 |
| per cent; | 8590 |
| (3) On the next three million dollars, one per cent; | 8591 |
| (4) On all further sums not exceeding one hundred fifty | 8592 |
| million dollars, three-quarters of one per cent; | 8593 |
| (5) On amounts exceeding one hundred fifty million dollars, | 8594 |
| six-tenths of one per cent. | 8595 |
| Such compensation shall be apportioned ratably by the auditor | 8596 |
| and deducted from the shares or portions of the revenue payable to | 8597 |
| the state as well as to the county, townships, municipal | 8598 |
| corporations, and school districts. | 8599 |
| (C) Each county auditor shall receive four per cent of the | 8600 |
| amount of tax collected and paid into the county treasury, on | 8601 |
| property omitted and placed by the county auditor on the tax | 8602 |
| duplicate. | 8603 |
| (D) On all estate tax moneys collected by the county | 8604 |
| treasurer, the county auditor, on settlement semiannually with the | 8605 |
| tax commissioner, shall be allowed, as compensation for the | 8606 |
| auditor's services under Chapter 5731. of the Revised Code, the | 8607 |
| following percentages: | 8608 |
| (1) Four per cent on the first one hundred thousand dollars; | 8609 |
| (2) One-half of one per cent on all additional sums. | 8610 |
| Such percentages shall be computed upon the amount collected | 8611 |
| and reported at each semiannual settlement, and shall be for the | 8612 |
| use of the general fund of the county. | 8613 |
| (E) On all cigarette license moneys collected by the county | 8614 |
| treasurer, the county auditor, on settlement semiannually with the | 8615 |
| treasurer, shall be allowed as compensation for the auditor's | 8616 |
| services in the issuing of such licenses one-half of one per cent | 8617 |
| of such moneys, to be apportioned ratably and deducted from the | 8618 |
| shares of the revenue payable to the county and subdivisions, for | 8619 |
| the use of the general fund of the county. | 8620 |
| (F) The county auditor shall charge and receive fees as | 8621 |
| follows: | 8622 |
| (1) For deeds of land sold for taxes to be paid by the | 8623 |
| purchaser, five dollars; | 8624 |
| (2) For the transfer or entry of land, lot, or part of lot, | 8625 |
| or the transfer or entry on or after January 1, 2000, of a used | 8626 |
| manufactured home or mobile home as defined in section 5739.0210 | 8627 |
| of the Revised Code, fifty cents for each transfer or entry, to be | 8628 |
| paid by the person requiring it; | 8629 |
| (3) For receiving statements of value and administering | 8630 |
|
section 319.202 of the Revised Code, one dollar, or | 8631 |
| cents for each one hundred dollars or fraction of one hundred | 8632 |
| dollars, whichever is greater, of the value of the real property | 8633 |
| transferred or | 8634 |
| the value of the used manufactured home or used mobile home, as | 8635 |
| defined in section 5739.0210 of the Revised Code, transferred, | 8636 |
| except no fee shall be charged when the transfer is made: | 8637 |
| (a) To or from the United States, this state, or any | 8638 |
| instrumentality, agency, or political subdivision of the United | 8639 |
| States or this state; | 8640 |
| (b) Solely in order to provide or release security for a debt | 8641 |
| or obligation; | 8642 |
| (c) To confirm or correct a deed previously executed and | 8643 |
| recorded; | 8644 |
| (d) To evidence a gift, in trust or otherwise and whether | 8645 |
| revocable or irrevocable, between husband and wife, or parent and | 8646 |
| child or the spouse of either; | 8647 |
| (e) On sale for delinquent taxes or assessments; | 8648 |
| (f) Pursuant to court order, to the extent that such transfer | 8649 |
| is not the result of a sale effected or completed pursuant to such | 8650 |
| order; | 8651 |
| (g) Pursuant to a reorganization of corporations or | 8652 |
| unincorporated associations or pursuant to the dissolution of a | 8653 |
| corporation, to the extent that the corporation conveys the | 8654 |
| property to a stockholder as a distribution in kind of the | 8655 |
| corporation's assets in exchange for the stockholder's shares in | 8656 |
| the dissolved corporation; | 8657 |
| (h) By a subsidiary corporation to its parent corporation for | 8658 |
| no consideration, nominal consideration, or in sole consideration | 8659 |
| of the cancellation or surrender of the subsidiary's stock; | 8660 |
| (i) By lease, whether or not it extends to mineral or mineral | 8661 |
| rights, unless the lease is for a term of years renewable forever; | 8662 |
| (j) When the value of the real property or the manufactured | 8663 |
| or mobile home or the value of the interest that is conveyed does | 8664 |
| not exceed one hundred dollars; | 8665 |
| (k) Of an occupied residential property, including a | 8666 |
| manufactured or mobile home, being transferred to the builder of a | 8667 |
| new residence or to the dealer of a new manufactured or mobile | 8668 |
| home when the former residence is traded as part of the | 8669 |
| consideration for the new residence or new manufactured or mobile | 8670 |
| home; | 8671 |
| (l) To a grantee, other than a dealer in real property or in | 8672 |
| manufactured or mobile homes, solely for the purpose of, and as a | 8673 |
| step in, the prompt sale of the real property or manufactured or | 8674 |
| mobile home to others; | 8675 |
| (m) To or from a person when no money or other valuable and | 8676 |
| tangible consideration readily convertible into money is paid or | 8677 |
| to be paid for the real estate or manufactured or mobile home and | 8678 |
| the transaction is not a gift; | 8679 |
| (n) Pursuant to division (B) of section 317.22 of the Revised | 8680 |
| Code, or section 2113.61 of the Revised Code, between spouses or | 8681 |
| to a surviving spouse pursuant to section 5302.17 of the Revised | 8682 |
| Code as it existed prior to April 4, 1985, between persons | 8683 |
| pursuant to section 5302.17 or 5302.18 of the Revised Code on or | 8684 |
| after April 4, 1985, to a person who is a surviving, survivorship | 8685 |
| tenant pursuant to section 5302.17 of the Revised Code on or after | 8686 |
| April 4, 1985, or pursuant to section 5309.45 of the Revised Code; | 8687 |
| (o) To a trustee acting on behalf of minor children of the | 8688 |
| deceased; | 8689 |
| (p) Of an easement or right-of-way when the value of the | 8690 |
| interest conveyed does not exceed one thousand dollars; | 8691 |
| (q) Of property sold to a surviving spouse pursuant to | 8692 |
| section 2106.16 of the Revised Code; | 8693 |
| (r) To or from an organization exempt from federal income | 8694 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 8695 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such | 8696 |
| transfer is without consideration and is in furtherance of the | 8697 |
| charitable or public purposes of such organization; | 8698 |
| (s) Among the heirs at law or devisees, including a surviving | 8699 |
| spouse, of a common decedent, when no consideration in money is | 8700 |
| paid or to be paid for the real property or manufactured or mobile | 8701 |
| home; | 8702 |
| (t) To a trustee of a trust, when the grantor of the trust | 8703 |
| has reserved an unlimited power to revoke the trust; | 8704 |
| (u) To the grantor of a trust by a trustee of the trust, when | 8705 |
| the transfer is made to the grantor pursuant to the exercise of | 8706 |
| the grantor's power to revoke the trust or to withdraw trust | 8707 |
| assets; | 8708 |
| (v) To the beneficiaries of a trust, if the fee was paid on | 8709 |
| the transfer from the grantor of the trust to the trustee or if | 8710 |
| the
transfer is made pursuant to trust provisions | 8711 |
| became irrevocable at the death of the grantor; | 8712 |
| (w) To a corporation for incorporation into a sports facility | 8713 |
| constructed pursuant to section 307.696 of the Revised Code; | 8714 |
| (x) Between persons pursuant to section 5302.18 of the | 8715 |
| Revised Code. | 8716 |
| The auditor shall compute and collect the fee. The auditor | 8717 |
| shall maintain a numbered receipt system, as prescribed by the tax | 8718 |
| commissioner, and use such receipt system to provide a receipt to | 8719 |
| each person paying a fee. The auditor shall deposit the receipts | 8720 |
| of the fees on conveyances in the county treasury daily to the | 8721 |
| credit of the general fund of the county, except as provided in | 8722 |
| division (G) of this section. | 8723 |
| | 8724 |
| 8725 | |
| 8726 | |
| 8727 |
| The transfer fee for a used manufactured home or used mobile | 8728 |
| home shall be computed by and paid to the county auditor of the | 8729 |
| county in which the home is located immediately prior to the | 8730 |
| transfer. | 8731 |
| (G) For each fee charged under division (F)(3) of this | 8732 |
| section, the county auditor shall deposit the greater of one | 8733 |
| dollar or one-half of the fee in the county treasury to the credit | 8734 |
| of the general fund of the county, and shall deposit the balance | 8735 |
| in the state treasury to the credit of the general revenue fund. | 8736 |
| The deposit in the state treasury to the credit of the general | 8737 |
| revenue fund shall be made by the fifteenth day of the month | 8738 |
| following the date the fee was received by the county auditor. If | 8739 |
| the county auditor fails to make the deposit by that time, the tax | 8740 |
| commissioner may withhold local government fund money allocated to | 8741 |
| the county until such time the deposit is made. | 8742 |
| Sec. 321.24. (A) On or before the fifteenth day of February, | 8743 |
| in each year, the county treasurer shall settle with the county | 8744 |
| auditor for all taxes and assessments that the treasurer has | 8745 |
| collected on the general duplicate of real and public utility | 8746 |
| property at the time of making the settlement. | 8747 |
| (B) On or before the thirtieth day of June, in each year, the | 8748 |
| treasurer shall settle with the auditor for all advance payments | 8749 |
| of general personal and classified property taxes that the | 8750 |
| treasurer has received at the time of making the settlement. | 8751 |
| (C) On or before the tenth day of August, in each year, the | 8752 |
| treasurer shall settle with the auditor for all taxes and | 8753 |
| assessments that the treasurer has collected on the general | 8754 |
| duplicates of real and public utility property at the time of | 8755 |
| making such settlement, not included in the preceding February | 8756 |
| settlement. | 8757 |
| (D) On or before the thirty-first day of October, in each | 8758 |
| year, the treasurer shall settle with the auditor for all taxes | 8759 |
| that the treasurer has collected on the general personal and | 8760 |
| classified property duplicates, and for all advance payments of | 8761 |
| general personal and classified property taxes, not included in | 8762 |
| the preceding June settlement, that the treasurer has received at | 8763 |
| the time of making such settlement. | 8764 |
| (E) In the event the time for the payment of taxes is | 8765 |
| extended, pursuant to section 323.17 of the Revised Code, the date | 8766 |
| on or before which settlement for the taxes so extended must be | 8767 |
| made, as herein prescribed, shall be deemed to be extended for a | 8768 |
| like period of time. At each such settlement, the auditor shall | 8769 |
| allow to the treasurer, on the moneys received or collected and | 8770 |
| accounted for by the treasurer, the treasurer's fees, at the rate | 8771 |
| or percentage allowed by law, at a full settlement of the | 8772 |
| treasurer. | 8773 |
| (F) Within thirty days after the day of each settlement of | 8774 |
| taxes required under divisions (A) and (C) of this section, the | 8775 |
| treasurer shall certify to the tax commissioner any adjustments | 8776 |
| 8777 | |
| pursuant to section 319.302 of the Revised Code and that the | 8778 |
| settlement has been completed. Upon receipt of such certification, | 8779 |
| the commissioner shall provide for payment to the county treasurer | 8780 |
| from the general revenue fund of an amount equal to one-half of | 8781 |
| the amount certified by the treasurer in the preceding tax year | 8782 |
| under section 319.302 of the Revised Code, less one-half of the | 8783 |
| amount computed for all taxing districts in that county for the | 8784 |
| current fiscal year under section 5703.80 of the Revised Code for | 8785 |
| crediting to the property tax administration fund. Such payment | 8786 |
| shall be credited upon receipt to the county's undivided income | 8787 |
| tax fund, and the county auditor shall transfer to the county | 8788 |
| general fund from the amount thereof the total amount of all fees | 8789 |
| and charges which the auditor and treasurer would have been | 8790 |
| authorized to receive had such section not been in effect and that | 8791 |
| amount had been levied and collected as taxes. The county auditor | 8792 |
| shall distribute the amount remaining among the various taxing | 8793 |
| districts in the county as if it had been levied, collected, and | 8794 |
| settled as real property taxes. The amount distributed to each | 8795 |
| taxing district shall be reduced by the total of the amounts | 8796 |
| computed for the district under | 8797 |
| section 5703.80 of the Revised Code, but the reduction shall not | 8798 |
| exceed the amount that otherwise would be distributed to the | 8799 |
| taxing district under this division. The tax commissioner shall | 8800 |
| make available to taxing districts such information as is | 8801 |
| sufficient for a taxing district to be able to determine the | 8802 |
| amount of the reduction in its distribution under this section. | 8803 |
| (G)(1) Within thirty days after the day of the settlement | 8804 |
| required in division (D) of this section, the county treasurer | 8805 |
| shall notify the tax commissioner that the settlement has been | 8806 |
| completed. Upon receipt of that notification, the commissioner | 8807 |
| shall provide for payment to the county treasurer from the general | 8808 |
| revenue fund of an amount equal to the amount certified under | 8809 |
| former section 319.311 of the Revised Code and paid in the state's | 8810 |
| fiscal year 2003 multiplied by the percentage specified in | 8811 |
| division (G)(2) of this section. The payment shall be credited | 8812 |
| upon receipt to the county's undivided income tax fund, and the | 8813 |
| county auditor shall distribute the amount thereof among the | 8814 |
| various taxing districts of the county as if it had been levied, | 8815 |
| collected, and settled as personal property taxes. The amount | 8816 |
| received by a taxing district under this division shall be | 8817 |
| apportioned among its funds in the same proportion as the current | 8818 |
| year's personal property taxes are apportioned. | 8819 |
| (2) Payments required under division (G)(1) of this section | 8820 |
| shall be made at the following percentages of the amount certified | 8821 |
| under former section 319.311 of the Revised Code and paid under | 8822 |
| division (G)(1) of this section in the state's fiscal year 2003: | 8823 |
| (a) In fiscal year 2004, ninety per cent; | 8824 |
| (b) In fiscal year 2005, eighty per cent; | 8825 |
| (c) In fiscal year 2006, | 8826 |
| (d) In fiscal year 2007, | 8827 |
| (e) In fiscal year 2008, | 8828 |
| (f) In fiscal year 2009, | 8829 |
| | 8830 |
| | 8831 |
| | 8832 |
| After fiscal year | 8833 |
| division (G)(1) of this section. | 8834 |
| (H)(1) On or before the fifteenth day of April each year, the | 8835 |
| county treasurer shall settle with the county auditor for all | 8836 |
| manufactured home taxes that the county treasurer has collected on | 8837 |
| the manufactured home tax duplicate at the time of making the | 8838 |
| settlement. | 8839 |
| (2) On or before the fifteenth day of September each year, | 8840 |
| the county treasurer shall settle with the county auditor for all | 8841 |
| remaining manufactured home taxes that the county treasurer has | 8842 |
| collected on the manufactured home tax duplicate at the time of | 8843 |
| making the settlement. | 8844 |
| (3) If the time for payment of such taxes is extended under | 8845 |
| section 4503.06 of the Revised Code, the time for making the | 8846 |
| settlement as prescribed by divisions (H)(1) and (2) of this | 8847 |
| section is extended for a like period of time. | 8848 |
| (I) Within thirty days after the day of each settlement of | 8849 |
| taxes required under division (H) of this section, the county | 8850 |
| treasurer shall certify to the tax commissioner any adjustments | 8851 |
| that have been made to the amount certified previously pursuant to | 8852 |
| section 319.302 of the Revised Code and that the settlement has | 8853 |
| been completed. Upon receipt of such certification, the | 8854 |
| commissioner shall provide for payment to the county treasurer | 8855 |
| from the general revenue fund of an amount equal to one-half of | 8856 |
| the amount certified by the treasurer in the current tax year | 8857 |
| under section 319.302 of the Revised Code. Such payment shall be | 8858 |
| credited upon receipt to the county's undivided income tax fund, | 8859 |
| and the county auditor shall transfer to the county general fund | 8860 |
| from the amount thereof the total amount of all fees and charges | 8861 |
| that the auditor and treasurer would have been authorized to | 8862 |
| receive had such section not been in effect and that amount had | 8863 |
| been levied and collected as taxes. The county auditor shall | 8864 |
| distribute the amount remaining among the various taxing districts | 8865 |
| in the county as if it had been levied, collected, and settled as | 8866 |
| manufactured home taxes. | 8867 |
| Sec. 323.01. Except as otherwise provided, as used in | 8868 |
| Chapter 323. of the Revised Code: | 8869 |
| (A) "Subdivision" means any county, township, school | 8870 |
| district, or municipal corporation. | 8871 |
| (B) "Municipal corporation" includes charter municipalities. | 8872 |
| (C) "Taxes" means the total amount of all charges against an | 8873 |
| entry appearing on a tax list and the duplicate thereof that was | 8874 |
| prepared and certified in accordance with section 319.28 of the | 8875 |
| Revised Code, including taxes levied against real estate; taxes on | 8876 |
| property whose value is certified pursuant to section 5727.23 of | 8877 |
| the Revised Code; recoupment charges applied pursuant to section | 8878 |
| 5713.35 of the Revised Code; all assessments; penalties and | 8879 |
| interest charged pursuant to section 323.121 of the Revised Code; | 8880 |
| charges added pursuant to section 319.35 of the Revised Code; and | 8881 |
| all of such charges which remain unpaid from any previous tax | 8882 |
| year. | 8883 |
| (D) "Current taxes" means all taxes charged against an entry | 8884 |
| on the general tax list and duplicate of real and public utility | 8885 |
| property that have not appeared on such list and duplicate for any | 8886 |
| prior tax year and any penalty thereon charged by division (A) of | 8887 |
| section 323.121 of the Revised Code. Current taxes, whether or not | 8888 |
| they have been certified delinquent, become delinquent taxes if | 8889 |
| they remain unpaid after the last day prescribed for payment of | 8890 |
| the second installment of current taxes without penalty. | 8891 |
| (E) "Delinquent taxes" means: | 8892 |
| (1) Any taxes charged against an entry on the general tax | 8893 |
| list and duplicate of real and public utility property that were | 8894 |
| charged against an entry on such list and duplicate for a prior | 8895 |
| tax year and any penalties and interest charged against such | 8896 |
| taxes. | 8897 |
| (2) Any current taxes charged on the general tax list and | 8898 |
| duplicate of real and public utility property that remain unpaid | 8899 |
| after the last day prescribed for payment of the second | 8900 |
| installment of such taxes without penalty, whether or not they | 8901 |
| have been certified delinquent, and any penalties and interest | 8902 |
| charged against such taxes. | 8903 |
| (F) "Current tax year" means, with respect to particular | 8904 |
| taxes, the calendar year in which the first installment of taxes | 8905 |
| is due prior to any extension granted under section 323.17 of the | 8906 |
| Revised Code. | 8907 |
| (G) "Liquidated claim" means: | 8908 |
| (1) Any sum of money due and payable, upon a written | 8909 |
| contractual obligation executed between the subdivision and the | 8910 |
| taxpayer, but excluding any amount due on general and special | 8911 |
| assessment bonds and notes; | 8912 |
| (2) Any sum of money due and payable, for disability | 8913 |
| financial assistance | 8914 |
| under Chapter 5115. of the Revised Code that is furnished to or in | 8915 |
| behalf of a subdivision, provided that such claim is recognized by | 8916 |
| a resolution or ordinance of the legislative body of such | 8917 |
| subdivision; | 8918 |
| (3) Any sum of money advanced and paid to or received and | 8919 |
| used by a subdivision, pursuant to a resolution or ordinance of | 8920 |
| such subdivision or its predecessor in interest, and the moral | 8921 |
| obligation to repay which sum, when in funds, shall be recognized | 8922 |
| by resolution or ordinance by the subdivision. | 8923 |
| Sec. 323.152. In addition to the reduction in taxes required | 8924 |
| under section 319.302 of the Revised Code, taxes shall be reduced | 8925 |
| as provided in divisions (A) and (B) of this section. | 8926 |
| (A)(1) Division (A) of this section applies to any of the | 8927 |
| following: | 8928 |
| (a) A person who is permanently and totally disabled; | 8929 |
| (b) A person who is sixty-five years of age or older; | 8930 |
| (c) A person who is the surviving spouse of a deceased person | 8931 |
| who was permanently and totally disabled or sixty-five years of | 8932 |
| age or older and who applied and qualified for a reduction in | 8933 |
| taxes under this division in the year of death, provided the | 8934 |
| surviving spouse is at least fifty-nine but not sixty-five or more | 8935 |
| years of age on the date the deceased spouse dies. | 8936 |
| (2) Real property taxes on a homestead owned and occupied, or | 8937 |
| a homestead in a housing cooperative occupied, by a person to whom | 8938 |
| division (A) of this section applies shall be reduced for each | 8939 |
| year for which the owner obtains a certificate of reduction from | 8940 |
| the county auditor under section 323.154 of the Revised Code or | 8941 |
| for which the occupant obtains a certificate of reduction in | 8942 |
| accordance with section 323.159 of the Revised Code. The reduction | 8943 |
| shall equal the amount obtained by multiplying the tax rate for | 8944 |
| the tax year for which the certificate is issued by the reduction | 8945 |
| in taxable value shown in the following schedule: | 8946 |
| Reduce Taxable Value | 8947 | |||
| Total Income | by the Lesser of: | 8948 |
| $11,900 or less | $5,000 or seventy-five per cent | 8949 | ||
| More than $11,900 but not more than $17,500 | $3,000 or sixty per cent | 8950 | ||
| More than $17,500 but not more than $23,000 | $1,000 or twenty-five per cent | 8951 | ||
| More than $23,000 | -0- | 8952 |
| (3) Each calendar year, the tax commissioner shall adjust the | 8953 |
| foregoing schedule by completing the following calculations in | 8954 |
| September of each year: | 8955 |
| (a) Determine the percentage increase in the gross domestic | 8956 |
| product deflator determined by the bureau of economic analysis of | 8957 |
| the United States department of commerce from the first day of | 8958 |
| January of the preceding calendar year to the last day of December | 8959 |
| of the preceding calendar year; | 8960 |
| (b) Multiply that percentage increase by each of the total | 8961 |
| income amounts, and by each dollar amount by which taxable value | 8962 |
| is reduced, for the current tax year; | 8963 |
| (c) Add the resulting product to each of the total income | 8964 |
| amounts, and to each of the dollar amounts by which taxable value | 8965 |
| is reduced, for the current tax year; | 8966 |
| (d)(i) Except as provided in division (A)(3)(d)(ii) of this | 8967 |
| section, round the resulting sum to the nearest multiple of one | 8968 |
| hundred dollars; | 8969 |
| (ii) If rounding the resulting sum to the nearest multiple of | 8970 |
| one hundred dollars under division (A)(3)(d)(i) of this section | 8971 |
| does not increase the dollar amounts by which taxable value is | 8972 |
| reduced, the resulting sum instead shall be rounded to the nearest | 8973 |
| multiple of ten dollars. | 8974 |
| The commissioner shall certify the amounts resulting from the | 8975 |
| adjustment to each county auditor not later than the first day of | 8976 |
| December each year. The certified amounts apply to the following | 8977 |
| tax year. The commissioner shall not make the adjustment in any | 8978 |
| calendar year in which the amounts resulting from the adjustment | 8979 |
| would be less than the total income amounts, or less than the | 8980 |
| dollar amounts by which taxable value is reduced, for the current | 8981 |
| tax year. | 8982 |
| (B) | 8983 |
| on any homestead, and manufactured home taxes on any manufactured | 8984 |
| or mobile home on which a manufactured home tax is assessed | 8985 |
| pursuant to division (D)(2) of section 4503.06 of the Revised | 8986 |
| Code, shall be reduced for each year for which the owner obtains a | 8987 |
| certificate of reduction from the county auditor under section | 8988 |
| 323.154 of the Revised Code. The amount of the reduction shall | 8989 |
| equal | 8990 |
| 8991 | |
| the
manufactured or mobile home | 8992 |
| after applying
section | 8993 |
| (C) The reductions granted by this section do not apply to | 8994 |
| special assessments or respread of assessments levied against the | 8995 |
| homestead, and if there is a transfer of ownership subsequent to | 8996 |
| the filing of an application for a reduction in taxes, such | 8997 |
| reductions are not forfeited for such year by virtue of such | 8998 |
| transfer. | 8999 |
| (D) The reductions in taxable value referred to in this | 9000 |
| section shall be applied solely as a factor for the purpose of | 9001 |
| computing the reduction of taxes under this section and shall not | 9002 |
| affect the total value of property in any subdivision or taxing | 9003 |
| district as listed and assessed for taxation on the tax lists and | 9004 |
| duplicates, or any direct or indirect limitations on indebtedness | 9005 |
| of a subdivision or taxing district. If after application of | 9006 |
| sections 5705.31 and 5705.32 of the Revised Code, including the | 9007 |
| allocation of all levies within the ten-mill limitation to debt | 9008 |
| charges to the extent therein provided, there would be | 9009 |
| insufficient funds for payment of debt charges not provided for by | 9010 |
| levies in excess of the ten-mill limitation, the reduction of | 9011 |
| taxes provided for in sections 323.151 to 323.159 of the Revised | 9012 |
| Code shall be proportionately adjusted to the extent necessary to | 9013 |
| provide such funds from levies within the ten-mill limitation. | 9014 |
| (E) No reduction shall be made on the taxes due on the | 9015 |
| homestead of any person convicted of violating division (C) or (D) | 9016 |
| of section 323.153 of the Revised Code for a period of three years | 9017 |
| following the conviction. | 9018 |
| Sec. 329.04. (A) The county department of job and family | 9019 |
| services shall have, exercise, and perform the following powers | 9020 |
| and duties: | 9021 |
| (1) Perform any duties assigned by the state department of | 9022 |
| job and family services regarding the provision of public family | 9023 |
| services, including the provision of the following services to | 9024 |
| prevent or reduce economic or personal dependency and to | 9025 |
| strengthen family life: | 9026 |
| (a) Services authorized by a Title IV-A program, as defined | 9027 |
| in section 5101.80 of the Revised Code; | 9028 |
| (b) Social services authorized by Title XX of the "Social | 9029 |
| Security Act" and provided for by section 5101.46 or 5101.461 of | 9030 |
| the Revised Code; | 9031 |
| (c) If the county department is designated as the child | 9032 |
| support enforcement agency, services authorized by Title IV-D of | 9033 |
| the "Social Security Act" and provided for by Chapter 3125. of the | 9034 |
| Revised Code. The county department may perform the services | 9035 |
| itself or contract with other government entities, and, pursuant | 9036 |
| to division (C) of section 2301.35 and section 2301.42 of the | 9037 |
| Revised Code, private entities, to perform the Title IV-D | 9038 |
| services. | 9039 |
| (d) Duties assigned under section 5111.98 of the Revised | 9040 |
| Code. | 9041 |
| (2) Administer disability financial assistance, as required | 9042 |
| by the state department of job and family services under section | 9043 |
| 5115.03 of the Revised Code; | 9044 |
| (3) | 9045 |
| 9046 | |
| 9047 |
| | 9048 |
| burials was, prior to September 12, 1947, imposed upon the board | 9049 |
| of county commissioners and if otherwise required by state law; | 9050 |
| | 9051 |
| matter relating to family services and to act as the agent of such | 9052 |
| authorities; | 9053 |
| | 9054 |
| the board of county commissioners and to the state department of | 9055 |
| job and family services at the close of each fiscal year; | 9056 |
| | 9057 |
| services duties or workforce development activities imposed upon | 9058 |
| the county department of job and family services by law, by | 9059 |
| resolution of the board of county commissioners, or by order of | 9060 |
| the governor, when authorized by law, to meet emergencies during | 9061 |
| war or peace; | 9062 |
| | 9063 |
| recipients of aid under Title XVI of the "Social Security Act"; | 9064 |
| | 9065 |
| services under section 5101.515 of the Revised Code, determine | 9066 |
| applicants' eligibility for health assistance under the children's | 9067 |
| health insurance program part II; | 9068 |
| | 9069 |
| county commissioners under section 307.983, consult with the board | 9070 |
| in the development of the transportation work plan developed under | 9071 |
| section 307.985, establish with the board procedures under section | 9072 |
| 307.986 for providing services to children whose families relocate | 9073 |
| frequently, and comply with the contracts the board enters into | 9074 |
| under sections 307.981 and 307.982 of the Revised Code that affect | 9075 |
| the county department; | 9076 |
| | 9077 |
| the board of county commissioners enters into under section 307.98 | 9078 |
| of the Revised Code, exercise the powers and perform the duties | 9079 |
| the fiscal agreement assigns to the county department; | 9080 |
| | 9081 |
| workforce development agency, provide the workforce development | 9082 |
| activities specified in the contract required by section 330.05 of | 9083 |
| the Revised Code. | 9084 |
| (B) The powers and duties of a county department of job and | 9085 |
| family services are, and shall be exercised and performed, under | 9086 |
| the control and direction of the board of county commissioners. | 9087 |
| The board may assign to the county department any power or duty of | 9088 |
| the board regarding family services duties and workforce | 9089 |
| development activities. If the new power or duty necessitates the | 9090 |
| state department of job and family services changing its federal | 9091 |
| cost allocation plan, the county department may not implement the | 9092 |
| power or duty unless the United States department of health and | 9093 |
| human services approves the changes. | 9094 |
| Sec. 329.051. The county department of job and family | 9095 |
| services shall make voter registration applications as prescribed | 9096 |
| by the secretary of state under section 3503.10 of the Revised | 9097 |
| Code available to persons who are applying for, receiving | 9098 |
| assistance from, or participating in any of the following: | 9099 |
| (A) The disability financial assistance program established | 9100 |
| under Chapter 5115. of the Revised Code; | 9101 |
| (B) | 9102 |
| 9103 |
| | 9104 |
| 5111. of the Revised Code; | 9105 |
| | 9106 |
| 5107. of the Revised Code; | 9107 |
| | 9108 |
| established under Chapter 5108. of the Revised Code. | 9109 |
| Sec. 339.72. (A) Each board of county commissioners shall | 9110 |
| provide for the county to be served by a tuberculosis control unit | 9111 |
| by designating a county tuberculosis control unit or by entering | 9112 |
| into an agreement with one or more boards of county commissioners | 9113 |
| of other counties under which the boards jointly designate a | 9114 |
| district tuberculosis control unit. The entity designated as the | 9115 |
| county or district tuberculosis control unit may be any of the | 9116 |
| following: | 9117 |
| (1) A communicable disease control program operated by a | 9118 |
| board of health of a city or general health district pursuant to | 9119 |
| section 3709.22 of the Revised Code; | 9120 |
| (2) | 9121 |
| 9122 |
| | 9123 |
| commissioners pursuant to section 339.76 of the Revised Code; | 9124 |
| | 9125 |
| under a contract with a board of county commissioners pursuant to | 9126 |
| section 339.75 of the Revised Code. | 9127 |
| (B) The entity designated under division (A) of this section | 9128 |
| as the tuberculosis control unit shall accept that designation and | 9129 |
| fulfill its duties as the tuberculosis control unit specified | 9130 |
| under sections 339.71 to 339.89 of the Revised Code. | 9131 |
| Sec. 339.88. The expenses incurred for detention under | 9132 |
| section 339.86 or 339.87 of the Revised Code shall be paid by the | 9133 |
| individual detained or if the individual is indigent, by the board | 9134 |
| of county commissioners of the county from which the individual | 9135 |
| was removed. | 9136 |
| 9137 | |
| 9138 | |
| 9139 |
| Sec. 340.03. (A) Subject to rules issued by the director of | 9140 |
| mental health after consultation with relevant constituencies as | 9141 |
| required by division (A)(11) of section 5119.06 of the Revised | 9142 |
| Code, with regard to mental health services, the board of alcohol, | 9143 |
| drug addiction, and mental health services shall: | 9144 |
| (1) Serve as the community mental health planning agency for | 9145 |
| the county or counties under its jurisdiction, and in so doing it | 9146 |
| shall: | 9147 |
| (a) Evaluate the need for facilities and community mental | 9148 |
| health services; | 9149 |
| (b) In cooperation with other local and regional planning and | 9150 |
| funding bodies and with relevant ethnic organizations, assess the | 9151 |
| community mental health needs, set priorities, and develop plans | 9152 |
| for the operation of facilities and community mental health | 9153 |
| services; | 9154 |
| (c) In accordance with guidelines issued by the director of | 9155 |
| mental health after consultation with board representatives, | 9156 |
| develop and submit to the department of mental health, no later | 9157 |
| than six months prior to the conclusion of the fiscal year in | 9158 |
| which the board's current plan is scheduled to expire, a community | 9159 |
| mental health plan listing community mental health needs, | 9160 |
| including the needs of all residents of the district now residing | 9161 |
| in state mental institutions and severely mentally disabled | 9162 |
| adults, children, and adolescents; all children subject to a | 9163 |
| determination made pursuant to section 121.38 of the Revised Code; | 9164 |
| and all the facilities and community mental health services that | 9165 |
| are or will be in operation or provided during the period for | 9166 |
| which the plan will be in operation in the service district to | 9167 |
| meet such needs. | 9168 |
| The plan shall include, but not be limited to, a statement of | 9169 |
| which of the services listed in section 340.09 of the Revised Code | 9170 |
| the board intends to provide or purchase, an explanation of how | 9171 |
| the board intends to make any payments that it may be required to | 9172 |
| pay under section 5119.62 of the Revised Code, a statement of the | 9173 |
| inpatient and community-based services the board proposes that the | 9174 |
| department operate, an assessment of the number and types of | 9175 |
| residential facilities needed, and such other information as the | 9176 |
| department requests, and a budget for moneys the board expects to | 9177 |
| receive. The board shall also submit an allocation request for | 9178 |
| state and federal funds. Within sixty days after the department's | 9179 |
| determination that the plan and allocation request are complete, | 9180 |
| the department shall approve or disapprove the plan and request, | 9181 |
| in whole or in part, according to the criteria developed pursuant | 9182 |
| to section 5119.61 of the Revised Code. The department's statement | 9183 |
| of approval or disapproval shall specify the inpatient and the | 9184 |
| community-based services that the department will operate for the | 9185 |
| board. Eligibility for financial support shall be contingent upon | 9186 |
| an approved plan or relevant part of a plan. | 9187 |
| If the director disapproves all or part of any plan, the | 9188 |
| director shall inform the board of the reasons for the disapproval | 9189 |
| and of the criteria that must be met before the plan may be | 9190 |
| approved. The director shall provide the board an opportunity to | 9191 |
| present its case on behalf of the plan. The director shall give | 9192 |
| the board a reasonable time in which to meet the criteria, and | 9193 |
| shall offer the board technical assistance to help it meet the | 9194 |
| criteria. | 9195 |
| If the approval of a plan remains in dispute thirty days | 9196 |
| prior to the conclusion of the fiscal year in which the board's | 9197 |
| current plan is scheduled to expire, the board or the director may | 9198 |
| request that the dispute be submitted to a mutually agreed upon | 9199 |
| third-party mediator with the cost to be shared by the board and | 9200 |
| the department. The mediator shall issue to the board and the | 9201 |
| department recommendations for resolution of the dispute. Prior to | 9202 |
| the conclusion of the fiscal year in which the current plan is | 9203 |
| scheduled to expire, the director, taking into consideration the | 9204 |
| recommendations of the mediator, shall make a final determination | 9205 |
| and approve or disapprove the plan, in whole or in part. | 9206 |
| If a board determines that it is necessary to amend a plan or | 9207 |
| an allocation request that has been approved under division | 9208 |
| (A)(1)(c) of this section, the board shall submit a proposed | 9209 |
| amendment to the director. The director may approve or disapprove | 9210 |
| all or part of the amendment. If the director does not approve all | 9211 |
| or part of the amendment within thirty days after it is submitted, | 9212 |
| the amendment or part of it shall be considered to have been | 9213 |
| approved. The director shall inform the board of the reasons for | 9214 |
| disapproval of all or part of an amendment and of the criteria | 9215 |
| that must be met before the amendment may be approved. The | 9216 |
| director shall provide the board an opportunity to present its | 9217 |
| case on behalf of the amendment. The director shall give the board | 9218 |
| a reasonable time in which to meet the criteria, and shall offer | 9219 |
| the board technical assistance to help it meet the criteria. | 9220 |
| The board shall implement the plan approved by the | 9221 |
| department. | 9222 |
| (d) Receive, compile, and transmit to the department of | 9223 |
| mental health applications for state reimbursement; | 9224 |
| (e) Promote, arrange, and implement working agreements with | 9225 |
| social agencies, both public and private, and with judicial | 9226 |
| agencies. | 9227 |
| (2) Investigate, or request another agency to investigate, | 9228 |
| any complaint alleging abuse or neglect of any person receiving | 9229 |
| services from a community mental health agency as defined in | 9230 |
| section 5122.01 of the Revised Code, or from a residential | 9231 |
| facility licensed under section 5119.22 of the Revised Code. If | 9232 |
| the investigation substantiates the charge of abuse or neglect, | 9233 |
| the board shall take whatever action it determines is necessary to | 9234 |
| correct the situation, including notification of the appropriate | 9235 |
| authorities. Upon request, the board shall provide information | 9236 |
| about such investigations to the department. | 9237 |
| (3) For the purpose of section 5119.611 of the Revised Code, | 9238 |
| cooperate with the director of mental health in visiting and | 9239 |
| evaluating whether the services of a community mental health | 9240 |
| agency satisfy the certification standards established by rules | 9241 |
| adopted under that section; | 9242 |
| (4) In accordance with criteria established under division | 9243 |
| (G) of section 5119.61 of the Revised Code, review and evaluate | 9244 |
| the quality, effectiveness, and efficiency of services provided | 9245 |
| through its community mental health plan and submit its findings | 9246 |
| and recommendations to the department of mental health; | 9247 |
| (5) In accordance with section 5119.22 of the Revised Code, | 9248 |
| review applications for residential facility licenses and | 9249 |
| recommend to the department of mental health approval or | 9250 |
| disapproval of applications; | 9251 |
| (6) Audit, in accordance with rules adopted by the auditor of | 9252 |
| state pursuant to section 117.20 of the Revised Code, at least | 9253 |
| annually all programs and services provided under contract with | 9254 |
| the board. In so doing, the board may contract for or employ the | 9255 |
| services of private auditors. A copy of the fiscal audit report | 9256 |
| shall be provided to the director of mental health, the auditor of | 9257 |
| state, and the county auditor of each county in the board's | 9258 |
| district. | 9259 |
| (7) Recruit and promote local financial support for mental | 9260 |
| health programs from private and public sources; | 9261 |
| (8)(a) Enter into contracts with public and private | 9262 |
| facilities for the operation of facility services included in the | 9263 |
| board's community mental health plan and enter into contracts with | 9264 |
| public and private community mental health agencies for the | 9265 |
| provision of community mental health services listed in section | 9266 |
| 340.09 of the Revised Code and included in the board's community | 9267 |
| mental health plan. Contracts with community mental health | 9268 |
| agencies are subject to section 5119.611 of the Revised Code. | 9269 |
| Section 307.86 of the Revised Code does not apply to contracts | 9270 |
| entered into under this division. In contracting with a community | 9271 |
| mental health agency, a board shall consider the cost | 9272 |
| effectiveness of services provided by that agency and the quality | 9273 |
| and continuity of care, and may review cost elements, including | 9274 |
| salary costs, of the services to be provided. A utilization review | 9275 |
| process shall be established as part of the contract for services | 9276 |
| entered into between a board and a community mental health agency. | 9277 |
| The board may establish this process in a way that is most | 9278 |
| effective and efficient in meeting local needs. In the case of a | 9279 |
| contract with a community mental health facility, as defined in | 9280 |
|
section | 9281 |
| listed in division (B) of that section, the contract shall provide | 9282 |
| for the facility to be paid in accordance with the contract | 9283 |
| entered into between the departments of job and family services | 9284 |
| and mental health under section 5111.91 of the Revised Code and | 9285 |
| any rules adopted under division (A) of section 5119.61 of the | 9286 |
| Revised Code. | 9287 |
| If either the board or a facility or community mental health | 9288 |
| agency with which the board contracts under division (A)(8)(a) of | 9289 |
| this section proposes not to renew the contract or proposes | 9290 |
| substantial changes in contract terms, the other party shall be | 9291 |
| given written notice at least one hundred twenty days before the | 9292 |
| expiration date of the contract. During the first sixty days of | 9293 |
| this one hundred twenty-day period, both parties shall attempt to | 9294 |
| resolve any dispute through good faith collaboration and | 9295 |
| negotiation in order to continue to provide services to persons in | 9296 |
| need. If the dispute has not been resolved sixty days before the | 9297 |
| expiration date of the contract, either party may notify the | 9298 |
| department of mental health of the unresolved dispute. The | 9299 |
| director may require both parties to submit the dispute to a third | 9300 |
| party with the cost to be shared by the board and the facility or | 9301 |
| community mental health agency. The third party shall issue to the | 9302 |
| board, the facility or agency, and the department recommendations | 9303 |
| on how the dispute may be resolved twenty days prior to the | 9304 |
| expiration date of the contract, unless both parties agree to a | 9305 |
| time extension. The director shall adopt rules establishing the | 9306 |
| procedures of this dispute resolution process. | 9307 |
| (b) With the prior approval of the director of mental health, | 9308 |
| a board may operate a facility or provide a community mental | 9309 |
| health service as follows, if there is no other qualified private | 9310 |
| or public facility or community mental health agency that is | 9311 |
| immediately available and willing to operate such a facility or | 9312 |
| provide the service: | 9313 |
| (i) In an emergency situation, any board may operate a | 9314 |
| facility or provide a community mental health service in order to | 9315 |
| provide essential services for the duration of the emergency; | 9316 |
| (ii) In a service district with a population of at least one | 9317 |
| hundred thousand but less than five hundred thousand, a board may | 9318 |
| operate a facility or provide a community mental health service | 9319 |
| for no longer than one year; | 9320 |
| (iii) In a service district with a population of less than | 9321 |
| one hundred thousand, a board may operate a facility or provide a | 9322 |
| community mental health service for no longer than one year, | 9323 |
| except that such a board may operate a facility or provide a | 9324 |
| community mental health service for more than one year with the | 9325 |
| prior approval of the director and the prior approval of the board | 9326 |
| of county commissioners, or of a majority of the boards of county | 9327 |
| commissioners if the district is a joint-county district. | 9328 |
| The director shall not give a board approval to operate a | 9329 |
| facility or provide a community mental health service under | 9330 |
| division (A)(8)(b)(ii) or (iii) of this section unless the | 9331 |
| director determines that it is not feasible to have the department | 9332 |
| operate the facility or provide the service. | 9333 |
| The director shall not give a board approval to operate a | 9334 |
| facility or provide a community mental health service under | 9335 |
| division (A)(8)(b)(iii) of this section unless the director | 9336 |
| determines that the board will provide greater administrative | 9337 |
| efficiency and more or better services than would be available if | 9338 |
| the board contracted with a private or public facility or | 9339 |
| community mental health agency. | 9340 |
| The director shall not give a board approval to operate a | 9341 |
| facility previously operated by a person or other government | 9342 |
| entity unless the board has established to the director's | 9343 |
| satisfaction that the person or other government entity cannot | 9344 |
| effectively operate the facility or that the person or other | 9345 |
| government entity has requested the board to take over operation | 9346 |
| of the facility. The director shall not give a board approval to | 9347 |
| provide a community mental health service previously provided by a | 9348 |
| community mental health agency unless the board has established to | 9349 |
| the director's satisfaction that the agency cannot effectively | 9350 |
| provide the service or that the agency has requested the board | 9351 |
| take over providing the service. | 9352 |
| The director shall review and evaluate a board's operation of | 9353 |
| a facility and provision of community mental health service under | 9354 |
| division (A)(8)(b) of this section. | 9355 |
| Nothing in division (A)(8)(b) of this section authorizes a | 9356 |
| board to administer or direct the daily operation of any facility | 9357 |
| or community mental health agency, but a facility or agency may | 9358 |
| contract with a board to receive administrative services or staff | 9359 |
| direction from the board under the direction of the governing body | 9360 |
| of the facility or agency. | 9361 |
| (9) Approve fee schedules and related charges or adopt a unit | 9362 |
| cost schedule or other methods of payment for contract services | 9363 |
| provided by community mental health agencies in accordance with | 9364 |
| guidelines issued by the department as necessary to comply with | 9365 |
| state and federal laws pertaining to financial assistance; | 9366 |
| (10) Submit to the director and the county commissioners of | 9367 |
| the county or counties served by the board, and make available to | 9368 |
| the public, an annual report of the programs under the | 9369 |
| jurisdiction of the board, including a fiscal accounting; | 9370 |
| (11) Establish, to the extent resources are available, a | 9371 |
| community support system, which provides for treatment, support, | 9372 |
| and rehabilitation services and opportunities. The essential | 9373 |
| elements of the system include, but are not limited to, the | 9374 |
| following components in accordance with section 5119.06 of the | 9375 |
| Revised Code: | 9376 |
| (a) To locate persons in need of mental health services to | 9377 |
| inform them of available services and benefits mechanisms; | 9378 |
| (b) Assistance for clients to obtain services necessary to | 9379 |
| meet basic human needs for food, clothing, shelter, medical care, | 9380 |
| personal safety, and income; | 9381 |
| (c) Mental health care, including, but not limited to, | 9382 |
| outpatient, partial hospitalization, and, where appropriate, | 9383 |
| inpatient care; | 9384 |
| (d) Emergency services and crisis intervention; | 9385 |
| (e) Assistance for clients to obtain vocational services and | 9386 |
| opportunities for jobs; | 9387 |
| (f) The provision of services designed to develop social, | 9388 |
| community, and personal living skills; | 9389 |
| (g) Access to a wide range of housing and the provision of | 9390 |
| residential treatment and support; | 9391 |
| (h) Support, assistance, consultation, and education for | 9392 |
| families, friends, consumers of mental health services, and | 9393 |
| others; | 9394 |
| (i) Recognition and encouragement of families, friends, | 9395 |
| neighborhood networks, especially networks that include racial and | 9396 |
| ethnic minorities, churches, community organizations, and | 9397 |
| meaningful employment as natural supports for consumers of mental | 9398 |
| health services; | 9399 |
| (j) Grievance procedures and protection of the rights of | 9400 |
| consumers of mental health services; | 9401 |
| (k) Case management, which includes continual individualized | 9402 |
| assistance and advocacy to ensure that needed services are offered | 9403 |
| and procured. | 9404 |
| (12) Designate the treatment program, agency, or facility for | 9405 |
| each person involuntarily committed to the board pursuant to | 9406 |
| Chapter 5122. of the Revised Code and authorize payment for such | 9407 |
| treatment. The board shall provide the least restrictive and most | 9408 |
| appropriate alternative that is available for any person | 9409 |
| involuntarily committed to it and shall assure that the services | 9410 |
| listed in section 340.09 of the Revised Code are available to | 9411 |
| severely mentally disabled persons residing within its service | 9412 |
| district. The board shall establish the procedure for authorizing | 9413 |
| payment for services, which may include prior authorization in | 9414 |
| appropriate circumstances. The board may provide for services | 9415 |
| directly to a severely mentally disabled person when life or | 9416 |
| safety is endangered and when no community mental health agency is | 9417 |
| available to provide the service. | 9418 |
| (13) Establish a method for evaluating referrals for | 9419 |
| involuntary commitment and affidavits filed pursuant to section | 9420 |
| 5122.11 of the Revised Code in order to assist the probate | 9421 |
| division of the court of common pleas in determining whether there | 9422 |
| is probable cause that a respondent is subject to involuntary | 9423 |
| hospitalization and what alternative treatment is available and | 9424 |
| appropriate, if any; | 9425 |
| (14) Ensure that apartments or rooms built, subsidized, | 9426 |
| renovated, rented, owned, or leased by the board or a community | 9427 |
| mental health agency have been approved as meeting minimum fire | 9428 |
| safety standards and that persons residing in the rooms or | 9429 |
| apartments are receiving appropriate and necessary services, | 9430 |
| including culturally relevant services, from a community mental | 9431 |
| health agency. This division does not apply to residential | 9432 |
| facilities licensed pursuant to section 5119.22 of the Revised | 9433 |
| Code. | 9434 |
| (15) Establish a mechanism for involvement of consumer | 9435 |
| recommendation and advice on matters pertaining to mental health | 9436 |
| services in the alcohol, drug addiction, and mental health service | 9437 |
| district; | 9438 |
| (16) Perform the duties under section 3722.18 of the Revised | 9439 |
| Code required by rules adopted under section 5119.61 of the | 9440 |
| Revised Code regarding referrals by the board or mental health | 9441 |
| agencies under contract with the board of individuals with mental | 9442 |
| illness or severe mental disability to adult care facilities and | 9443 |
| effective arrangements for ongoing mental health services for the | 9444 |
| individuals. The board is accountable in the manner specified in | 9445 |
| the rules for ensuring that the ongoing mental health services are | 9446 |
| effectively arranged for the individuals. | 9447 |
| (B) The board shall establish such rules, operating | 9448 |
| procedures, standards, and bylaws, and perform such other duties | 9449 |
| as may be necessary or proper to carry out the purposes of this | 9450 |
| chapter. | 9451 |
| (C) A board of alcohol, drug addiction, and mental health | 9452 |
| services may receive by gift, grant, devise, or bequest any | 9453 |
| moneys, lands, or property for the benefit of the purposes for | 9454 |
| which the board is established, and may hold and apply it | 9455 |
| according to the terms of the gift, grant, or bequest. All money | 9456 |
| received, including accrued interest, by gift, grant, or bequest | 9457 |
| shall be deposited in the treasury of the county, the treasurer of | 9458 |
| which is custodian of the alcohol, drug addiction, and mental | 9459 |
| health services funds to the credit of the board and shall be | 9460 |
| available for use by the board for purposes stated by the donor or | 9461 |
| grantor. | 9462 |
| (D) No board member or employee of a board of alcohol, drug | 9463 |
| addiction, and mental health services shall be liable for injury | 9464 |
| or damages caused by any action or inaction taken within the scope | 9465 |
| of the board member's official duties or the employee's | 9466 |
| employment, whether or not such action or inaction is expressly | 9467 |
| authorized by this section, section 340.033, or any other section | 9468 |
| of the Revised Code, unless such action or inaction constitutes | 9469 |
| willful or wanton misconduct. Chapter 2744. of the Revised Code | 9470 |
| applies to any action or inaction by a board member or employee of | 9471 |
| a board taken within the scope of the board member's official | 9472 |
| duties or employee's employment. For the purposes of this | 9473 |
| division, the conduct of a board member or employee shall not be | 9474 |
| considered willful or wanton misconduct if the board member or | 9475 |
| employee acted in good faith and in a manner that the board member | 9476 |
| or employee reasonably believed was in or was not opposed to the | 9477 |
| best interests of the board and, with respect to any criminal | 9478 |
| action or proceeding, had no reasonable cause to believe the | 9479 |
| conduct was unlawful. | 9480 |
| (E) The meetings held by any committee established by a board | 9481 |
| of alcohol, drug addiction, and mental health services shall be | 9482 |
| considered to be meetings of a public body subject to section | 9483 |
| 121.22 of the Revised Code. | 9484 |
| Sec. 340.16. Not later than ninety days after
| 9485 |
| 9486 | |
| health and the department of job and family services shall adopt | 9487 |
| rules that establish requirements and procedures for prior | 9488 |
| notification and service coordination between public children | 9489 |
| services agencies and boards of alcohol, drug addiction, and | 9490 |
| mental health services when a public children services agency | 9491 |
| refers a child in its custody to a board for services funded by | 9492 |
| the board. The rules shall be adopted in accordance with Chapter | 9493 |
| 119. of the Revised Code. | 9494 |
| The department of mental health and department of job and | 9495 |
| family services shall collaborate in formulating a plan that | 9496 |
| delineates the funding responsibilities of public children | 9497 |
| services agencies and boards of alcohol, drug addiction, and | 9498 |
| mental health services for services provided under section | 9499 |
| 9500 | |
| of public children services agencies. The departments shall | 9501 |
| complete the
plan not later than ninety days after
| 9502 |
| 9503 |
| Sec. 341.192. (A) As used in this section: | 9504 |
| (1) "Medical assistance program" has the same meaning as in | 9505 |
| section 2913.40 of the Revised Code. | 9506 |
| (2) "Medical provider" means a physician, hospital, | 9507 |
| laboratory, pharmacy, or other health care provider that is not | 9508 |
| employed by or under contract to a county to provide medical | 9509 |
| services to persons confined in the county jail and that is a | 9510 |
| medicaid provider under the medical assistance program. | 9511 |
| (3) "Necessary care" means medical care of a nonelective | 9512 |
| nature that cannot be postponed until after the period of | 9513 |
| confinement of a person who is confined in a county jail or in the | 9514 |
| custody of a law enforcement officer without endangering the life | 9515 |
| or health of the person. | 9516 |
| (B) If a physician employed by or under contract to a county | 9517 |
| to provide medical services to persons confined in the county jail | 9518 |
| determines that a person who is confined in the county jail or who | 9519 |
| is in the custody of a law enforcement officer prior to the | 9520 |
| person's confinement in the county jail requires necessary care | 9521 |
| that the physician cannot provide, the necessary care shall be | 9522 |
| provided by a medical provider. The county shall pay a medical | 9523 |
| provider for necessary care an amount not exceeding the authorized | 9524 |
| reimbursement rate for the same service established by the | 9525 |
| department of job and family services under the medical assistance | 9526 |
| program. | 9527 |
| Sec. 742.59. The board of trustees of the Ohio police and | 9528 |
| fire pension fund shall be the trustee of the funds created as | 9529 |
| follows: | 9530 |
| (A) The "police officers' contribution fund" is the fund in | 9531 |
| which shall be credited the contributions deducted from the | 9532 |
| salaries of members of police departments and paid into the Ohio | 9533 |
| police and fire pension fund, as provided by section 742.31 of the | 9534 |
| Revised Code, and that percentage of the employers' accrued | 9535 |
| liability that is attributable to deductions previously made from | 9536 |
| the salaries of members of the police department who are still in | 9537 |
| the active service at the time that portion of the employers' | 9538 |
| accrued liability is paid. The accumulated contributions of a | 9539 |
| member of a police department shall be transferred at the member's | 9540 |
| retirement from the police officers' contribution fund to the | 9541 |
| police officers' pension reserve fund. | 9542 |
| (B) The "firefighters' contribution fund" is the fund in | 9543 |
| which shall be credited contributions deducted from the salaries | 9544 |
| of members of fire departments and paid into the Ohio police and | 9545 |
| fire pension fund, as provided by section 742.31 of the Revised | 9546 |
| Code, and that percentage of the employers' accrued liability that | 9547 |
| is attributable to deductions previously made from the salaries of | 9548 |
| members of the fire department who are still in the active service | 9549 |
| at the time that portion of the employers' accrued liability is | 9550 |
| paid. The accumulated contributions of a member of a fire | 9551 |
| department shall be transferred at the member's retirement from | 9552 |
| the firefighters' contribution fund to the firefighters' pension | 9553 |
| reserve fund. | 9554 |
| (C) The "police officer employers' contribution fund" is the | 9555 |
| fund to which the following shall be credited: | 9556 |
| (1) The police officer employers' contribution, as provided | 9557 |
|
by section 742.33 of the Revised Code | 9558 |
| (2) The percentage of the employers' accrued liability that | 9559 |
| is attributable to the employers' liability for prior service of | 9560 |
| members of the police department who are still in the active | 9561 |
| service at the time that portion of the employers' accrued | 9562 |
| liability is paid | 9563 |
| 9564 | |
| 9565 | |
| 9566 |
| In the police officer employers' contribution fund shall | 9567 |
| accumulate the reserves held in trust for the payment of all | 9568 |
| pensions or other benefits provided by sections 742.01 to 742.61 | 9569 |
| of the Revised Code to members of a police department retiring in | 9570 |
| the future or their qualified beneficiaries and from which the | 9571 |
| reserves for such pensions and other benefits shall be transferred | 9572 |
| to the police officers' pension reserve fund. | 9573 |
| (D) The "firefighter employers' contribution fund" is the | 9574 |
| fund to which the following shall be credited: | 9575 |
| (1) The firefighter employers' contribution, as provided in | 9576 |
|
section 742.34 of the Revised Code | 9577 |
| (2) The percentage of the employers' accrued liability that | 9578 |
| is attributable to the employers' liability for prior service for | 9579 |
| members of the fire department who are still in the active service | 9580 |
| at the time that portion of the employers' accrued liability is | 9581 |
| paid | 9582 |
| 9583 | |
| 9584 |
| In the firefighter employers' contribution fund shall | 9585 |
| accumulate the reserves held in trust for the payment of all | 9586 |
| pensions and other benefits provided by sections 742.01 to 742.61 | 9587 |
| of the Revised Code to members of a fire department retiring in | 9588 |
| the future or their qualified beneficiaries and from which the | 9589 |
| reserves for such pensions and other benefits shall be transferred | 9590 |
| to the firefighters' pension reserve fund. | 9591 |
| (E) The "police officers' pension reserve fund" is the fund | 9592 |
| from which shall be paid all pensions and other benefits for which | 9593 |
| reserves have been transferred from the police officers' | 9594 |
| contribution fund and the police officer employers' contribution | 9595 |
| fund, and to which shall be credited that percentage of the | 9596 |
| employers' accrued liability that is attributable to the total of | 9597 |
| deductions previously made from the salaries of members of the | 9598 |
| police department who are retired and are receiving pensions or | 9599 |
| other benefits, or whose beneficiaries are receiving benefits, at | 9600 |
| the time that portion of the employers' accrued liability is paid, | 9601 |
| and that percentage of the employers' accrued liability that is | 9602 |
| attributable to prior service of members of the police department | 9603 |
| who are retired and are receiving pensions or other benefits, or | 9604 |
| whose beneficiaries are receiving benefits, at the time that | 9605 |
| portion of the employers' accrued liability is paid. | 9606 |
| (F) The "firefighters' pension reserve fund" is the fund from | 9607 |
| which shall be paid all pensions and other benefits for which | 9608 |
| reserves have been transferred from the firefighters' contribution | 9609 |
| fund and the firefighter employers' contribution fund, and to | 9610 |
| which shall be credited that percentage of the employers' accrued | 9611 |
| liability that is attributable to the total of deductions | 9612 |
| previously made from the salaries of members of the fire | 9613 |
| department who are retired and are receiving pensions or other | 9614 |
| benefits, or whose beneficiaries are receiving benefits, at the | 9615 |
| time that portion of the employers' accrued liability is paid, and | 9616 |
| that percentage of the employers' accrued liability that is | 9617 |
| attributable to prior service of members of the fire department | 9618 |
| who are retired and are receiving pensions or other benefits, or | 9619 |
| whose beneficiaries are receiving benefits, at the time that | 9620 |
| portion of the employers' accrued liability is paid. | 9621 |
| (G) The "guarantee fund" is the fund from which interest is | 9622 |
| transferred and credited on the amounts in the funds described in | 9623 |
| divisions (C), (D), (E), and (F) of this section, and is a | 9624 |
| contingent fund from which the special requirements of said funds | 9625 |
| may be paid by transfer from this fund. All income derived from | 9626 |
| the investment of funds by the board of trustees of the Ohio | 9627 |
| police and fire pension fund as trustee under section 742.11 of | 9628 |
| the Revised Code, together with all gifts and bequests or the | 9629 |
| income therefrom, shall be paid into this fund. | 9630 |
| Any deficit occurring in any other fund that will not be | 9631 |
| covered by payments to that fund, as otherwise provided by | 9632 |
| sections 742.01 to 742.61 of the Revised Code, shall be paid by | 9633 |
| transfers of amounts from the guarantee fund to such fund or | 9634 |
| funds. Should the amount in the guarantee fund be insufficient at | 9635 |
| any time to meet the amounts payable therefrom, the amount of such | 9636 |
| deficiency, with regular interest, shall be paid by an additional | 9637 |
| employer rate of current contribution as determined by the actuary | 9638 |
| and shall be approved by the board of trustees of the Ohio police | 9639 |
| and fire pension fund, and the amount of such additional employer | 9640 |
| contribution shall be credited to the guarantee fund. | 9641 |
| The board may accept gifts and bequests. Any funds that may | 9642 |
| come into the possession of the board in this manner, or any other | 9643 |
| funds whose disposition is not otherwise provided for, shall be | 9644 |
| credited to the guarantee fund. | 9645 |
| (H) The "expense fund" is the fund from which shall be paid | 9646 |
| the expenses for the administration and management of the Ohio | 9647 |
| police and fire pension fund, as provided by sections 742.01 to | 9648 |
| 742.61 of the Revised Code, and to which shall be credited from | 9649 |
| the guarantee fund an amount sufficient to pay the expenses of | 9650 |
| operation. | 9651 |
| Sec. 901.43. (A) The director of agriculture may authorize | 9652 |
| any department of agriculture laboratory to perform a laboratory | 9653 |
| service for any person, organization, political subdivision, state | 9654 |
| agency, federal agency, or other entity, whether public or | 9655 |
| private. The director shall adopt and enforce rules to provide for | 9656 |
| the rendering of a laboratory service. | 9657 |
| (B) The director may charge a reasonable fee for the | 9658 |
| performance of a laboratory service, except when the service is | 9659 |
| performed on an official sample taken by the director acting | 9660 |
| pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 9661 |
| Revised Code; by a board of health acting as the licensor of | 9662 |
| retail food establishments or food service operations under | 9663 |
| Chapter 3717. of the Revised Code; or by the director of health | 9664 |
| acting as the licensor of food service operations under Chapter | 9665 |
| 3717. of the Revised Code. The director of agriculture shall adopt | 9666 |
| rules specifying what constitutes an official sample. | 9667 |
| The director shall publish a list of laboratory services | 9668 |
| offered, together with the fee for each service. | 9669 |
| (C) The director may enter into a contract with any person, | 9670 |
| organization, political subdivision, state agency, federal agency, | 9671 |
| or other entity for the provision of a laboratory service. | 9672 |
| (D)(1) The director may adopt rules establishing standards | 9673 |
| for accreditation of laboratories and laboratory services and in | 9674 |
| doing so may adopt by reference existing or recognized standards | 9675 |
| or practices. | 9676 |
| (2) The director may inspect and accredit laboratories and | 9677 |
| laboratory services, and may charge a reasonable fee for the | 9678 |
| inspections and accreditation. | 9679 |
| (E)(1) | 9680 |
| animal and consumer analytical laboratory service fund. Moneys | 9681 |
| from the following sources shall be deposited into the state | 9682 |
| treasury to the credit of the fund: all moneys collected by the | 9683 |
| director under this section that are from fees generated by a | 9684 |
| laboratory service performed by the department and related to the | 9685 |
| diseases of
animals, | 9686 |
| fees generated for the inspection and accreditation of | 9687 |
| laboratories and laboratory services related to the diseases of | 9688 |
| animals, | 9689 |
| 9690 | |
| 9691 | |
| 9692 | |
| 9693 |
| | 9694 |
| section that are from fees generated by a laboratory service | 9695 |
| performed by the consumer analytical laboratory, and all moneys so | 9696 |
| collected that are from fees generated for the inspection and | 9697 |
| accreditation of laboratories and laboratory services not related | 9698 |
| to weights
and
measures | 9699 |
| 9700 | |
| 9701 | |
| fund | 9702 |
| animal industry laboratory and the consumer analytical laboratory, | 9703 |
| including the purchase of supplies and equipment. | 9704 |
| | 9705 |
| section that are from fees generated by a laboratory service | 9706 |
| performed by the weights and measures laboratory, and all moneys | 9707 |
| so collected that are from fees generated for the inspection and | 9708 |
| accreditation of laboratories and laboratory services related to | 9709 |
| weights and measures, shall be deposited in the state treasury to | 9710 |
| the credit of the weights and measures laboratory fund, which is | 9711 |
| hereby created in the state treasury. The moneys held in the fund | 9712 |
| may be used to pay the expenses necessary to operate the division | 9713 |
| of weights and measures, including the purchase of supplies and | 9714 |
| equipment. | 9715 |
| Sec. 901.44. There is hereby created in the state treasury | 9716 |
| the laboratory and administrative support fund. The department of | 9717 |
| agriculture shall deposit the following moneys received by the | 9718 |
| department to the credit of the fund: payment for the rental of | 9719 |
| the department's auditoriums by outside parties and reimbursement | 9720 |
| for related utility expenses, laboratory fees that are not | 9721 |
| designated for deposit into another fund, and other miscellaneous | 9722 |
| moneys that are not designated for deposit into another fund. The | 9723 |
| department may use moneys in the fund to pay costs associated with | 9724 |
| any program of the department as the director of agriculture sees | 9725 |
| fit. | 9726 |
| Sec. 905.32. (A) No person shall manufacture or distribute | 9727 |
| in this state any type of fertilizer until a license to | 9728 |
| manufacture or distribute has been obtained by the manufacturer or | 9729 |
| distributor from the department of agriculture upon payment of a | 9730 |
| five dollar fee: | 9731 |
| (1) For each fixed (permanent) location at which fertilizer | 9732 |
| is manufactured in this state; | 9733 |
| (2) For each mobile unit used to manufacture fertilizer in | 9734 |
| this state; | 9735 |
| (3) For each location out of the state from which fertilizer | 9736 |
| is distributed in this state to nonlicensees. | 9737 |
| All licenses | 9738 |
| shall be valid for one year beginning on the first day of December | 9739 |
| of a calendar year through the thirtieth day of November of the | 9740 |
| following calendar year. A renewal application for a license shall | 9741 |
| be submitted | 9742 |
| no later than the thirtieth day of
| 9743 |
| person who submits a renewal application for a license after the | 9744 |
|
thirtieth day of | 9745 |
| a late filing fee of ten dollars. | 9746 |
| (B) An application for license shall include: | 9747 |
| (1) The name and address of the licensee; | 9748 |
| (2) The name and address of each bulk distribution point in | 9749 |
| the state, not licensed for fertilizer manufacture and | 9750 |
| distribution. | 9751 |
| The name and address shown on the license shall be shown on | 9752 |
| all labels, pertinent invoices, and bulk storage for fertilizers | 9753 |
| distributed by the licensee in this state. | 9754 |
| (C) The licensee shall inform the director of agriculture in | 9755 |
| writing of additional distribution points established during the | 9756 |
| period of the license. | 9757 |
| Sec. 905.33. (A) Except as provided in division (C) of this | 9758 |
| section, no person shall distribute in this state a specialty | 9759 |
| fertilizer until it is registered by the manufacturer or | 9760 |
| distributor with the department of agriculture. An application, in | 9761 |
| duplicate, for each brand and product name of each grade of | 9762 |
| specialty fertilizer shall be made on a form furnished by the | 9763 |
| director of agriculture and shall be accompanied with a fee of | 9764 |
| fifty dollars for each brand and product name of each grade. | 9765 |
| Labels for each brand and product name of each grade shall | 9766 |
| accompany the application. Upon the approval of an application by | 9767 |
| the director, a copy of the registration shall be furnished the | 9768 |
| applicant. All
registrations | 9769 |
| 9770 | |
| December of a calendar year through the thirtieth day of November | 9771 |
| of the following calendar year. | 9772 |
| (B) An application for registration shall include the | 9773 |
| following: | 9774 |
| (1) Name and address of the manufacturer or distributor; | 9775 |
| (2) The brand and product name; | 9776 |
| (3) The grade; | 9777 |
| (4) The guaranteed analysis; | 9778 |
| (5) The package sizes for persons that package fertilizers | 9779 |
| only in containers of ten pounds or less. | 9780 |
| (C)(1) No person who engages in the business of applying | 9781 |
| custom mixed fertilizer to lawns, golf courses, recreation areas, | 9782 |
| or other real property that is not used for agricultural | 9783 |
| production shall be required to register the custom mixed | 9784 |
| fertilizer as a specialty fertilizer in accordance with division | 9785 |
| (A) of this section if the fertilizer ingredients of the custom | 9786 |
| mixed fertilizer are registered as specialty fertilizers and the | 9787 |
| inspection fee described in division (A) of section 905.36 of the | 9788 |
| Revised Code is paid. | 9789 |
| (2) No person who engages in the business of blending custom | 9790 |
| mixed fertilizer for use on lawns, golf courses, recreation areas, | 9791 |
| or other real property that is not used for agricultural | 9792 |
| production shall be required to register the custom mixed | 9793 |
| fertilizer as a specialty fertilizer in accordance with division | 9794 |
| (A) of this section if the facility holds a nonagricultural | 9795 |
| production custom mixed fertilizer blender license issued under | 9796 |
| section 905.331 of the Revised Code. | 9797 |
| (D) A person who engages in the business of applying or | 9798 |
| blending custom mixed fertilizer as described in division (C) of | 9799 |
| this section shall maintain an original or a copy of an invoice or | 9800 |
| document of sale for all fertilizer the person applies or | 9801 |
| distributes for one year following the date of the application or | 9802 |
| distribution, and, upon the director's request, shall furnish the | 9803 |
| director with the invoice or document of sale for the director's | 9804 |
| review. | 9805 |
| Sec. 905.331. No person who engages in the business of | 9806 |
| blending a custom mixed fertilizer for use on lawns, golf courses, | 9807 |
| recreation areas, or other real property that is not used for | 9808 |
| agricultural production shall fail to register a specialty | 9809 |
| fertilizer in accordance with division (A) of section 905.33 of | 9810 |
| the
Revised Code
unless the person has obtained | 9811 |
| nonagricultural production custom mixed fertilizer blender license | 9812 |
| from the director of agriculture. | 9813 |
| A license issued under this section shall be valid from the | 9814 |
| first day of December of a calendar year through the thirtieth day | 9815 |
| of November of the following calendar year. A renewal application | 9816 |
| for a nonagricultural production custom mixed fertilizer blender | 9817 |
| license shall be submitted to the director | 9818 |
| 9819 | |
| 9820 | |
| the applicant and of the premises where the blending occurs and a | 9821 |
| one-hundred-dollar fee. A person who submits a renewal application | 9822 |
| for a
license after the thirtieth day of
| 9823 |
| include with the application a late filing fee of ten dollars. All | 9824 |
| nonagricultural production custom mixed fertilizer blender | 9825 |
|
licenses expire on the thirtieth day of | 9826 |
| year. | 9827 |
| A person holding a nonagricultural production custom mixed | 9828 |
| fertilizer blender license shall pay the inspection fees described | 9829 |
| in division (A) of section 905.36 of the Revised Code for each | 9830 |
| product being blended. | 9831 |
| Sec. 905.36. (A) A licensee or registrant, except | 9832 |
| registrants who package specialty fertilizers only in containers | 9833 |
| of ten pounds or less, shall pay the director of agriculture for | 9834 |
| all fertilizers distributed in this state an inspection fee at the | 9835 |
| rate of | 9836 |
| cents per metric ton. Licensees and registrants shall specify on | 9837 |
| an invoice whether the per ton inspection fee has been paid or | 9838 |
| whether payment of the fee is the responsibility of the purchaser | 9839 |
| of the fertilizer. The payment of this inspection fee by a | 9840 |
| licensee or registrant shall exempt all other persons from the | 9841 |
| payment of this fee. | 9842 |
| (B) Every licensee or registrant
shall file | 9843 |
| 9844 | |
| the number of net tons or metric tons of fertilizer distributed to | 9845 |
| nonlicensees or nonregistrants in this state by grade; packaged; | 9846 |
| bulk, dry or liquid | 9847 |
| 9848 | |
| 9849 | |
| the thirtieth day of November of each calendar year and shall | 9850 |
| include data from the period beginning on the first day of | 9851 |
| November of the year preceding the year in which the report is due | 9852 |
| through the thirty-first day of October of the year in which the | 9853 |
| report is due. The licensee or registrant, except registrants who | 9854 |
| package specialty fertilizers only in containers of ten pounds or | 9855 |
| less, shall include with this statement the inspection fee at the | 9856 |
| rate stated in division (A) of this section. For a tonnage report | 9857 |
| that is not filed or payment of inspection fees that is not made | 9858 |
| 9859 | |
| November of the applicable calendar year, a penalty of fifty | 9860 |
| dollars or ten per cent of the amount due, whichever is greater, | 9861 |
| shall be assessed against the licensee or registrant. The amount | 9862 |
| of fees due, plus penalty, shall constitute a debt and become the | 9863 |
| basis of a judgment against the licensee or registrant. For | 9864 |
| tonnage reports found to be incorrect, a penalty of fifteen per | 9865 |
| cent of the amount due shall be assessed against the licensee or | 9866 |
| registrant and shall constitute a debt and become the basis of a | 9867 |
| judgment against the licensee or registrant. | 9868 |
| (C) No information furnished under this section shall be | 9869 |
| disclosed by any employee of the department of agriculture in such | 9870 |
| a way as to divulge the operation of any person required to make | 9871 |
| such a report. The filing by a licensee or registrant of a sales | 9872 |
| volume tonnage statement required by division (B) of this section | 9873 |
| thereby grants permission to the director to verify the same with | 9874 |
| the records of the licensee or registrant. | 9875 |
| Sec. 905.37. (A) The director of agriculture | 9876 |
| distribute annual statements of fertilizer sales by grades of | 9877 |
| materials and mixed fertilizer by counties, in a manner prescribed | 9878 |
| by the director. | 9879 |
| (B) The director | 9880 |
| of the analysis of fertilizers inspected. | 9881 |
| (C) The director may distribute a state fertilizer usage | 9882 |
| report by grade of materials and mixed fertilizers for each month. | 9883 |
| Sec. 905.38. The commercial feed, fertilizer, seed, and lime | 9884 |
| inspection and laboratory fund is hereby created in the state | 9885 |
| treasury. All moneys collected by the director of agriculture | 9886 |
| under sections 905.31 to 905.50 of the Revised Code, shall be | 9887 |
| deposited into the fund. Moneys credited to the fund under this | 9888 |
| section and sections 905.66, 907.16, and 923.46 of the Revised | 9889 |
| Code shall be used for administering and enforcing this chapter | 9890 |
| and
| 9891 |
| adopted under them. | 9892 |
| Sec. 905.381. The director of agriculture shall keep | 9893 |
| accurate accounts of all receipts and disbursements from the | 9894 |
| commercial feed, fertilizer, seed, and lime inspection and | 9895 |
| laboratory fund, and shall prepare, and provide upon request, an | 9896 |
| annual report classifying the receipts and disbursements as | 9897 |
| pertaining to either feed, fertilizer, seed, or lime. | 9898 |
| Sec. 905.50. If the director of agriculture has taken an | 9899 |
| official sample of a fertilizer or mixed fertilizer and determined | 9900 |
| that it constitutes mislabeled fertilizer pursuant to rules | 9901 |
| adopted under section 905.40 of the Revised Code, the person who | 9902 |
| labeled the fertilizer or mixed fertilizer shall pay a penalty to | 9903 |
| the consumer of the mislabeled fertilizer or, if the consumer | 9904 |
| cannot be determined with reasonable diligence or is not | 9905 |
| available, to the director for deposit into the commercial feed, | 9906 |
| fertilizer, seed, and lime inspection and laboratory fund created | 9907 |
| under section 905.38 of the Revised Code. The amount of the | 9908 |
| penalty shall be calculated in accordance with either division (A) | 9909 |
| or (B) of this section, whichever method of calculation yields the | 9910 |
| largest amount. | 9911 |
| (A)(1) A penalty required to be paid under this section may | 9912 |
| be calculated as follows: | 9913 |
| (a) Five dollars for each percentage point of total nitrogen | 9914 |
| or phosphorus in the fertilizer that is below the percentage of | 9915 |
| nitrogen or phosphorus guaranteed on the label, multiplied by the | 9916 |
| number of tons of mislabeled fertilizer that have been sold to the | 9917 |
| consumer; | 9918 |
| (b) Three dollars for each percentage point of potash in the | 9919 |
| fertilizer that is below the percentage of potash guaranteed on | 9920 |
| the label, multiplied by the number of tons of mislabeled | 9921 |
| fertilizer that have been sold to the consumer. | 9922 |
| (2) In the case of a fertilizer that contains a quantity of | 9923 |
| nitrogen, phosphorus, or potash that is more than five percentage | 9924 |
| points below the percentages guaranteed on the label, the | 9925 |
| penalties calculated under division (A)(1) of this section shall | 9926 |
| be tripled. | 9927 |
| (3) No penalty calculated under division (A) of this section | 9928 |
| shall be less than twenty-five dollars. | 9929 |
| (B) A penalty required to be paid under this section may be | 9930 |
| calculated by multiplying the market value of one unit of the | 9931 |
| mislabeled fertilizer by the number of units of the mislabeled | 9932 |
| fertilizer that have been sold to the consumer. | 9933 |
| (C) Upon making a determination under this section that a | 9934 |
| person has mislabeled fertilizer or mixed fertilizer, the director | 9935 |
| shall determine the parties to whom the penalty imposed by this | 9936 |
| section is required to be paid and, in accordance with division | 9937 |
| (A) or (B) of this section, as applicable, shall calculate the | 9938 |
| amount of the penalty required to be paid to each such party. | 9939 |
| After completing those determinations and calculations, the | 9940 |
| director shall issue to the person who allegedly mislabeled the | 9941 |
| fertilizer or mixed fertilizer a notice of violation. The notice | 9942 |
| shall be accompanied by an order requiring, and specifying the | 9943 |
| manner of, payment of the penalty imposed by this section to the | 9944 |
| parties in the amounts set forth in the determinations and | 9945 |
| calculations required by this division. The order shall be issued | 9946 |
| in accordance with Chapter 119. of the Revised Code. | 9947 |
| No person shall violate a term or condition of an order | 9948 |
| issued under this division. | 9949 |
| Sec. 905.66. All moneys collected by the director of | 9950 |
| agriculture under sections 905.51 to 905.65 of the Revised Code | 9951 |
| shall be deposited into the commercial feed, fertilizer, seed, and | 9952 |
| lime inspection and laboratory fund created under section 905.38 | 9953 |
| of the Revised Code. | 9954 |
| The director shall prepare and provide a report concerning | 9955 |
| the fund in accordance with section 905.381 of the Revised Code. | 9956 |
| Sec. 907.16. All money collected by the director of | 9957 |
| agriculture under sections 907.01 to 907.17 of the Revised Code | 9958 |
| shall be deposited into the treasury of the state to the credit of | 9959 |
| the commercial feed, fertilizer, seed, and lime inspection and | 9960 |
| laboratory fund | 9961 |
| 9962 | |
| 9963 | |
| Revised Code. | 9964 |
| Sec. 911.02. Each person, firm, partnership, or corporation | 9965 |
| that owns or operates a bakery shall register each bakery that it | 9966 |
| owns or operates with the director of agriculture. For the | 9967 |
| registration, the owner or operator of each bakery shall pay an | 9968 |
| annual fee of | 9969 |
| one thousand pounds of bakery product per hour or less and an | 9970 |
| annual fee of | 9971 |
| bakery product per hour capacity, or part thereof, in excess of | 9972 |
| one thousand pounds of bakery product per hour. | 9973 |
| Any person who owns or operates a home bakery with only one | 9974 |
| oven, in a stove of ordinary home kitchen design and located in a | 9975 |
| home, used for the baking of baked goods to be sold, shall pay a | 9976 |
|
sum of | 9977 |
| the capacity of the home bakery oven. The registration shall be | 9978 |
| renewed annually by the thirtieth day of September and shall be | 9979 |
| renewed according to the standard renewal procedure of Chapter | 9980 |
| 4745. of the Revised Code. The registration of the bakery shall | 9981 |
| show the location, including municipal corporation, street, and | 9982 |
| number, the name of the owner, and the name of the operator. The | 9983 |
| application for registration shall be made on a form prescribed | 9984 |
| and provided by the director. All moneys received from | 9985 |
| registration fees and fines collected under sections 911.01 to | 9986 |
| 911.20 of the Revised Code shall be deposited with the treasurer | 9987 |
| of state to the credit of the food safety fund created in section | 9988 |
| 915.24 of the Revised Code. All annual renewal registration fees | 9989 |
| required by this section shall be paid by the applicant for the | 9990 |
| renewal to the treasurer of state for deposit into the food safety | 9991 |
| fund. | 9992 |
| No bakery product that is manufactured in an out-of-state | 9993 |
| bakery shall be sold or offered for sale within this state unless | 9994 |
| the bakery is in compliance with sections 911.01 to 911.20 of the | 9995 |
| Revised Code, and is registered, having paid the annual | 9996 |
| registration fee. | 9997 |
| Registration of out-of-state bakeries is not required if a | 9998 |
| reciprocal agreement is in effect whereby a bakery located in this | 9999 |
| state is not subject to a license or registration fee by the | 10000 |
| receiving state or a political subdivision thereof. | 10001 |
| Sec. 913.02. No person, firm, or corporation shall engage in | 10002 |
| the business of operating a cannery without obtaining a license | 10003 |
| for the operation of each cannery from the director of | 10004 |
| agriculture. | 10005 |
| In order to obtain a license, an application shall be made on | 10006 |
| a form prescribed by the director and shall be accompanied by a | 10007 |
| fee of | 10008 |
| an investigation to be made. If the applicant is supplied with the | 10009 |
| facilities necessary for complying with sections 913.01 to 913.05 | 10010 |
| of the Revised Code and rules adopted under them, a license shall | 10011 |
| be issued and shall be effective until the thirtieth day of June, | 10012 |
| and shall become invalid on that date unless renewed. The fee for | 10013 |
| each renewal is | 10014 |
| fees shall be deposited to the credit of the food safety fund | 10015 |
| created in section 915.24 of the Revised Code. | 10016 |
| The director may suspend or revoke any license for failure to | 10017 |
| comply with sections 913.01 to 913.05 of the Revised Code, or any | 10018 |
| rule or order adopted under those sections. In such event, the | 10019 |
| cannery immediately shall cease operation. | 10020 |
| Sec. 913.23. (A) The director of agriculture may issue | 10021 |
| licenses as required by sections 913.22 to 913.28 of the Revised | 10022 |
| Code, may make the inspections and registrations required by those | 10023 |
| sections, and may prescribe the form of application to be filed | 10024 |
| under this section. | 10025 |
| (B) No person shall manufacture or bottle for sale within | 10026 |
| this state any soft drink in closed containers unless the person | 10027 |
| has a license issued by the director. Upon receipt of an | 10028 |
| application for such a license, the director shall examine the | 10029 |
| products and the place of manufacture where the business is to be | 10030 |
| conducted, to determine whether the products and place comply with | 10031 |
| sections 913.22 to 913.28 of the Revised Code. Upon finding there | 10032 |
| is
compliance, and upon payment of a license fee of | 10033 |
| hundred dollars, the director shall issue a license authorizing | 10034 |
| the applicant to manufacture or bottle for sale such soft drinks, | 10035 |
| subject to sections 913.22 to 913.28 of the Revised Code. The | 10036 |
| license shall expire on the last day of March of each year unless | 10037 |
| renewed. | 10038 |
| (C) No soft drink that is manufactured or bottled out of the | 10039 |
| state shall be sold or offered for sale within this state unless | 10040 |
| the soft drink and the plant in which the soft drink is | 10041 |
| manufactured or bottled are found by the director to comply with | 10042 |
| sections 913.22
to 913.28 of the Revised Code, and | 10043 |
| registered by the director, which shall be upon a like application | 10044 |
| as provided in division (B) of this section. | 10045 |
| An annual registration fee of | 10046 |
| be paid to the director by each applicant under this division. The | 10047 |
| registration shall be renewed annually, and the registration fee | 10048 |
| paid with the application for annual renewal. | 10049 |
| Registration of out-of-state soft drink manufacturers or | 10050 |
| bottlers or syrup and extract manufacturers is not required if a | 10051 |
| reciprocal agreement is in effect whereby a soft drink | 10052 |
| manufacturer or bottler or syrup and extract manufacturer located | 10053 |
| in this state is not subject to a license or registration fee by | 10054 |
| another state or a political subdivision thereof. | 10055 |
| (D) No person, other than a manufacturer or bottler holding a | 10056 |
| soft drink plant license under this section, shall sell, offer for | 10057 |
| sale, use, or have in the person's possession with intent to sell, | 10058 |
| any soda water syrup or extract or soft drink syrup, to be used in | 10059 |
| making, drawing, or dispensing soda water or other soft drinks, | 10060 |
| without first registering the person's name and address, the name | 10061 |
| and address of the manufacturer of the syrup or extract, the | 10062 |
| number and variety of such syrups or extracts intended to be sold, | 10063 |
| and the trade name or brand of those products, with the director, | 10064 |
| together with such samples of the syrups or extracts as the | 10065 |
| director requests for analysis. The person also shall pay to the | 10066 |
| department of agriculture at the time of making registration a | 10067 |
| license fee of
| 10068 |
| granted by the director unless the director determines that the | 10069 |
| syrup or extract is free from all harmful drugs and other | 10070 |
| ingredients that, as used, may be injurious to health. The | 10071 |
| registration shall be renewed annually upon like terms. If any | 10072 |
| manufacturer, bottler, agent, or seller is licensed or has | 10073 |
| registered the manufacturer's, bottler's, agent's, or seller's | 10074 |
| name and product as required by this section and has paid the | 10075 |
| manufacturer's, bottler's, agent's, or seller's fee, the | 10076 |
| manufacturer's, bottler's, agent's, or seller's distributor, | 10077 |
| retail agent, or retail seller using the products shall not be | 10078 |
| required to pay that fee. This section does not apply to local | 10079 |
| sellers of soft drinks as to syrups and extracts made by | 10080 |
| themselves for their own use exclusively. | 10081 |
| (E) All moneys received under sections 913.22 to 913.28 of | 10082 |
| the Revised Code shall be deposited with the treasurer of state to | 10083 |
| the credit of the food safety fund created in section 915.24 of | 10084 |
| the Revised Code. | 10085 |
| (F) The director may revoke any license or registration | 10086 |
| issued under sections 913.22 to 913.28 of the Revised Code, | 10087 |
| whenever the director determines that those sections have been | 10088 |
| violated. When a license has been revoked, the licensee shall | 10089 |
| discontinue the manufacture and sale of soft drinks or other | 10090 |
| products for which the license was issued. When a registration has | 10091 |
| been revoked, the registrant shall discontinue the sale within | 10092 |
| this state of the registrant's products until those sections have | 10093 |
| been complied with and a new license or registration has been | 10094 |
| issued. The director may suspend any such license or registration | 10095 |
| temporarily, pending compliance with such conditions required by | 10096 |
| those sections as the director prescribes. | 10097 |
| Sec. 915.02. No person, firm, or corporation shall operate a | 10098 |
| cold-storage warehouse, for hire, without a license issued by the | 10099 |
| director of agriculture.
| 10100 |
| written application stating the location
of | 10101 |
| Upon receipt of the application the director shall cause an | 10102 |
| examination to be made into the sanitary conditions of | 10103 |
| warehouse. If it is found to be in a sanitary condition and | 10104 |
| properly equipped for the purpose of cold storage, the director | 10105 |
| shall cause a license to be issued authorizing the applicant to | 10106 |
| operate a warehouse. No license shall be issued until the | 10107 |
| applicant has paid to the director the sum of | 10108 |
| dollars.
| 10109 |
| of each year and becomes invalid on that date unless renewed. A | 10110 |
| license shall be required for each separate warehouse building. | 10111 |
| Sec. 915.16. The license fee for an establishment is | 10112 |
| 10113 | |
| with a cold-storage warehouse holding a license under section | 10114 |
| 915.02 of the Revised Code is not required to secure an additional | 10115 |
| license
under section 915.15 of the Revised Code so long as | 10116 |
| operator continues to be licensed as a cold-storage warehouse; but | 10117 |
| 10118 | |
| 10119 | |
| promulgated thereunder. The license issued shall be in such form | 10120 |
| as the department of agriculture prescribes. Licenses shall be | 10121 |
| valid until the last day of November following initial issuance or | 10122 |
| renewal and shall become invalid on that date unless renewed. The | 10123 |
| original license or a certified copy thereof shall be | 10124 |
| conspicuously displayed by the operator in the establishment. | 10125 |
| Sec. 915.24. (A) There is hereby created in the state | 10126 |
| treasury the food safety fund. All of the following moneys shall | 10127 |
| be credited to the fund: | 10128 |
| (1) Bakery registration fees and fines received under | 10129 |
| sections 911.02 to 911.20 of the Revised Code; | 10130 |
| (2) Cannery license fees and renewal fees received under | 10131 |
| sections 913.01 to 913.05 of the Revised Code; | 10132 |
| (3) Moneys received under sections 913.22 to 913.28 of the | 10133 |
| Revised Code; | 10134 |
| (4) License fees, fines, and penalties recovered for the | 10135 |
| violation of sections 915.01 to 915.12 of the Revised Code; | 10136 |
| (5) License fees collected under sections 915.14 to 915.23 of | 10137 |
| the Revised Code; | 10138 |
| (6) License fees, other fees, and fines collected by or for | 10139 |
| the director of agriculture under Chapter 3717. of the Revised | 10140 |
| Code; | 10141 |
| (7) Fees collected under section 3715.04 of the Revised Code | 10142 |
| for the issuance of certificates of health and freesale. | 10143 |
| (B) The director of agriculture shall use the moneys | 10144 |
| deposited into the food safety fund to administer and enforce the | 10145 |
| laws pursuant to which the moneys were collected. | 10146 |
| Sec. 921.02. (A) No person shall distribute a pesticide | 10147 |
| within this state unless the pesticide is registered with the | 10148 |
| director of agriculture under this chapter. Registrations shall be | 10149 |
| issued for a period of time established by rule and shall be | 10150 |
| renewed in accordance with deadlines established by rule. | 10151 |
| Registration is not required if a pesticide is shipped from one | 10152 |
| plant or warehouse to another plant or warehouse operated by the | 10153 |
| same person and used solely at that plant or warehouse as a | 10154 |
| constituent part to make a pesticide that is registered under this | 10155 |
| chapter, or if the pesticide is distributed under the provisions | 10156 |
| of an experimental use permit issued under section 921.03 of the | 10157 |
| Revised Code or an experimental use permit issued by the United | 10158 |
| States environmental protection agency. | 10159 |
| (B) The applicant for registration of a pesticide shall file | 10160 |
| a statement with the director on a form provided by the director, | 10161 |
| which shall include all of the following: | 10162 |
| (1) The name and address of the applicant and the name and | 10163 |
| address of the person whose name will appear on the label, if | 10164 |
| other than the applicant's name; | 10165 |
| (2) The brand and product name of the pesticide; | 10166 |
| (3) Any necessary information required for completion of the | 10167 |
| department of agriculture's application for registration, | 10168 |
| including the agency registration number; | 10169 |
| (4) A complete copy of the labeling accompanying the | 10170 |
| pesticide and a statement of all claims to be made for it, | 10171 |
| including the directions for use and the use classification as | 10172 |
| provided for in the federal act. | 10173 |
| (C) The director, when the director considers it necessary in | 10174 |
| the administration of this chapter, may require the submission of | 10175 |
| the complete formula of any pesticide including the active and | 10176 |
| inert ingredients. | 10177 |
| (D) The director may require a full description of the tests | 10178 |
| made and the results thereof upon which the claims are based for | 10179 |
| any pesticide. The director shall not consider any data submitted | 10180 |
| in support of an application, without permission of the applicant, | 10181 |
| in support of any other application for registration unless the | 10182 |
| other applicant first has offered to pay reasonable compensation | 10183 |
| for producing the test data to be relied upon and the data are not | 10184 |
| protected from disclosure by section 921.04 of the Revised Code. | 10185 |
| In the case of a renewal of registration, a statement shall be | 10186 |
| required only with respect to information that is different from | 10187 |
| that furnished when the pesticide was registered or last | 10188 |
| registered. | 10189 |
| (E) The director may require any other information to be | 10190 |
| submitted with an application. | 10191 |
| Any applicant may designate any portion of the required | 10192 |
| registration information as a trade secret or confidential | 10193 |
| business information. Upon receipt of any required registration | 10194 |
| information designated as a trade secret or confidential business | 10195 |
| information, the director shall consider the designated | 10196 |
| information as confidential and shall not reveal or cause to be | 10197 |
| revealed any such designated information without the consent of | 10198 |
| the applicants, except to persons directly involved in the | 10199 |
| registration process described in this section or as required by | 10200 |
| law. | 10201 |
| (F) | 10202 |
| a registration and
inspection
fee
| 10203 |
| hundred fifty dollars for each product name and brand registered | 10204 |
| for the company whose name appears on the label. If an applicant | 10205 |
| files for a renewal of registration after the deadline established | 10206 |
| by rule, the
applicant shall pay a
penalty fee
| 10207 |
| of seventy-five dollars for each product name and brand registered | 10208 |
| for the applicant. The penalty fee shall be added to the original | 10209 |
| fee and paid before the renewal registration is issued. In | 10210 |
| addition to any other remedy available under this chapter, if a | 10211 |
| pesticide that is not registered pursuant to this section is | 10212 |
| distributed within this state, the person required to register the | 10213 |
|
pesticide
shall do so
and shall pay a
penalty fee
| 10214 |
| 10215 | |
| registered for the applicant. The penalty fee shall be added to | 10216 |
| the original fee of one hundred fifty dollars and paid before the | 10217 |
| registration is issued. | 10218 |
| (G) Provided that the state is authorized by the | 10219 |
| administrator of the United States environmental protection agency | 10220 |
| to register pesticides to meet special local needs, the director | 10221 |
| shall require the information set forth under divisions (B), (C), | 10222 |
| (D), and (E) of this section and shall register any such pesticide | 10223 |
| after determining that all of the following conditions are met: | 10224 |
| (1) Its composition is such as to warrant the proposed claims | 10225 |
| for it. | 10226 |
| (2) Its labeling and other material required to be submitted | 10227 |
| comply with the requirements of the federal act and of this | 10228 |
| chapter, and rules adopted thereunder. | 10229 |
| (3) It will perform its intended function without | 10230 |
| unreasonable adverse effects on the environment. | 10231 |
| (4) When used in accordance with widespread and commonly | 10232 |
| recognized practice, it will not generally cause unreasonable | 10233 |
| adverse effects on the environment. | 10234 |
| (5) The classification for general or restricted use is in | 10235 |
| conformity with the federal act. | 10236 |
| The director shall not make any lack of essentiality a | 10237 |
| criterion for denying the registration of any pesticide. When two | 10238 |
| pesticides meet the requirements of division (G) of this section, | 10239 |
| the director shall not register one in preference to the other. | 10240 |
| (H)(1) The director may refuse to register a pesticide if the | 10241 |
| application for registration fails to comply with this section. | 10242 |
| (2) The director may suspend or revoke a pesticide | 10243 |
| registration after a hearing in accordance with Chapter 119. of | 10244 |
| the Revised Code for a pesticide that fails to meet the claims | 10245 |
| made for it on its label. | 10246 |
| (3) The director may immediately suspend a pesticide | 10247 |
| registration, prior to a hearing, when the director believes that | 10248 |
| the pesticide poses an immediate hazard to human or animal health | 10249 |
| or a hazard to the environment. Not later than fifteen days after | 10250 |
| suspending the registration, the director shall determine whether | 10251 |
| the pesticide poses such a hazard. If the director determines that | 10252 |
| no hazard exists, the director shall lift the suspension of the | 10253 |
| registration. If the director determines that a hazard exists, the | 10254 |
| director shall revoke the registration in accordance with Chapter | 10255 |
| 119. of the Revised Code. | 10256 |
| Sec. 921.16. (A) The director of agriculture shall adopt | 10257 |
| rules the director determines necessary for the effective | 10258 |
| enforcement and administration of this chapter. The rules may | 10259 |
| relate to, but are not limited to, the time, place, manner, and | 10260 |
| methods of application, materials, and amounts and concentrations | 10261 |
| of application of pesticides, may restrict or prohibit the use of | 10262 |
| pesticides in designated areas during specified periods of time, | 10263 |
| and shall encompass all reasonable factors that the director | 10264 |
| determines necessary to minimize or prevent damage to the | 10265 |
|
environment. In
addition, the
rules shall establish the
| 10266 |
|
deadlines | 10267 |
| renewal, late registration renewal, and failure to register under | 10268 |
| section 921.02 of the Revised Code; the fees for registration, | 10269 |
| registration renewal, late registration renewal, and failure to | 10270 |
| register under section 921.02 of the Revised Code that shall apply | 10271 |
| until the fees that are established under that section take effect | 10272 |
| on January 1, 2007; and the fees, deadlines, and time periods for | 10273 |
| licensure and license renewal under sections 921.06, 921.09, | 10274 |
|
921.11, and 921.13 of the Revised
Code. | 10275 |
| 10276 | |
| 10277 | |
| 10278 | |
| 10279 | |
| 10280 |
| (B) The director shall adopt rules that establish a schedule | 10281 |
| of civil penalties for violations of this chapter, or any rule or | 10282 |
| order adopted or issued under it, provided that the civil penalty | 10283 |
| for a first violation shall not exceed five thousand dollars and | 10284 |
| the civil penalty for each subsequent violation shall not exceed | 10285 |
| ten thousand dollars. In determining the amount of a civil penalty | 10286 |
| for a violation, the director shall consider factors relevant to | 10287 |
| the severity of the violation, including past violations and the | 10288 |
| amount of actual or potential damage to the environment or to | 10289 |
| human beings. | 10290 |
| (C) The director shall adopt rules that set forth the | 10291 |
| conditions under which the director: | 10292 |
| (1) Requires that notice or posting be given of a proposed | 10293 |
| application of a pesticide; | 10294 |
| (2) Requires inspection, condemnation, or repair of equipment | 10295 |
| used to apply a pesticide; | 10296 |
| (3) Will suspend, revoke, or refuse to issue any pesticide | 10297 |
| registration for a violation of this chapter; | 10298 |
| (4) Requires safe handling, transportation, storage, display, | 10299 |
| distribution, and disposal of pesticides and their containers; | 10300 |
| (5) Ensures the protection of the health and safety of | 10301 |
| agricultural workers storing, handling, or applying pesticides, | 10302 |
| and all residents of agricultural labor camps, as that term is | 10303 |
| defined in section 3733.41 of the Revised Code, who are living or | 10304 |
| working in the vicinity of pesticide-treated areas; | 10305 |
| (6) Requires a record to be kept of all pesticide | 10306 |
| applications made by each commercial applicator and by any trained | 10307 |
| serviceperson acting under the commercial applicator's direct | 10308 |
| supervision and of all restricted use pesticide applications made | 10309 |
| by each private applicator and by any immediate family member or | 10310 |
| subordinate employee of that private applicator who is acting | 10311 |
| under the private applicator's direct supervision as required | 10312 |
| under section 921.14 of the Revised Code; | 10313 |
| (7) Determines the pesticide-use categories of diagnostic | 10314 |
| inspections that must be conducted by a commercial applicator; | 10315 |
| (8) Requires a record to be kept of all diagnostic | 10316 |
| inspections conducted by each commercial applicator and by any | 10317 |
| trained service person. | 10318 |
| (D) The director shall prescribe standards for the licensure | 10319 |
| of applicators of pesticides consistent with those prescribed by | 10320 |
| the federal act and the regulations adopted under it or prescribe | 10321 |
| standards that are more restrictive than those prescribed by the | 10322 |
| federal act and the regulations adopted under it. The standards | 10323 |
| may relate to the use of a pesticide or to an individual's | 10324 |
| pesticide-use category. | 10325 |
| The director shall take into consideration standards of the | 10326 |
| United States environmental protection agency. | 10327 |
| (E) The director may adopt rules setting forth the conditions | 10328 |
| under which the director will: | 10329 |
| (1) Collect and examine samples of pesticides or devices; | 10330 |
| (2) Specify classes of devices that shall be subject to this | 10331 |
| chapter; | 10332 |
| (3) Prescribe other necessary registration information. | 10333 |
| (F) The director may adopt rules that do either or both of | 10334 |
| the following: | 10335 |
| (1) Designate, in addition to those restricted uses so | 10336 |
| classified by the administrator of the United States environmental | 10337 |
| protection agency, restricted uses of pesticides for the state or | 10338 |
| for designated areas within the state and, if the director | 10339 |
| considers it necessary, to further restrict such use; | 10340 |
| (2) Define what constitutes "acting under the instructions | 10341 |
| and control of a commercial applicator" as used in the definition | 10342 |
| of "direct supervision" in division (Q)(1) of section 921.01 of | 10343 |
| the Revised Code. In adopting a rule under division (F)(2) of this | 10344 |
| section, the director shall consider the factors associated with | 10345 |
| the use of pesticide in the various pesticide-use categories. | 10346 |
| Based on consideration of the factors, the director may define | 10347 |
| "acting under the instructions and control of a commercial | 10348 |
| applicator" to include communications between a commercial | 10349 |
| applicator and a trained serviceperson that are conducted via | 10350 |
| landline telephone or a means of wireless communication. Any rules | 10351 |
| adopted under division (F)(2) of this section shall be drafted in | 10352 |
| consultation with representatives of the pesticide industry. | 10353 |
| (G) Except as provided in division (D) of this section, the | 10354 |
| director shall not adopt any rule under this chapter that is | 10355 |
| inconsistent with the requirements of the federal act and | 10356 |
| regulations adopted thereunder. | 10357 |
| (H) The director, after notice and opportunity for hearing, | 10358 |
| may declare as a pest any form of plant or animal life, other than | 10359 |
| human beings and other than bacteria, viruses, and other | 10360 |
| microorganisms on or in living human beings or other living | 10361 |
| animals, that is injurious to health or the environment. | 10362 |
| (I) The director may make reports to the United States | 10363 |
| environmental protection agency, in the form and containing the | 10364 |
| information the agency may require. | 10365 |
| (J) The director shall adopt rules for the application, use, | 10366 |
| storage, and disposal of pesticides if, in the director's | 10367 |
| judgment, existing programs of the United States environmental | 10368 |
| protection agency necessitate such rules or pesticide labels do | 10369 |
| not sufficiently address issues or situations identified by the | 10370 |
| department of agriculture or interested state agencies. | 10371 |
| (K) The director shall adopt rules establishing all of the | 10372 |
| following: | 10373 |
| (1) Standards, requirements, and procedures for the | 10374 |
| examination and re-examination of commercial applicators and | 10375 |
| private applicators; | 10376 |
| (2) With respect to training programs that the director may | 10377 |
| require commercial applicators and private applicators to | 10378 |
| complete: | 10379 |
| (a) Standards and requirements that a training program must | 10380 |
| satisfy in order to be offered by the director or the director's | 10381 |
| representative or in order to be approved by the director if a | 10382 |
| third party wishes to offer it; | 10383 |
| (b) Eligibility standards and requirements that must be | 10384 |
| satisfied by third parties who wish to provide the training | 10385 |
| programs; | 10386 |
| (c) Procedures that third parties must follow in order to | 10387 |
| submit a proposed training program to the director for approval; | 10388 |
| (d) Criteria that the director must consider when determining | 10389 |
| whether to authorize a commercial applicator or private applicator | 10390 |
| to participate in a training program instead of being required to | 10391 |
| pass a re-examination. | 10392 |
| (3) Training requirements for a trained serviceperson. | 10393 |
| (L) The director shall adopt all rules under this chapter in | 10394 |
| accordance with Chapter 119. of the Revised Code. | 10395 |
| Sec. 923.44. (A)(1) Except as otherwise provided in | 10396 |
| divisions (A)(2), (3), and (4) of this section, the first | 10397 |
| distributor of a commercial feed shall pay the director of | 10398 |
|
agriculture a semiannual inspection fee at the rate of | 10399 |
| twenty-five cents
per ton, with a minimum payment of | 10400 |
| twenty-five dollars, on all commercial
feeds distributed by | 10401 |
| the first distributor in this state. | 10402 |
| (2) The semiannual inspection fee required under division | 10403 |
| (A)(1) of this section shall not be paid by the first distributor | 10404 |
| of a commercial feed if the distribution is made to an exempt | 10405 |
| buyer who shall be responsible for the fee. The director shall | 10406 |
| establish an exempt list consisting of those buyers who are | 10407 |
| responsible for the fee. | 10408 |
| (3) The semiannual inspection fee shall not be paid on a | 10409 |
| commercial feed if the fee has been paid by a previous | 10410 |
| distributor. | 10411 |
| (4) The semiannual inspection fee shall not be paid on | 10412 |
| customer-formula feed if the fee has been paid on the commercial | 10413 |
|
feeds | 10414 |
| feed. | 10415 |
| (B) Each distributor or exempt buyer who is required to pay a | 10416 |
| fee under division (A)(1) or (2) of this section shall file a | 10417 |
| semiannual statement with the director that includes the number of | 10418 |
| net tons of commercial feed distributed by | 10419 |
| exempt buyer in this state, within thirty days after the thirtieth | 10420 |
| day of June and within thirty days after the thirty-first day of | 10421 |
| December, respectively, of each calendar year. | 10422 |
| The inspection fee at the rate stated in division (A)(1) of | 10423 |
| this section shall accompany the statement. For a tonnage report | 10424 |
| that is not filed or payment of inspection fees that is not made | 10425 |
| within fifteen days after the due date, a penalty of ten per cent | 10426 |
| of the amount due, with a minimum penalty of fifty dollars shall | 10427 |
| be assessd against the distributor or exempt buyer. The amount of | 10428 |
| fees due, plus penalty, shall constitute a debt and become the | 10429 |
| basis of a judgment against the distributor or exempt buyer. | 10430 |
| (C) No information furnished under this section shall be | 10431 |
| disclosed by an employee of the department of agriculture in such | 10432 |
| a way as to divulge the operation of any person required to make | 10433 |
| such a report. | 10434 |
| Sec. 923.45. The director of agriculture | 10435 |
| 10436 | |
| proper: | 10437 |
| (A) Information concerning the sale of commercial feed, | 10438 |
| including any
production and use data | 10439 |
| advisable, provided that the data does not disclose the operation | 10440 |
| of any manufacturer or distributor; | 10441 |
| (B) A comparison of the analyses of official samples of | 10442 |
| commercial feeds distributed in this state with the guaranteed | 10443 |
| analyses on the label. | 10444 |
| Sec. 923.46. All moneys collected by the director of | 10445 |
| agriculture under sections 923.41 to 923.55 of the Revised Code | 10446 |
| shall be deposited into the state treasury to the credit of the | 10447 |
| commercial feed, fertilizer, seed, and lime inspection and | 10448 |
| laboratory fund created in section 905.38 of the Revised Code. | 10449 |
| 10450 | |
| 10451 | |
| 10452 |
| The director shall prepare and provide a report concerning | 10453 |
| the fund in accordance with section 905.381 of the Revised Code. | 10454 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 10455 |
| 927.74 of the Revised Code, the director of agriculture or the | 10456 |
| director's authorized representative may: | 10457 |
| (A) Make reasonable inspection of any premises in this state | 10458 |
| and any property therein or thereon; | 10459 |
| (B) Stop and inspect in a reasonable manner, any means of | 10460 |
| conveyance moving within this state upon probable cause to believe | 10461 |
| it contains or carries any pest, host, commodity, or other article | 10462 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 10463 |
| (C) Conduct inspections of agricultural products that are | 10464 |
| required by other states, the United States department of | 10465 |
| agriculture, other federal agencies, or foreign countries to | 10466 |
| determine whether the products are infested. If, upon making such | 10467 |
| an inspection, the director or the director's authorized | 10468 |
| representative determines that an agricultural product is not | 10469 |
| infested, the director or the director's authorized representative | 10470 |
| may issue a certificate, as required by other states, the United | 10471 |
| States department of agriculture, other federal agencies, or | 10472 |
| foreign countries, indicating that the product is not infested. | 10473 |
| If the director charges fees for any of the certificates, | 10474 |
| agreements, or inspections specified in this section, the fees | 10475 |
| shall be as follows: | 10476 |
| (1) Phyto sanitary certificates, twenty-five dollars; | 10477 |
| (2) Compliance agreements, twenty dollars; | 10478 |
| (3) Solid wood packing certificates, twenty dollars; | 10479 |
| (4) Agricultural products and their conveyances inspections, | 10480 |
| 10481 | |
| the highest step in the pay range, including fringe benefits, of a | 10482 |
| plant pest control specialist multiplied by the number of hours | 10483 |
| worked by such a specialist in conducting an inspection. | 10484 |
| The director may adopt rules under section 927.52 of the | 10485 |
| Revised Code that define the certificates, agreements, and | 10486 |
| inspections. | 10487 |
| The fees shall be deposited into the state treasury to the | 10488 |
| credit of the pesticide program fund created in Chapter 921. of | 10489 |
| the Revised Code. Money credited to the fund shall be used to pay | 10490 |
| the costs incurred by the department of agriculture in | 10491 |
| administering this chapter, including employing a minimum of two | 10492 |
| additional inspectors. | 10493 |
| Sec. 1327.511. All money collected under section 1327.50 of | 10494 |
| the Revised Code for services rendered by the department of | 10495 |
| agriculture in operating the type evaluation program shall be | 10496 |
| deposited in the state treasury to the credit of the metrology and | 10497 |
| scale certification fund, which is hereby created. Money credited | 10498 |
| to the fund shall be used to pay operating costs incurred by the | 10499 |
| department in administering the program. | 10500 |
| Sec. 1327.62. Whenever the director of agriculture, or | 10501 |
| the director's designee, has cause to believe that any person has | 10502 |
| violated, or
is violating, section 1327.54 | 10503 |
| of the Revised Code, | 10504 |
| designee, may conduct a hearing in accordance with Chapter 119. of | 10505 |
| the Revised Code to determine whether a violation has occurred. If | 10506 |
| the director or | 10507 |
| person has violated or is violating section 1327.54 | 10508 |
| or 1327.70 of
the Revised Code, | 10509 |
| designee may assess a civil penalty against the person. The person | 10510 |
| is liable for a civil penalty of not more than five hundred | 10511 |
| dollars for a first violation; for a second violation the person | 10512 |
| is liable for a civil penalty of not more than two thousand five | 10513 |
| hundred dollars; for each subsequent violation that occurs within | 10514 |
| five years after the second violation, the person is liable for a | 10515 |
| civil penalty of not more than ten thousand dollars. | 10516 |
| Any person assessed a civil penalty under this section shall | 10517 |
| pay the amount prescribed to the department of agriculture. The | 10518 |
| department shall remit all moneys collected under this section to | 10519 |
| the treasurer of state for deposit in the general revenue fund. | 10520 |
| Sec. 1327.70. (A) As used in this section: | 10521 |
| (1) "Large capacity scale" includes the following: | 10522 |
| (a) Vehicle and axle-load scales used by law enforcement | 10523 |
| personnel in the enforcement of load limits on highways together | 10524 |
| with commercial railway, vehicle, and livestock scales. | 10525 |
| Descriptions of these types of scales are included in national | 10526 |
| institute of standards and technology handbook 44 or its | 10527 |
| supplements and revisions, as referred to in section 1327.49 of | 10528 |
| the Revised Code. | 10529 |
| (b) Any other scales designated in rules adopted under this | 10530 |
| section. | 10531 |
| (2) "Large meter" includes the following: | 10532 |
| (a) Commercially used rack meters, vehicle tank meters, and | 10533 |
| liquefied petroleum gas truck mounted meters. Descriptions of | 10534 |
| these types of meters are included in national institute of | 10535 |
| standards and technology handbook 44 or its supplements and | 10536 |
| revisions, as referred to in section 1327.49 of the Revised Code. | 10537 |
| (b) Any other meters designated in rules adopted under this | 10538 |
| section. | 10539 |
| (B) On and after September 1, 2005, no person shall operate a | 10540 |
| large capacity scale or a large meter in this state unless the | 10541 |
| operator holds a valid permit issued by the director of | 10542 |
| agriculture or the director's designee for the scale or meter. A | 10543 |
| person who wishes to operate a large capacity scale or a large | 10544 |
| meter in this state shall file a permit application with the | 10545 |
| director on a form that the director prescribes and provides. The | 10546 |
| applicant shall include on the application any information | 10547 |
| solicited by the form and include with it a fee of two hundred | 10548 |
| fifty dollars. | 10549 |
| (C) Upon receipt of a completed permit application and | 10550 |
| payment of the required permit fee, the director or the director's | 10551 |
| designee shall issue to the applicant a permit to operate the | 10552 |
| large capacity scale or large meter that is the subject of the | 10553 |
| application. A permit issued under this section expires on the | 10554 |
| thirtieth day of June following its issuance and may be renewed | 10555 |
| annually on or before the first day of July upon payment of a | 10556 |
| renewal fee in the amount of two hundred fifty dollars. | 10557 |
| (D) The director may adopt rules in accordance with Chapter | 10558 |
| 119. of the Revised Code that designate additional types of scales | 10559 |
| and meters to be included in the definitions of "large capacity | 10560 |
| scale" and "large meter," respectively, or that provide a more | 10561 |
| detailed explanation of terms initially included in those | 10562 |
| definitions by statute. | 10563 |
| Sec. 1327.71. There is hereby created in the state treasury | 10564 |
| the weights and measures permit fund. The director of agriculture | 10565 |
| shall deposit permit and renewal fees collected under section | 10566 |
| 1327.70 of the Revised Code into the state treasury to the credit | 10567 |
| of the fund. The director may use money in the fund to pay costs | 10568 |
| associated with the programs administered by the department of | 10569 |
| agriculture involving weights and measures. | 10570 |
| Sec. 1327.99. Whoever violates section 1327.54 | 10571 |
| (A), (B), (C), or (D) of section 1327.61, or section 1327.70 of | 10572 |
| the Revised Code is guilty of a misdemeanor of the second degree | 10573 |
| on a first offense; on each subsequent offense within seven years | 10574 |
| after the first offense, | 10575 |
| misdemeanor of the first degree. | 10576 |
| Sec. 1502.02. (A) There is hereby created in the department | 10577 |
| of natural resources the division of recycling and litter | 10578 |
| prevention to be headed by the chief of recycling and litter | 10579 |
| prevention. | 10580 |
| (B) There is hereby created in the state treasury the | 10581 |
| recycling and litter prevention fund, consisting of moneys | 10582 |
| distributed to it from fees, including the fee levied under | 10583 |
| division (A)(4) of section 3734.57 of the Revised Code, gifts, | 10584 |
| donations, grants, reimbursements, and other sources, including | 10585 |
| investment earnings. | 10586 |
| (C) The chief of recycling and litter prevention shall do all | 10587 |
| of the following: | 10588 |
| (1) Use moneys credited to the fund exclusively for the | 10589 |
| purposes set forth in sections 1502.03, 1502.04, and 1502.05 of | 10590 |
| the Revised Code, with particular emphasis on programs relating to | 10591 |
| recycling; | 10592 |
| (2) Expend for administration of the division not more than | 10593 |
| ten per cent of any fiscal year's appropriation to the division, | 10594 |
| excluding the amount assessed to the division for direct and | 10595 |
| indirect central support charges; | 10596 |
| (3) Require recipients of grants under section 1502.05 of the | 10597 |
| Revised Code, as a condition of receiving and retaining them, to | 10598 |
| do all of the following: | 10599 |
| (a) Create a separate account for the grants and any cash | 10600 |
| donations received that qualify for the donor credit allowed by | 10601 |
| section 5733.064 of the Revised Code; | 10602 |
| (b) Make expenditures from the account exclusively for the | 10603 |
| purposes for which the grants were received; | 10604 |
| (c) Use any auditing and accounting practices the chief | 10605 |
| considers necessary regarding the account; | 10606 |
| (d) Report to the chief information regarding the amount and | 10607 |
| donor of cash donations received as described by section 5733.064 | 10608 |
| of the Revised Code; | 10609 |
| (e) Use grants received to supplement and not to replace any | 10610 |
| existing funding for such purposes. | 10611 |
| (4) Report to the tax commissioner information the chief | 10612 |
| receives pursuant to division (C)(3)(d) of this section. | 10613 |
| Sec. 1503.01. The chief of the division of forestry shall | 10614 |
| administer this chapter. | 10615 |
| The chief may adopt, amend, and rescind rules, in accordance | 10616 |
| with Chapter 119. of the Revised Code, for the administration, | 10617 |
| implementation, and enforcement of section 1503.43 of the Revised | 10618 |
| Code and for the administration, use, visitation, and protection | 10619 |
| of the state forests, except those forests used solely for | 10620 |
| research purposes by the Ohio agricultural research and | 10621 |
| development center. | 10622 |
| charges for the use of state forests and for any service that is | 10623 |
| provided under a program administered by the division. Such a fee | 10624 |
| or charge for the use of a state forest shall not be considered | 10625 |
| the payment of a fee or consideration by a recreational user as | 10626 |
| described in division (B) of section 1533.18 of the Revised Code. | 10627 |
| Copies of the rules governing state forests shall be posted | 10628 |
| in conspicuous places in those forests. No person shall violate | 10629 |
| any rule adopted under this section. | 10630 |
| The chief, with the approval of the director of natural | 10631 |
| resources, may enter into an agreement with the United States | 10632 |
| department of agriculture under the "Cooperative Forestry | 10633 |
| Assistance Act of 1978," 92 Stat. 365, 16 U.S.C.A. 2101, as | 10634 |
| amended, for the purpose of receiving and disbursing grants to | 10635 |
| provide forestry and fire protection assistance on public and | 10636 |
| private lands in this state. | 10637 |
| The chief shall employ, subject to the approval of the | 10638 |
| director, field assistants and such other employees as are | 10639 |
| necessary for the performance of the work prescribed by this | 10640 |
| chapter and for the performance of the other work of the division, | 10641 |
| shall prescribe their duties, and shall fix their compensation in | 10642 |
| accordance with such schedules as are provided by law for the | 10643 |
| compensation of state employees. | 10644 |
| All employees of the division, unless specifically exempted | 10645 |
| by law, shall be employed subject to the classified civil service | 10646 |
| laws in force at the time of employment. | 10647 |
| Sec. 1517.02. There is hereby created in the department of | 10648 |
| natural resources the division of natural areas and preserves, | 10649 |
| which shall be administered by the chief of the division of | 10650 |
| natural areas and preserves. The chief shall take an oath of | 10651 |
| office and shall file in the office of the secretary of state a | 10652 |
|
bond signed by | 10653 |
| governor for a sum fixed pursuant to section 121.11 of the Revised | 10654 |
| Code. | 10655 |
| The chief shall, in consultation from time to time with the | 10656 |
| Ohio natural areas council, administer a system of nature | 10657 |
| preserves and wild, scenic, and recreational river areas. The | 10658 |
| chief shall establish a system of nature preserves through | 10659 |
| acquisition and dedication of natural areas of state or national | 10660 |
| significance, which shall include, but not be limited to, areas | 10661 |
| 10662 | |
| landscape types and its natural vegetation and geological history. | 10663 |
| The chief shall encourage landowners to dedicate areas of unusual | 10664 |
| significance as nature preserves, and shall establish and maintain | 10665 |
| a registry of natural areas of unusual significance. | 10666 |
| The chief may supervise, operate, protect, and maintain wild, | 10667 |
| scenic, and recreational river areas, as designated by the | 10668 |
| director of natural resources. The chief may cooperate with | 10669 |
| federal agencies administering any federal program concerning | 10670 |
| wild, scenic, or recreational river areas. | 10671 |
| | 10672 |
| 10673 | |
| 10674 | |
| 10675 | |
| 10676 | |
| 10677 |
| The chief shall: | 10678 |
| (A) Formulate policies and plans for the acquisition, use, | 10679 |
| management, and protection of nature preserves; | 10680 |
| (B) Formulate policies for the selection of areas suitable | 10681 |
| for registration; | 10682 |
| (C) Formulate policies for the dedication of areas as nature | 10683 |
| preserves; | 10684 |
| (D) Prepare and maintain surveys and inventories of natural | 10685 |
| areas and habitats of rare and endangered species of plants and | 10686 |
| animals; | 10687 |
| (E) Adopt rules for the use, visitation, and protection of | 10688 |
|
nature preserves, | 10689 |
| easement, license, or lease by the department and administered by | 10690 |
|
the division, | 10691 |
|
license, or lease | 10692 |
|
division | 10693 |
| recreational river area, in accordance with Chapter 119. of the | 10694 |
| Revised Code; | 10695 |
| (F) Provide facilities and improvements within the state | 10696 |
| system of nature preserves that are necessary for their | 10697 |
| visitation, use, restoration, and protection and do not impair | 10698 |
| their natural character; | 10699 |
| (G) Consult with the Ohio natural areas council in advance of | 10700 |
| any improvement, development, or change in use of a nature | 10701 |
| preserve that is inconsistent with the rules governing their use; | 10702 |
| (H) Provide interpretive programs and publish and disseminate | 10703 |
| information pertaining to nature preserves and natural areas for | 10704 |
| their visitation and use; | 10705 |
| (I) Conduct and grant permits to qualified persons for the | 10706 |
| conduct of scientific research and investigations within nature | 10707 |
| preserves; | 10708 |
| (J) Establish an appropriate system for marking nature | 10709 |
| preserves; | 10710 |
| (K) Publish and submit to the governor and the general | 10711 |
| assembly a biennial report of the status and condition of each | 10712 |
| nature preserve, activities conducted within each preserve, and | 10713 |
| plans and recommendations for natural area preservation. | 10714 |
| Sec. 1517.052. (A)(1) No public entity with authority to levy | 10715 |
| special assessments on real property shall collect an assessment | 10716 |
| for purposes of sewer, water, or electrical service on real | 10717 |
| property that is within a nature preserve as described in division | 10718 |
| (A)(2) of this section without the permission of the owner. | 10719 |
| (2) For purposes of division (A)(1) of this section, a nature | 10720 |
| preserve is an area that is established: | 10721 |
| (a) In the case of counties, prior to the adoption of a | 10722 |
| resolution of necessity by a board of county commissioners | 10723 |
| pursuant to section 6103.05 or 6117.06 of the Revised Code; | 10724 |
| (b) In the case of municipal corporations, prior to whichever | 10725 |
| of the following occurs first: | 10726 |
| (i) The adoption of the resolution of necessity by the | 10727 |
| municipal legislative authority pursuant to section 727.12 or | 10728 |
| 729.02 of the Revised Code; | 10729 |
| (ii) The service of notice on all or some of the owners to be | 10730 |
| assessed pursuant to section 729.06 of the Revised Code; | 10731 |
| (iii) The adoption of the ordinance or resolution by the | 10732 |
| municipal legislative authority declaring the necessity for the | 10733 |
| improvement, the costs of which are to be assessed under | 10734 |
| procedures authorized by a municipal charter adopted pursuant to | 10735 |
| Section 7 of Article XVIII, Ohio Constitution, or, if no such | 10736 |
| ordinance or resolution is required under the charter, the service | 10737 |
| of the first notice on all or some of the owners of lands to be | 10738 |
| assessed, or the adoption of the first ordinance or resolution by | 10739 |
| the municipal legislative authority pertaining to the assessment | 10740 |
| proceedings under the charter. | 10741 |
| (c) In the case of a regional water and sewer district | 10742 |
| established under Chapter 6119. of the Revised Code, prior to the | 10743 |
| adoption of a resolution of necessity by the board of trustees of | 10744 |
| the district under section 6119.25 of the Revised Code. | 10745 |
| (B) For each special assessment levied by a public entity on | 10746 |
| real property within a nature preserve for purposes of sewer, | 10747 |
| water, or electrical service, the county auditor shall make and | 10748 |
| maintain a list showing all of the following: | 10749 |
| (1) The name of the owner of each lot, tract, or parcel of | 10750 |
| land that is exempt from the collection of the special assessment | 10751 |
| under this section; | 10752 |
| (2) A description of the exempt land; | 10753 |
| (3) The purpose of the special assessment; | 10754 |
| (4) The amount of the uncollected assessment on the exempt | 10755 |
| land. | 10756 |
| In the case of a county project that is constructed under | 10757 |
| Chapter 6103. or 6117. of the Revised Code, the county auditor may | 10758 |
| use a list provided for in those chapters in lieu of the list | 10759 |
| required by division (B) of this section. The auditor also shall | 10760 |
| record in the water-works record that is required by section | 10761 |
| 6103.16 of the Revised Code or the sewer improvement record that | 10762 |
| is required by section 6117.33 of the Revised Code those | 10763 |
| assessments that are not collected under this section. The | 10764 |
| recording of the assessments does not permit the collection of the | 10765 |
| assessments until the time that exempt lands are withdrawn from | 10766 |
| dedication as a nature preserve. | 10767 |
| (C) A board of county commissioners, legislative authority of | 10768 |
| a municipal corporation, or other governing board of any other | 10769 |
| public entity may apply to the water and sewer commission created | 10770 |
| in division (C) of section 1525.11 of the Revised Code for an | 10771 |
| advance of money from the water and sewer fund created in division | 10772 |
| (A) of that section in an amount equal to that portion of the | 10773 |
| costs of a water or sewer improvement authorized by law that is to | 10774 |
| be financed by assessments whose collection is prohibited under | 10775 |
| division (A) of this section. The application for such an advance | 10776 |
| of money shall be made in the manner prescribed by rules of the | 10777 |
| commission. Upon collection of any assessment whose collection was | 10778 |
| prohibited under division (A) of this section, the board of county | 10779 |
| commissioners, legislative authority, or other governing board | 10780 |
| shall repay the commission the amount of any money advanced by it | 10781 |
| in regard to the assessments. | 10782 |
| Sec. 1521.062. (A) All dams, dikes, and levees constructed | 10783 |
| in this state and not exempted by this section or by the chief of | 10784 |
| the division of water under section 1521.06 of the Revised Code | 10785 |
| shall be inspected periodically by the chief | 10786 |
| classes of dams that, in accordance with rules adopted under this | 10787 |
| section, are required to be inspected by registered professional | 10788 |
| engineers who have been approved for that purpose by the chief. | 10789 |
| The inspection shall ensure that continued operation and use of | 10790 |
| the dam, dike, or levee does not constitute a hazard to life, | 10791 |
| health, or property. Periodic inspections shall not be required of | 10792 |
| the following structures: | 10793 |
| (1) A dam that is less than ten feet in height and has a | 10794 |
| storage capacity of not more than fifty acre-feet at the elevation | 10795 |
| of the top of the dam, as determined by the chief. For the | 10796 |
| purposes of this section, the height of a dam shall be measured | 10797 |
| from the natural stream bed or lowest ground elevation at the | 10798 |
| downstream or outside limit of the dam to the elevation of the top | 10799 |
| of the dam. | 10800 |
| (2) A dam, regardless of height, that has a storage capacity | 10801 |
| of not more than fifteen acre-feet at the elevation of the top of | 10802 |
| the dam, as determined by the chief; | 10803 |
| (3) A dam, regardless of storage capacity, that is six feet | 10804 |
| or less in height, as determined by the chief; | 10805 |
| (4) A dam, dike, or levee belonging to a class exempted by | 10806 |
| the chief; | 10807 |
| (5) A dam, dike, or levee that has been exempted in | 10808 |
| accordance with rules adopted under section 1521.064 of the | 10809 |
| Revised Code. | 10810 |
| (B) In accordance with rules adopted under this section, the | 10811 |
| owner of a dam that is in a class of dams that is designated in | 10812 |
| the rules for inspection by registered professional engineers | 10813 |
| shall obtain the services of a registered professional engineer | 10814 |
| who has been approved by the chief to conduct the periodic | 10815 |
| inspection of dams pursuant to schedules and other standards and | 10816 |
| procedures established in the rules. The registered professional | 10817 |
| engineer shall prepare a report of the inspection in accordance | 10818 |
| with the rules and provide the inspection report to the dam owner | 10819 |
| who shall submit it to the chief. A dam that is designated under | 10820 |
| the rules for inspection by a registered professional engineer but | 10821 |
| that is not inspected within a five-year period may be inspected | 10822 |
| by the chief at the owner's expense. | 10823 |
| (C) Intervals between periodic inspections shall be | 10824 |
|
determined by the chief, but shall not exceed five years. | 10825 |
| 10826 | |
| 10827 |
| | 10828 |
| the chief inspects, the chief shall | 10829 |
| of | 10830 |
| levee. With regard to a dam, dike, or levee that has been | 10831 |
| inspected, either by the chief or by a registered professional | 10832 |
| engineer, and that is the subject of an inspection report prepared | 10833 |
| or received by the chief, the chief shall | 10834 |
| the owner of any required repairs, maintenance, investigations, | 10835 |
| and other remedial and operational
measures | 10836 |
| chief shall order the owner to perform such repairs, maintenance, | 10837 |
| investigations, or other
remedial or operational measures as | 10838 |
| the chief considers necessary to safeguard life, health, or | 10839 |
| property. The order shall permit the owner a reasonable time in | 10840 |
| which to perform the needed repairs, maintenance, investigations, | 10841 |
| or other remedial measures, and the cost thereof shall be borne by | 10842 |
| the owner. All orders of the chief are subject to appeal as | 10843 |
| provided in Chapter 119. of the Revised Code. The attorney | 10844 |
| general, upon written request of the chief, may bring an action | 10845 |
| for an injunction against any person who violates this section or | 10846 |
| to enforce an order of the chief made pursuant to this section. | 10847 |
| | 10848 |
| maintain, and operate the structure and its appurtenances safely | 10849 |
| in accordance with state rules, terms and conditions of permits, | 10850 |
| orders, and other requirements issued pursuant to this section or | 10851 |
| section 1521.06 of the Revised Code. The owner shall fully and | 10852 |
| promptly notify the division of water and other responsible | 10853 |
|
authorities of any condition | 10854 |
| the structure and shall take all necessary actions to safeguard | 10855 |
| life, health, and property. | 10856 |
| | 10857 |
| or removal of a dam, dike, or levee, the owner shall file an | 10858 |
| application including plans, specifications, and other required | 10859 |
| information with the division and shall secure written approval of | 10860 |
| the application by the chief. Emergency actions by the owner | 10861 |
| required to safeguard life, health, or property are exempt from | 10862 |
| this requirement. The chief may, by rule, define maintenance, | 10863 |
|
repairs, or other remedial measures of a routine nature | 10864 |
| are exempt from this requirement. | 10865 |
| | 10866 |
| owner, any unsafe structures found to be constructed or maintained | 10867 |
| in violation of this section or section 1521.06 of the Revised | 10868 |
| Code. In the case of an owner other than a governmental agency, | 10869 |
| the cost of removal or correction of any unsafe structure, | 10870 |
| together with a description of the property on which the unsafe | 10871 |
| structure is located, shall be certified by the chief to the | 10872 |
| county auditor and placed by the county auditor upon the tax | 10873 |
| duplicate. This cost is a lien upon the lands from the date of | 10874 |
| entry and shall be collected as other taxes and returned to the | 10875 |
| division. In the case of an owner that is a governmental agency, | 10876 |
| the cost of removal or correction of any unsafe structure shall be | 10877 |
| recoverable from the owner by appropriate action in a court of | 10878 |
| competent jurisdiction. | 10879 |
| | 10880 |
| in the judgment of the chief, to be so dangerous to the safety of | 10881 |
| life, health, or property as not to permit time for the issuance | 10882 |
| and enforcement of an order relative to repair, maintenance, or | 10883 |
| operation, the chief shall employ any of the following remedial | 10884 |
| means necessary to protect life, health, and property: | 10885 |
| (1) Lower the water level of the lake or reservoir by | 10886 |
| releasing water; | 10887 |
| (2) Completely drain the lake or reservoir; | 10888 |
| (3) Take such other measures or actions as | 10889 |
| considers necessary to safeguard life, health, and property. | 10890 |
| The chief shall continue in full charge and control of the | 10891 |
| dam, dike, or levee until the structure is rendered safe. The cost | 10892 |
| of the remedy shall be recoverable from the owner of the structure | 10893 |
| by appropriate action in a court of competent jurisdiction. | 10894 |
| | 10895 |
| grants from the United States government or from any other public | 10896 |
| or private source and may contract with the United States | 10897 |
| government or any other agency or entity for the purpose of | 10898 |
| carrying out the dam safety functions set forth in this section | 10899 |
| and section 1521.06 of the Revised Code. | 10900 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 10901 |
| chief shall adopt, and may amend or rescind, rules that do all of | 10902 |
| the following: | 10903 |
| (1) Designate classes of dams for which dam owners must | 10904 |
| obtain the services of a registered professional engineer to | 10905 |
| periodically inspect the dams and to prepare reports of the | 10906 |
| inspections for submittal to the chief; | 10907 |
| (2) Establish standards in accordance with which the chief | 10908 |
| must approve or disapprove registered professional engineers to | 10909 |
| inspect dams together with procedures governing the approval | 10910 |
| process; | 10911 |
| (3) Establish schedules, standards, and procedures governing | 10912 |
| periodic inspections and standards and procedures governing the | 10913 |
| preparation and submittal of inspection reports; | 10914 |
| (4) Establish provisions regarding the enforcement of this | 10915 |
| section and rules adopted under it. | 10916 |
| Sec. 1521.151. The chief of the division of water is not | 10917 |
| required to allow access to or the use of a computer database that | 10918 |
| consists of geographic information and that is maintained by the | 10919 |
| division of water, except under terms and conditions that are | 10920 |
| acceptable to the chief. The chief shall establish procedures and | 10921 |
| reasonable rates to be charged for the dissemination, upon the | 10922 |
| request of any person, of specified records stored in such a | 10923 |
| computer database other than records that the chief considers to | 10924 |
| be confidential. The chief also may establish specific rates that | 10925 |
| are reasonable to charge for the special extraction of information | 10926 |
| from such a computer database or for the compilation of data or | 10927 |
| maps. | 10928 |
| Sec. 1525.11. (A) The water and sewer fund, which is hereby | 10929 |
| created in the state treasury, shall consist of moneys | 10930 |
| appropriated to the fund by the general assembly, moneys allocated | 10931 |
| to the fund pursuant to section 164.08 of the Revised Code, moneys | 10932 |
| repaid to the fund for advances made from it, and interest paid | 10933 |
| for delay in repayment of advances from the fund. The fund shall | 10934 |
| be administered by the water and sewer commission created by | 10935 |
| division (C) of this section. Moneys in the fund shall be used | 10936 |
| solely for advances to boards of county commissioners, legislative | 10937 |
| authorities of municipal corporations, and governing boards of any | 10938 |
| other public entities to meet that portion of the cost of the | 10939 |
| extension of water and sewer lines to be financed by assessments | 10940 |
| for which collections are deferred or exempt pursuant to division | 10941 |
| (A) of section 929.03, division (A) of section 1517.052, division | 10942 |
| (B) of section 6103.052, or division (B)
of section 6117.062 | 10943 |
| 10944 | |
| allocated to the fund pursuant to section 164.08 of the Revised | 10945 |
| Code shall be used solely to make advances to subdivisions | 10946 |
| described in this division. Advances made from moneys deposited in | 10947 |
| this fund pursuant to section 164.08 of the Revised Code shall be | 10948 |
| repaid within twenty years from the time the
advance is made | 10949 |
| (B) The water and sewer administrative fund is hereby created | 10950 |
| in the state treasury to consist of moneys collected as fees | 10951 |
| pursuant to division (C) of section 1525.12 of the Revised Code. | 10952 |
| Moneys in this fund shall be used solely to pay the administrative | 10953 |
| costs of the water and sewer commission. | 10954 |
| (C) There is hereby created the water and sewer commission. | 10955 |
| The commission shall consist of seven members and, for | 10956 |
| administrative purposes, shall be attached to the department of | 10957 |
| development. The members of the commission shall be the director | 10958 |
| of development or the director's representative, the director of | 10959 |
| health or the director's representative, the director of | 10960 |
| agriculture or the director's representative, the director of | 10961 |
| natural resources or the director's representative, and three | 10962 |
| members appointed by the governor. One of the three members | 10963 |
| appointed by the governor shall be a representative of industry, | 10964 |
| one shall be a farmer whose major source of income is derived from | 10965 |
| farming, and one shall be a representative of the public. The | 10966 |
| governor shall appoint one member to serve for a term of one year, | 10967 |
| one member to serve for a term of two years, and one member to | 10968 |
| serve for a term of three years. Thereafter, terms of office of | 10969 |
| members appointed by the governor shall be for three years, | 10970 |
| commencing on the twentieth day of December and ending on the | 10971 |
| nineteenth day of December. Each appointed member shall hold | 10972 |
| office from the date of appointment until the end of the term for | 10973 |
| which the member was appointed. Any member appointed to fill a | 10974 |
| vacancy occurring prior to the expiration of the term for which | 10975 |
| the member's predecessor was appointed shall hold office for the | 10976 |
| remainder of | 10977 |
| in office subsequent to the expiration date
of | 10978 |
| term until the member's successor takes office, or until a period | 10979 |
| of sixty days has elapsed, whichever occurs first. The governor | 10980 |
| shall designate the chairperson of the commission, who shall serve | 10981 |
| for a term of one year. The members of the commission shall | 10982 |
| receive no compensation other than for expenses incurred in the | 10983 |
| performance of their duties. | 10984 |
| (D) The commission shall submit orders, made pursuant to | 10985 |
| division (D) of section 1525.12 of the Revised Code, approving | 10986 |
| advances from the water and sewer fund, to the controlling board. | 10987 |
| The controlling board shall then determine whether or not such an | 10988 |
| advance shall be made. If the board determines that the advance | 10989 |
|
shall be made, it shall certify | 10990 |
| budget and management for payment. | 10991 |
| Sec. 1525.12. The water and sewer commission shall in the | 10992 |
| administration of the water and sewer fund: | 10993 |
| (A) Consider applications for advances from the fund made | 10994 |
| pursuant to division (D) of section 929.03, division (C) of | 10995 |
| section 1517.052, or division (A) of section 6103.052 or of | 10996 |
| section 6117.062 of the Revised Code; | 10997 |
| (B) Determine, pursuant to the standards set forth in section | 10998 |
| 1525.13 of the Revised Code, whether an advance of moneys should | 10999 |
| be made as requested by an application, approve the amount of the | 11000 |
| advance, if any, to be made, and fix the maximum time within which | 11001 |
| the advance shall be repaid; | 11002 |
| (C) Collect from the boards of county commissioners, | 11003 |
| legislative authorities of municipal corporations, or governing | 11004 |
| boards of any other public entities requesting an advance from the | 11005 |
| water and sewer fund pursuant to division (D) of section 929.03, | 11006 |
| division (C) of section 1517.052, or division (A) of both sections | 11007 |
| 6103.052 and 6117.062 of the Revised Code a fee equal to two per | 11008 |
| cent of any moneys advanced from the fund and pay the fees into | 11009 |
| the water and sewer administrative fund created pursuant to | 11010 |
| division (B) of section 1525.11 of the Revised Code; | 11011 |
| (D) Submit orders approving advances to the controlling board | 11012 |
| for action pursuant to division | 11013 |
| Revised Code; | 11014 |
| (E) Adopt pursuant to Chapter 119. of the Revised Code: | 11015 |
| (1) Rules prescribing the form of application for advances | 11016 |
|
from the fund and the time and manner of submitting | 11017 |
| application; | 11018 |
| (2) Rules prescribing the criteria to determine the | 11019 |
| occurrence of a change in the use of property as referred to in | 11020 |
| division (C) of section 929.03 or division (C) of both sections | 11021 |
| 6103.052 and 6117.062 of the Revised Code; | 11022 |
| (3) Rules prescribing the criteria to consider for the | 11023 |
| disposition of requests for advances from the fund made pursuant | 11024 |
| to section 1525.13 of the Revised Code; | 11025 |
| (4) Rules prescribing standards for the use of boards of | 11026 |
| county commissioners in determining the disposition of requests | 11027 |
| for deferment of collection of assessment pursuant to division (B) | 11028 |
| of both sections 6103.052 and 6117.062 of the Revised Code. | 11029 |
| (F) Investigate the uses of those lands on which the deferred | 11030 |
| or exempted collection of assessments has been the basis for | 11031 |
| advances of moneys from the fund, require the boards of county | 11032 |
| commissioners to repay the commission pursuant to division (C) or | 11033 |
| (D) of section 6103.052 or division (C) or (D) of section 6117.062 | 11034 |
| of the Revised Code the advances due as a result of changes in the | 11035 |
| use of property, and require boards of county commissioners, | 11036 |
| legislative authorities of municipal corporations, and other | 11037 |
| governing boards of any other public entities to repay the | 11038 |
| commission under division (D) of section 929.03 or division (C) of | 11039 |
| section 1517.052 of the Revised Code; | 11040 |
| (G) Pay into the fund all repayments of moneys advanced from | 11041 |
| the fund and interest paid for delay in repayment of advances made | 11042 |
| from the fund; | 11043 |
| (H) Defer the repayment by a board of county commissioners of | 11044 |
| moneys previously advanced from the fund when a board defers the | 11045 |
| collection of assessments pursuant to division (C) of section | 11046 |
| 6103.052 or division (C) of section 6117.062 of the Revised Code; | 11047 |
| (I) Employ such personnel as are required to administer this | 11048 |
| section. | 11049 |
| Sec. 1531.27. The chief of the division of wildlife shall | 11050 |
| pay to the treasurers of the several counties wherein lands owned | 11051 |
| by
the state and administered by the division are | 11052 |
| an annual amount determined in the following manner: in each such | 11053 |
| county one per cent of the total value of such lands exclusive of | 11054 |
| improvements, as shown on the auditor's records of taxable value | 11055 |
| of real property existing at the time when the state acquired the | 11056 |
|
tract or tracts comprising | 11057 |
| | 11058 |
|
division | 11059 |
|
and | 11060 |
| penalties, and forfeitures deposited into the state treasury to | 11061 |
| the credit of the wildlife fund created in section 1531.17 of the | 11062 |
| Revised Code. The allocation of
amounts to be paid from | 11063 |
| sources shall be determined by the director of natural resources. | 11064 |
| | 11065 |
| shall be credited to the fund for school purposes within the | 11066 |
|
school districts wherein | 11067 |
| Sec. 1533.10. Except as provided in this section or division | 11068 |
| (A) of section 1533.12 of the Revised Code, no person shall hunt | 11069 |
| any wild bird or wild quadruped without a hunting license. Each | 11070 |
| day that any person hunts within the state without procuring such | 11071 |
| a license constitutes a separate offense. Except as otherwise | 11072 |
| provided in this section, every applicant for a hunting license | 11073 |
| who is a resident of the state
and | 11074 |
| or more shall procure a resident hunting license, the fee for | 11075 |
| which shall be eighteen dollars, unless the rules adopted under | 11076 |
| division (B) of section 1533.12 of the Revised Code provide for | 11077 |
| issuance of a resident hunting license to the applicant free of | 11078 |
| charge. Except as provided in rules adopted under division (B)(2) | 11079 |
| of that section, each applicant who is a resident of this state | 11080 |
| and who at the time of application is sixty-six years of age or | 11081 |
| older shall procure a special senior hunting license, the fee for | 11082 |
| which shall be one-half of the regular hunting license fee. Every | 11083 |
| applicant who is under the age of | 11084 |
| procure a special youth hunting license, the fee for which shall | 11085 |
| be one-half of the regular hunting license fee. The owner of lands | 11086 |
| in the state and the owner's children of any age and grandchildren | 11087 |
| under eighteen years of age may hunt on the lands without a | 11088 |
| hunting license. The tenant and children of the tenant, residing | 11089 |
| on lands in the state, may hunt on them without a hunting license. | 11090 |
| Every applicant for a hunting license who is a nonresident of the | 11091 |
| state and who is | 11092 |
| procure a nonresident hunting license, the fee for which shall be | 11093 |
| one hundred twenty-four dollars, unless the applicant is a | 11094 |
| resident of a state that is a party to an agreement under section | 11095 |
| 1533.91 of the Revised Code, in which case the fee shall be | 11096 |
| eighteen dollars. | 11097 |
| The chief of the division of wildlife may issue a small game | 11098 |
| hunting license expiring three days from the effective date of the | 11099 |
| license to a nonresident of the state, the fee for which shall be | 11100 |
| thirty-nine dollars. No person shall take or possess deer, wild | 11101 |
| turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 11102 |
| animal while possessing only a small game hunting license. A small | 11103 |
| game hunting license does not authorize the taking or possessing | 11104 |
| of ducks, geese, or brant without having obtained, in addition to | 11105 |
| the small game hunting license, a wetlands habitat stamp as | 11106 |
| provided in section 1533.112 of the Revised Code. A small game | 11107 |
| hunting license does not authorize the taking or possessing of | 11108 |
| deer, wild turkeys, or fur-bearing animals. A nonresident of the | 11109 |
| state who wishes to take or possess deer, wild turkeys, or | 11110 |
| fur-bearing animals in this state shall procure, respectively, a | 11111 |
| special deer or wild turkey permit as provided in section 1533.11 | 11112 |
| of the Revised Code or a fur taker permit as provided in section | 11113 |
| 1533.111 of the Revised Code in addition to a nonresident hunting | 11114 |
| license or a special youth hunting license, as applicable, as | 11115 |
| provided in this section. | 11116 |
| No person shall procure or attempt to procure a hunting | 11117 |
| license by fraud, deceit, misrepresentation, or any false | 11118 |
| statement. | 11119 |
| This section does not authorize the taking and possessing of | 11120 |
| deer or wild turkeys without first having obtained, in addition to | 11121 |
| the hunting license required by this section, a special deer or | 11122 |
| wild turkey permit as provided in section 1533.11 of the Revised | 11123 |
| Code or the taking and possessing of ducks, geese, or brant | 11124 |
| without first having obtained, in addition to the hunting license | 11125 |
| required by this section, a wetlands habitat stamp as provided in | 11126 |
| section 1533.112 of the Revised Code. | 11127 |
| This section does not authorize the hunting or trapping of | 11128 |
| fur-bearing animals without first having obtained, in addition to | 11129 |
| a hunting license required by this section, a fur taker permit as | 11130 |
| provided in section 1533.111 of the Revised Code. | 11131 |
| No hunting license shall be issued unless it is accompanied | 11132 |
| by a written explanation of the law in section 1533.17 of the | 11133 |
| Revised Code and the penalty for its violation, including a | 11134 |
| description of terms of imprisonment and fines that may be | 11135 |
| imposed. | 11136 |
| No hunting license shall be issued unless the applicant | 11137 |
| presents to the agent authorized to issue the license a previously | 11138 |
| held hunting license or evidence of having held such a license in | 11139 |
| content and manner approved by the chief, a certificate of | 11140 |
| completion issued upon completion of a hunter education and | 11141 |
| conservation course approved by the chief, or evidence of | 11142 |
| equivalent training in content and manner approved by the chief. | 11143 |
| No person shall issue a hunting license to any person who | 11144 |
| fails to present the evidence required by this section. No person | 11145 |
| shall purchase or obtain a hunting license without presenting to | 11146 |
| the issuing agent the evidence required by this section. Issuance | 11147 |
| of a hunting license in violation of the requirements of this | 11148 |
| section is an offense by both the purchaser of the illegally | 11149 |
| obtained hunting license and the clerk or agent who issued the | 11150 |
| hunting license. Any hunting license issued in violation of this | 11151 |
| section is void. | 11152 |
| The chief, with approval of the wildlife council, shall adopt | 11153 |
| rules prescribing a hunter education and conservation course for | 11154 |
| first-time hunting license buyers and for volunteer instructors. | 11155 |
| The course shall consist of subjects including, but not limited | 11156 |
| to, hunter safety and health, use of hunting implements, hunting | 11157 |
| tradition and ethics, the hunter and conservation, the law in | 11158 |
| section 1533.17 of the Revised Code along with the penalty for its | 11159 |
| violation, including a description of terms of imprisonment and | 11160 |
| fines that may be imposed, and other law relating to hunting. | 11161 |
| Authorized personnel of the division or volunteer instructors | 11162 |
| approved by the chief shall conduct such courses with such | 11163 |
| frequency and at such locations throughout the state as to | 11164 |
| reasonably meet the needs of license applicants. The chief shall | 11165 |
| issue a certificate of completion to each person who successfully | 11166 |
| completes the course and passes an examination prescribed by the | 11167 |
| chief. | 11168 |
| Sec. 1533.11. (A) Except as provided in this section, no | 11169 |
| person shall hunt deer on lands of another without first obtaining | 11170 |
| an annual special deer permit. Except as provided in this section, | 11171 |
| no person shall hunt wild turkeys on lands of another without | 11172 |
| first obtaining an annual special wild turkey permit. Each | 11173 |
| applicant for a special deer or wild turkey permit shall pay an | 11174 |
| annual fee of twenty-three dollars for each permit unless the | 11175 |
| rules adopted under division (B) of section 1533.12 of the Revised | 11176 |
| Code provide for issuance of a deer or wild turkey permit to the | 11177 |
| applicant free of charge. Except as provided in rules adopted | 11178 |
| under division (B)(2) of that section, each applicant who is a | 11179 |
| resident of this state and who at the time of application is | 11180 |
| sixty-six years of age or older shall procure a special senior | 11181 |
| deer or wild turkey permit, the fee for which shall be one-half of | 11182 |
| the regular special deer or wild turkey permit fee. Each applicant | 11183 |
| who is under the age of | 11184 |
| special youth deer or wild turkey permit, the fee for which shall | 11185 |
| be one-half of the regular special deer or wild turkey permit fee. | 11186 |
| Except as provided in division (A) of section 1533.12 of the | 11187 |
| Revised Code, a deer or wild turkey permit shall run concurrently | 11188 |
| with the hunting license. The money received shall be paid into | 11189 |
| the state treasury to the credit of the wildlife fund, created in | 11190 |
| section 1531.17 of the Revised Code, exclusively for the use of | 11191 |
| the division of wildlife in the acquisition and development of | 11192 |
| land for deer or wild turkey management, for investigating deer or | 11193 |
| wild turkey problems, and for the stocking, management, and | 11194 |
| protection of deer or wild turkey. Every person, while hunting | 11195 |
| deer or wild turkey on lands of another, shall carry the person's | 11196 |
| special deer or wild turkey permit and exhibit it to any | 11197 |
| enforcement officer so requesting. Failure to so carry and exhibit | 11198 |
| such a permit constitutes an offense under this section. The chief | 11199 |
| of the division of wildlife shall adopt any additional rules the | 11200 |
| chief considers necessary to carry out this section and section | 11201 |
| 1533.10 of the Revised Code. | 11202 |
| The owner and the children of the owner of lands in this | 11203 |
| state may hunt deer or wild turkey thereon without a special deer | 11204 |
| or wild turkey permit. The tenant and children of the tenant may | 11205 |
| hunt deer or wild turkey on lands where they reside without a | 11206 |
| special deer or wild turkey permit. | 11207 |
| (B) A special deer or wild turkey permit is not transferable. | 11208 |
| No person shall carry a special deer or wild turkey permit issued | 11209 |
| in the name of another person. | 11210 |
| (C) The wildlife refunds fund is hereby created in the state | 11211 |
| treasury. The fund shall consist of money received from | 11212 |
| application fees for special deer permits that are not issued. | 11213 |
| Money in the fund shall be used to make refunds of such | 11214 |
| application fees. | 11215 |
| Sec. 1533.111. Except as provided in this section or | 11216 |
| division (A) of section 1533.12 of the Revised Code, no person | 11217 |
| shall hunt or trap fur-bearing animals on land of another without | 11218 |
| first obtaining an annual fur taker permit. Each applicant for a | 11219 |
| fur taker permit shall pay an annual fee of fourteen dollars for | 11220 |
| the permit, except as otherwise provided in this section or unless | 11221 |
| the rules adopted under division (B) of section 1533.12 of the | 11222 |
| Revised Code provide for issuance of a fur taker permit to the | 11223 |
| applicant free of charge. Except as provided in rules adopted | 11224 |
| under division (B)(2) of that section, each applicant who is a | 11225 |
| resident of this state and who at the time of application is | 11226 |
| sixty-six years of age or older shall procure a special senior fur | 11227 |
| taker permit, the fee for which shall be one-half of the regular | 11228 |
| fur taker permit fee. Each applicant | 11229 |
| 11230 | |
| special youth fur taker permit, the fee for which shall be | 11231 |
| one-half of the regular fur taker permit fee. The fur taker permit | 11232 |
| shall run concurrently with the hunting license. The money | 11233 |
| received shall be paid into the state treasury to the credit of | 11234 |
| the fund established in section 1533.15 of the Revised Code. | 11235 |
| No fur taker permit shall be issued unless it is accompanied | 11236 |
| by a written explanation of the law in section 1533.17 of the | 11237 |
| Revised Code and the penalty for its violation, including a | 11238 |
| description of terms of imprisonment and fines that may be | 11239 |
| imposed. | 11240 |
| No fur taker permit shall be issued unless the applicant | 11241 |
| presents to the agent authorized to issue a fur taker permit a | 11242 |
| previously held hunting license or trapping or fur taker permit or | 11243 |
| evidence of having held such a license or permit in content and | 11244 |
| manner approved by the chief of the division of wildlife, a | 11245 |
| certificate of completion issued upon completion of a trapper | 11246 |
| education course approved by the chief, or evidence of equivalent | 11247 |
| training in content and manner approved by the chief. | 11248 |
| No person shall issue a fur taker permit to any person who | 11249 |
| fails to present the evidence required by this section. No person | 11250 |
| shall purchase or obtain a fur taker permit without presenting to | 11251 |
| the issuing agent the evidence required by this section. Issuance | 11252 |
| of a fur taker permit in violation of the requirements of this | 11253 |
| section is an offense by both the purchaser of the illegally | 11254 |
| obtained permit and the clerk or agent who issued the permit. Any | 11255 |
| fur taker permit issued in violation of this section is void. | 11256 |
| The chief, with approval of the wildlife council, shall adopt | 11257 |
| rules prescribing a trapper education course for first-time fur | 11258 |
| taker permit buyers and for volunteer instructors. The course | 11259 |
| shall consist of subjects that include, but are not limited to, | 11260 |
| trapping techniques, animal habits and identification, trapping | 11261 |
| tradition and ethics, the trapper and conservation, the law in | 11262 |
| section 1533.17 of the Revised Code along with the penalty for its | 11263 |
| violation, including a description of terms of imprisonment and | 11264 |
| fines that may be imposed, and other law relating to trapping. | 11265 |
| Authorized personnel of the division of wildlife or volunteer | 11266 |
| instructors approved by the chief shall conduct the courses with | 11267 |
| such frequency and at such locations throughout the state as to | 11268 |
| reasonably meet the needs of permit applicants. The chief shall | 11269 |
| issue a certificate of completion to each person who successfully | 11270 |
| completes the course and passes an examination prescribed by the | 11271 |
| chief. | 11272 |
| Every person, while hunting or trapping fur-bearing animals | 11273 |
| on lands of another, shall carry the person's fur taker permit | 11274 |
| 11275 | |
| signature written | 11276 |
| carry such a signed permit constitutes an offense under this | 11277 |
| section. The chief shall adopt any additional rules the chief | 11278 |
| considers necessary to carry out this section. | 11279 |
| The owner and the children of the owner of lands in this | 11280 |
| state may hunt or trap fur-bearing animals thereon without a fur | 11281 |
| taker permit. The tenant and children of the tenant may hunt or | 11282 |
| trap fur-bearing animals on lands where they reside without a fur | 11283 |
| taker permit. | 11284 |
| A fur taker permit is not transferable. No person shall carry | 11285 |
| a fur taker permit issued in the name of another person. | 11286 |
| A fur taker permit entitles a nonresident to take from this | 11287 |
| state fur-bearing animals taken and possessed by the nonresident | 11288 |
| as provided by law or division rule. | 11289 |
| Sec. 1533.122. (A) Unless otherwise provided by division | 11290 |
| rule, a person who traps, captures, removes, relocates, or | 11291 |
| controls nuisance native or nonnative wildlife shall obtain an | 11292 |
| annual nuisance animal control permit issued by the division of | 11293 |
| wildlife under this section and shall conduct those activities in | 11294 |
| accordance with this section and the rules adopted pursuant to it. | 11295 |
| Unless otherwise provided by those rules, a nuisance animal | 11296 |
| control permit shall expire on the fifteenth day of March of each | 11297 |
| year. Unless otherwise provided by those rules, the fee for such a | 11298 |
| permit shall be one hundred dollars. While engaged in trapping, | 11299 |
| capturing, removal, relocation, or control of nuisance native or | 11300 |
| nonnative wildlife, a person shall carry the person's nuisance | 11301 |
| animal control permit and shall exhibit the permit to any law | 11302 |
| enforcement officer requesting it. | 11303 |
| (B) The chief of the division of wildlife shall adopt rules | 11304 |
| under section 1531.08 of the Revised Code governing the trapping, | 11305 |
| capturing, removal, relocation, and control of nuisance native or | 11306 |
| nonnative wildlife. The rules shall establish procedures for the | 11307 |
| issuance of nuisance animal control permits and for the | 11308 |
| record-keeping that is required under division (C) of this | 11309 |
| section, including procedures for the annual submission of records | 11310 |
| as required under that division. In addition, the rules may | 11311 |
| establish requirements and procedures for the administration of an | 11312 |
| examination prior to the issuance of a permit under this section. | 11313 |
| The rules may require the examination to test knowledge of current | 11314 |
| wildlife rules, animal life history, control methods, and other | 11315 |
| pertinent information. The rules may require that an applicant for | 11316 |
| a nuisance animal control permit pass the examination in order to | 11317 |
| receive a permit under this section and may establish a fee for | 11318 |
| the administration of the test. | 11319 |
| (C) In accordance with rules adopted pursuant to division (B) | 11320 |
| of this section, a person who has been issued a nuisance animal | 11321 |
| control permit and who has engaged in the trapping, capturing, | 11322 |
| removal, relocation, or control of nuisance native or nonnative | 11323 |
| wildlife shall keep accurate, legible, written records of all of | 11324 |
| the following: | 11325 |
| (1) The address of the property and the name of the owner of | 11326 |
| the property where nuisance native or nonnative wildlife have been | 11327 |
| trapped, captured, removed, relocated, or controlled; | 11328 |
| (2) The method used to trap, capture, remove, relocate, or | 11329 |
| control the nuisance native or nonnative wildlife; | 11330 |
| (3) The type and number of species of nuisance native or | 11331 |
| nonnative wildlife trapped, captured, removed, relocated, or | 11332 |
| controlled; | 11333 |
| (4) The disposition of nuisance native or nonnative wildlife | 11334 |
| trapped, captured, removed, relocated, or controlled; | 11335 |
| (5) Any other information required by the chief. | 11336 |
| All records shall be kept on forms provided by the division | 11337 |
| and shall be made available for inspection by a representative of | 11338 |
| the division at reasonable hours. A copy of all such records that | 11339 |
| are kept during the annual term of a nuisance animal control | 11340 |
| permit shall be mailed to the division each year. | 11341 |
| (D) No person shall violate this section or a rule adopted | 11342 |
| pursuant to it. | 11343 |
| Sec. 1533.881. No person shall | 11344 |
| 11345 | |
| without a | 11346 |
| the chief of the division of wildlife | 11347 |
| 11348 | |
| person shall buy, sell, or otherwise convey ginseng for resale or | 11349 |
| export without a ginseng dealer permit issued annually by the | 11350 |
| chief. The annual fee for a resident ginseng collector permit is | 11351 |
| twenty-four dollars. The annual fee for a nonresident ginseng | 11352 |
| collector permit is one hundred twenty-five dollars. The annual | 11353 |
| fee for a ginseng dealer permit is seventy-five dollars. A ginseng | 11354 |
| collector permit is not required if a landowner, or the | 11355 |
| landowner's spouse or child, is harvesting or otherwise collecting | 11356 |
| ginseng on land that is owned by the landowner. | 11357 |
| In addition to any other penalty, the chief may refuse to | 11358 |
| issue a permit to or suspend the permit of any person who fails to | 11359 |
| comply with sections 1533.86 to 1533.90 of the Revised Code or | 11360 |
| rules adopted pursuant to section 1533.88 of the Revised Code. | 11361 |
| Sec. 1533.99. (A) Whoever violates section 1533.17 of the | 11362 |
| Revised Code is guilty of a misdemeanor of the third degree on a | 11363 |
| first offense and a misdemeanor of the second degree on each | 11364 |
| subsequent offense. In addition to any other sanction imposed | 11365 |
| under this division, on a second or subsequent offense occurring | 11366 |
| within a period of three consecutive years after the date of | 11367 |
| conviction of the immediately preceding violation of that section, | 11368 |
| any firearms or other hunting implements in the possession or | 11369 |
| under the control of the offender at the time of the violation are | 11370 |
| subject to seizure in accordance with section 1531.20 of the | 11371 |
| Revised Code. If the offender persists in the offense after | 11372 |
| reasonable warning or request to desist, the offender is guilty of | 11373 |
| a misdemeanor of the second degree. | 11374 |
| (B) Whoever violates section 1533.122, 1533.161, 1533.23, | 11375 |
| 1533.24, 1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, | 11376 |
| 1533.55, 1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, | 11377 |
| 1533.72, 1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, | 11378 |
| 1533.79, or 1533.80, division (F) of section 1533.731, or division | 11379 |
| (B) or (C) of section 1533.97 of the Revised Code is guilty of a | 11380 |
| misdemeanor of the third degree. | 11381 |
| (C) Whoever violates division (B) of section 1533.03, section | 11382 |
| 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42, | 11383 |
| 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721, 1533.881, | 11384 |
| or 1533.882, division (B)(2) or (3) of section 1533.731, or | 11385 |
| division (A) of section 1533.97 of the Revised Code is guilty of a | 11386 |
| misdemeanor of the first degree. | 11387 |
| (D) Whoever violates division (D) of section 1533.97 of the | 11388 |
| Revised Code is guilty of a misdemeanor of the fourth degree. The | 11389 |
| court shall require any person who is convicted of or pleads | 11390 |
| guilty to the offense to refund to all participants in the fishing | 11391 |
| tournament operated by the person any entry fees paid by the | 11392 |
| participants. | 11393 |
| (E) Whoever violates division (C) or (D) of section 1533.632 | 11394 |
| of the Revised Code is guilty of a felony of the fifth degree. | 11395 |
| (F) Whoever violates any section of this chapter for which no | 11396 |
| penalty is otherwise provided is guilty of a misdemeanor of the | 11397 |
| fourth degree. | 11398 |
| (G) A court that imposes sentence for a violation of any | 11399 |
| section of this chapter governing the holding, taking, or | 11400 |
| possession of wild animals shall require the person who is | 11401 |
| convicted of or pleads guilty to the offense, in addition to any | 11402 |
| fine, term of imprisonment, seizure, and forfeiture imposed, to | 11403 |
| make restitution for the minimum value of the wild animal or | 11404 |
| animals illegally held, taken, or possessed as established under | 11405 |
| section 1531.201 of the Revised Code. An officer who collects | 11406 |
| moneys paid as restitution under this section shall pay those | 11407 |
| moneys to the treasurer of state who shall deposit them in the | 11408 |
| state treasury to the credit of the wildlife fund established | 11409 |
| under section 1531.17 of the Revised Code. | 11410 |
| Sec. 1541.03. All lands and waters dedicated and set apart | 11411 |
| for state park purposes shall be under the control and management | 11412 |
| of the division of parks and recreation, which shall protect, | 11413 |
| maintain, and keep them in repair. The division shall have the | 11414 |
| following powers over all such lands and waters: | 11415 |
| (A) To make alterations and improvements; | 11416 |
| (B) To construct and maintain dikes, wharves, landings, | 11417 |
| docks, dams, and other works; | 11418 |
| (C) To construct and maintain roads and drives in, around, | 11419 |
| upon, and to the lands and waters to make them conveniently | 11420 |
| accessible and useful to the public; | 11421 |
| (D) To adopt, amend, and rescind, in accordance with Chapter | 11422 |
| 119. of the Revised Code, rules necessary for the proper | 11423 |
| management of state parks, bodies of water, and the lands adjacent | 11424 |
| to them under its jurisdiction and control, including the | 11425 |
| following: | 11426 |
| (1) Governing opening and closing times and dates of the | 11427 |
| parks; | 11428 |
| (2) Establishing fees and charges for admission to state | 11429 |
| parks and for use of facilities in them; | 11430 |
| (3) Governing camps, camping, and fees for camps and camping; | 11431 |
| (4) Governing the application for and rental of, rental fees | 11432 |
| for, and the use of cabins; | 11433 |
| (5) Relating to public use of state park lands, and governing | 11434 |
| the operation of motor vehicles, including speeds, and parking on | 11435 |
| those lands; | 11436 |
| (6) Governing all advertising within state parks and the | 11437 |
| requirements for the operation of places selling tangible personal | 11438 |
| property and control of food service sales on lands and waters | 11439 |
| under the control of the division, which rules shall establish | 11440 |
| uniform requirements; | 11441 |
| (7) Providing uniform standards relating to the size, type, | 11442 |
| location, construction, and maintenance of structures and devices | 11443 |
| used for fishing or moorage of watercraft, rowboats, sailboats, | 11444 |
| and powercraft, as those terms are defined in section 1547.01 of | 11445 |
| the Revised Code, over waters under the control of the division | 11446 |
| and establishing reasonable fees for the construction of and | 11447 |
| annual use permits for those structures and devices; | 11448 |
| (8) Governing state beaches, swimming, inflatable devices, | 11449 |
| and fees for them; | 11450 |
| (9) Governing the removal and disposition of any watercraft, | 11451 |
| rowboat, sailboat, or powercraft, as those terms are defined in | 11452 |
| section 1547.01 of the Revised Code, left unattended for more than | 11453 |
| seven days on any lands or waters under the control of the | 11454 |
| division; | 11455 |
| (10) Governing the establishment and collection of check | 11456 |
| collection charges for checks that are returned to the division or | 11457 |
| dishonored for any reason. | 11458 |
| The division shall adopt rules under this section | 11459 |
| establishing a discount program for all persons who are issued a | 11460 |
| golden buckeye card under section 173.06 of the Revised Code. The | 11461 |
| discount program shall provide a discount for all park services | 11462 |
| and rentals, but shall not provide a discount for the purchase of | 11463 |
| merchandise. | 11464 |
| Notwithstanding any provision of the Revised Code to the | 11465 |
| contrary, a waiver, discount, or reduction in the fee for a state | 11466 |
| park parking permit issued pursuant to rules adopted under this | 11467 |
| section shall not be available unless otherwise provided by | 11468 |
| division rule. | 11469 |
| A fee to purchase a state park parking permit shall not be | 11470 |
| considered an admission fee or a fee or consideration paid to the | 11471 |
| owner, lessee, or occupant of the premises for purposes of | 11472 |
| division (B) of section 1533.18 of the Revised Code. | 11473 |
| Every resident of this state with a disability that has been | 11474 |
| determined by the veterans administration to be permanently and | 11475 |
| totally disabling, who receives a pension or compensation from the | 11476 |
| veterans administration, and who received an honorable discharge | 11477 |
| from the armed forces of the United States, and every veteran to | 11478 |
| whom the registrar of motor vehicles has issued a set of license | 11479 |
| plates under section 4503.41 of the Revised Code, shall be exempt | 11480 |
| from the fees for camping, provided that the resident or veteran | 11481 |
| carries in the state park such evidence of the resident's or | 11482 |
| veteran's disability as the chief of the division of parks and | 11483 |
| recreation prescribes by rule. | 11484 |
| | 11485 |
| resident of this state who is sixty-five years of age or older or | 11486 |
| who is permanently and totally disabled and who furnishes evidence | 11487 |
| of that age or disability in a manner prescribed by division rule | 11488 |
| shall be charged one-half of the regular fee for camping, except | 11489 |
| on the weekends and
holidays designated by the division | 11490 |
| 11491 | |
| regular charges for state recreational facilities, equipment, | 11492 |
| services, and food service operations utilized by the person at | 11493 |
| any time of year, whether maintained or operated by the state or | 11494 |
| leased for operation by another entity. | 11495 |
| As used in this section, "food service operations" means | 11496 |
| restaurants that are owned by the department of natural resources | 11497 |
| at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 11498 |
| parks or are part of a state park lodge. "Food service operations" | 11499 |
| does not include automatic vending machines, concession stands, or | 11500 |
| snack bars. | 11501 |
| As used in this section, "prisoner of war" means any | 11502 |
| regularly appointed, enrolled, enlisted, or inducted member of the | 11503 |
| military forces of the United States who was captured, separated, | 11504 |
| and incarcerated by an enemy of the United States. Any person who | 11505 |
| has been a prisoner of war, was honorably discharged from the | 11506 |
| military forces, and is a resident of this state is exempt from | 11507 |
| the fees for camping. To claim this exemption, the person shall | 11508 |
| present written evidence in the form of a record of separation, a | 11509 |
| letter from one of the military forces of the United States, or | 11510 |
| such other evidence as the chief prescribes by rule that satisfies | 11511 |
| the eligibility criteria established by this section. | 11512 |
| Sec. 1547.721. (A) As used in sections 1547.721 to 1547.726 | 11513 |
| of the Revised Code: | 11514 |
| (1) "Eligible project" means a project that involves the | 11515 |
| acquisition, construction, establishment, reconstruction, | 11516 |
| rehabilitation, renovation, enlargement, improvement, equipping, | 11517 |
| furnishing, or development of either of the following: | 11518 |
| (a) Marine recreational facilities; | 11519 |
| (b) Refuge harbors and other projects for the harboring, | 11520 |
| mooring, docking, launching, and storing of light draft vessels. | 11521 |
| (2) "Marine recreational facilities," "refuge harbors," | 11522 |
| "light draft vessels," and "allowable costs" have the meanings | 11523 |
| established in rules adopted under section 1547.723 of the Revised | 11524 |
| Code. | 11525 |
| (3) "Revolving loan program" means the loan program | 11526 |
| established under sections 1547.721 to 1547.726 of the Revised | 11527 |
| Code. | 11528 |
| (4) "State agency" has the same meaning as in section 9.66 of | 11529 |
| the Revised Code. | 11530 |
| Sec. 1547.722. There is hereby created in the state treasury | 11531 |
| the watercraft revolving loan fund consisting of money | 11532 |
| appropriated or transferred to it, money received and credited to | 11533 |
| the fund under section 1547.726 of the Revised Code, and any | 11534 |
| grants, gifts, or contributions of moneys received for deposit to | 11535 |
| the credit of the fund. | 11536 |
| The director of natural resources shall use money in the | 11537 |
| watercraft revolving loan fund for the purpose of making loans | 11538 |
| under section 1547.724 of the Revised Code for eligible projects | 11539 |
| and taking actions under sections 1547.721 to 1547.726 of the | 11540 |
| Revised Code necessary to fulfill that purpose. The director may | 11541 |
| establish separate accounts in the fund for particular projects or | 11542 |
| otherwise. Income from the investment of money in the fund shall | 11543 |
| be credited to the fund, and, if the director so requires, to | 11544 |
| particular accounts in the fund. | 11545 |
| Sec. 1547.723. (A) The director of natural resources shall | 11546 |
| adopt rules under Chapter 119. of the Revised Code that the | 11547 |
| director determines to be necessary for the implementation of the | 11548 |
| revolving loan program. The rules shall include a definition of | 11549 |
| what constitutes "allowable costs" of an eligible project for | 11550 |
| purposes of those sections together with a definition of "marine | 11551 |
| recreational facilities," "refuge harbors," and "light draft | 11552 |
| vessels," respectively. | 11553 |
| (B) The director may delegate any of the director's duties or | 11554 |
| responsibilities under sections 1547.721 to 1547.726 of the | 11555 |
| Revised Code to the chief of the division of watercraft. | 11556 |
| Sec. 1547.724. (A) With the approval of the controlling | 11557 |
| board, and subject to the other applicable provisions of sections | 11558 |
| 1547.721 to 1547.726 of the Revised Code, the director of natural | 11559 |
| resources may lend moneys in the watercraft revolving loan fund to | 11560 |
| public or private entities for the purpose of paying the allowable | 11561 |
| costs of an eligible project. Loans shall be made under this | 11562 |
| division only if the director determines that all of the following | 11563 |
| apply: | 11564 |
| (1) The project is an eligible project and is economically | 11565 |
| sound; | 11566 |
| (2) The borrower is unable to finance the necessary allowable | 11567 |
| costs through ordinary financial channels upon comparable terms; | 11568 |
| (3) The repayment of the loan will be adequately secured by a | 11569 |
| mortgage, lien, assignment, or pledge at a level of priority as | 11570 |
| the director may require; | 11571 |
| (4) The amount of the loan does not exceed ninety per cent of | 11572 |
| the total cost of the project. | 11573 |
| (B) The determinations of the director under division (A) of | 11574 |
| this section shall be conclusive for purposes of the validity of a | 11575 |
| loan commitment evidenced by a loan agreement signed by the | 11576 |
| director. Further, the director's determinations that a project | 11577 |
| constitutes an eligible project and that the costs of such a | 11578 |
| project are allowable costs, together with all other | 11579 |
| determinations relevant to the project or to an action taken or | 11580 |
| agreement entered into under sections 1547.721 to 1547.726 of the | 11581 |
| Revised Code shall be conclusive for purposes of the validity and | 11582 |
| enforceability of rights of parties arising from actions taken and | 11583 |
| agreements entered into under those sections. | 11584 |
| (C) The director may take any actions necessary or | 11585 |
| appropriate with respect to a loan made under this section, | 11586 |
| including facilitating the collection of amounts due on a loan. | 11587 |
| Sec. 1547.725. For purposes of the revolving loan program, | 11588 |
| the director of natural resources may do any of the following: | 11589 |
| (A) Establish fees, charges, rates of interest, times of | 11590 |
| payment of interest and principal, and other terms, conditions, | 11591 |
| and provisions of and security for loans made from the watercraft | 11592 |
| revolving loan fund that the director determines to be appropriate | 11593 |
| and in furtherance of the purpose for which the loans are made; | 11594 |
| (B) Retain the services of or employ financial consultants, | 11595 |
| appraisers, consulting engineers, superintendents, managers, | 11596 |
| construction and accounting experts, attorneys, and employees, | 11597 |
| agents, and independent contractors that the director determines | 11598 |
| to be necessary and fix the compensation for their services; | 11599 |
| (C) Receive and accept from any person grants, gifts, | 11600 |
| contributions of money, property, labor, and other things of value | 11601 |
| to be held, used, and applied only for the purpose for which such | 11602 |
| grants, gifts, and contributions are made; | 11603 |
| (D) Enter into appropriate agreements with other governmental | 11604 |
| entities to provide for all of the following: | 11605 |
| (1) Payment of allowable costs related to the development of | 11606 |
| eligible projects for which loans have been made from the | 11607 |
| watercraft revolving loan fund; | 11608 |
| (2) Any governmental action a governmental entity is | 11609 |
| authorized to take, including undertaking on behalf and at the | 11610 |
| request of the director any action that the director is authorized | 11611 |
| to undertake pursuant to sections 1547.721 to 1547.725 of the | 11612 |
| Revised Code; | 11613 |
| (3) The operation of facilities associated with eligible | 11614 |
| projects. | 11615 |
| All state agencies shall cooperate with and provide | 11616 |
| assistance to the director as is necessary for the administration | 11617 |
| of sections 1547.721 to 1547.726 of the Revised Code. | 11618 |
| Sec. 1547.726. All money received by the state from the | 11619 |
| repayment of loans made from the watercraft revolving loan fund, | 11620 |
| including interest, fees, and charges associated with such loans, | 11621 |
| shall be deposited to the credit of the watercraft revolving loan | 11622 |
| fund. | 11623 |
| Sec. 1548.06. (A)(1) Application for a certificate of title | 11624 |
| for a watercraft or outboard motor shall be made upon a form | 11625 |
| prescribed by the chief of the division of watercraft and shall be | 11626 |
| sworn to before a notary public or other officer empowered to | 11627 |
| administer oaths. The application shall be filed with the clerk of | 11628 |
| any court of common pleas. An application for a certificate of | 11629 |
| title may be filed electronically by any electronic means approved | 11630 |
| by the chief in any county with the clerk of the court of common | 11631 |
| pleas of that county. The application shall be accompanied by the | 11632 |
| fee prescribed in section 1548.10 of the Revised Code. The fee | 11633 |
| shall be retained by the clerk who issues the certificate of title | 11634 |
| and shall be distributed in accordance with that section. If a | 11635 |
| clerk of a court of common pleas, other than the clerk of the | 11636 |
| court of common pleas of an applicant's county of residence, | 11637 |
| issues a certificate of title to the applicant, the clerk shall | 11638 |
| transmit data related to the transaction to the automated title | 11639 |
| processing system. | 11640 |
| (2) If a certificate of title previously has been issued for | 11641 |
| the watercraft or outboard motor, the application for a | 11642 |
| certificate of title also shall be accompanied by the certificate | 11643 |
| of title duly assigned unless otherwise provided in this chapter. | 11644 |
| If a certificate of title previously has not been issued for the | 11645 |
| watercraft or outboard motor in this state, the application, | 11646 |
| unless otherwise provided in this chapter, shall be accompanied by | 11647 |
| a manufacturer's or importer's certificate; by a sworn statement | 11648 |
| of ownership if the watercraft or outboard motor was purchased by | 11649 |
| the applicant on or before October 9, 1963, or if the watercraft | 11650 |
| is less than fourteen feet long with a permanently affixed | 11651 |
| mechanical means of propulsion and was purchased by the applicant | 11652 |
| on or before January 1, 2000; or by a certificate of title, bill | 11653 |
| of sale, or other evidence of ownership required by the law of | 11654 |
| another state from which the watercraft or outboard motor was | 11655 |
| brought into this state. Evidence of ownership of a watercraft or | 11656 |
| outboard motor for which an Ohio certificate of title previously | 11657 |
| has not been issued and which watercraft or outboard motor does | 11658 |
| not have permanently affixed to it a manufacturer's serial number | 11659 |
| shall be accompanied by the certificate of assignment of a hull | 11660 |
| identification number assigned by the chief as provided in section | 11661 |
| 1548.07 of the Revised Code. | 11662 |
| (3) The clerk shall retain the evidence of title presented by | 11663 |
| the applicant and on which the certificate of title is issued, | 11664 |
| except that, if an application for a certificate of title is filed | 11665 |
| electronically, by a vendor on behalf of a purchaser of a | 11666 |
| watercraft or outboard motor, the clerk shall retain the completed | 11667 |
| electronic record to which the vendor converted the certificate of | 11668 |
| title application and other required documents. The chief, after | 11669 |
| consultation with the attorney general, shall adopt rules that | 11670 |
| govern the location at which, and the manner in which, are stored | 11671 |
| the actual application and all other documents relating to the | 11672 |
| sale of a watercraft or outboard motor when a vendor files the | 11673 |
| application for a certificate of title electronically on behalf of | 11674 |
| a purchaser. | 11675 |
| (B) The clerk shall use reasonable diligence in ascertaining | 11676 |
| whether the facts in the application are true by checking the | 11677 |
| application and documents accompanying it or the electronic record | 11678 |
| to which a vendor converted the application and accompanying | 11679 |
| documents with the records of watercraft and outboard motors in | 11680 |
| the clerk's office. If the clerk is satisfied that the applicant | 11681 |
| is the owner of the watercraft or outboard motor and that the | 11682 |
| application is in the proper form, the clerk shall issue a | 11683 |
| physical certificate of title over the clerk's signature and | 11684 |
| sealed with the clerk's seal unless the applicant specifically | 11685 |
| requests the clerk not to issue a physical certificate of title | 11686 |
| and instead to issue an electronic certificate of title. However, | 11687 |
| if the evidence indicates and an investigation shows that one or | 11688 |
| more Ohio titles already exist for the watercraft or outboard | 11689 |
| motor, the chief may cause the redundant title or titles to be | 11690 |
| canceled. | 11691 |
| (C) In the case of the sale of a watercraft or outboard motor | 11692 |
| by a vendor to a general purchaser or user, the certificate of | 11693 |
| title shall be obtained in the name of the purchaser by the vendor | 11694 |
| upon application signed by the purchaser. In all other cases, the | 11695 |
| certificate shall be obtained by the purchaser. In all cases of | 11696 |
| transfer of watercraft or outboard motors, the application for | 11697 |
| certificate of title shall be filed within thirty days after the | 11698 |
| later of the date of purchase or assignment of ownership of the | 11699 |
| watercraft or outboard motor. If the application for certificate | 11700 |
| of title is not filed within thirty days after the later of the | 11701 |
| date of purchase or assignment of ownership of the watercraft or | 11702 |
| outboard motor, the clerk shall charge a late penalty fee of five | 11703 |
| dollars in addition to the fee prescribed by section 1548.10 of | 11704 |
| the Revised Code. The clerk shall retain the entire amount of each | 11705 |
| late penalty fee. | 11706 |
| (D) The clerk shall refuse to accept an application for | 11707 |
| certificate of title unless the applicant either tenders with the | 11708 |
| application payment of all taxes levied by or pursuant to Chapter | 11709 |
| 5739. or 5741. of the Revised Code based on the applicant's county | 11710 |
| of residence less, in the case of a sale by a vendor, any discount | 11711 |
| to which the vendor is entitled under section 5739.12 of the | 11712 |
| Revised Code, or submits any of the following: | 11713 |
| | 11714 |
| courts showing payment of the tax; | 11715 |
| | 11716 |
| by the purchaser at the time of sale as provided in section | 11717 |
| 5739.03 of the Revised Code; | 11718 |
| | 11719 |
| tax commissioner, that specifies why the purchase is not subject | 11720 |
| to the tax imposed by Chapter 5739. or 5741. of the Revised Code. | 11721 |
| Payment of the tax shall be in accordance with rules issued | 11722 |
| by the tax commissioner, and the clerk shall issue a receipt in | 11723 |
| the form prescribed by the tax commissioner to any applicant who | 11724 |
| tenders payment of the tax with the application for the | 11725 |
| certificate of title. | 11726 |
| (E)(1) For receiving and disbursing the taxes paid to the | 11727 |
| clerk by a resident of the clerk's county, the clerk may retain a | 11728 |
| poundage fee of one and one one-hundredth per cent of the taxes | 11729 |
| collected, which shall be paid into the certificate of title | 11730 |
| administration fund created by section 325.33 of the Revised Code. | 11731 |
| The clerk shall not retain a poundage fee from payments of taxes | 11732 |
| by persons who do not reside in the clerk's county. | 11733 |
| (2) A clerk, however, may retain from the taxes paid to the | 11734 |
| clerk an amount equal to the poundage fees associated with | 11735 |
| certificates of title issued by other clerks of courts of common | 11736 |
| pleas to applicants who reside in the first clerk's county. The | 11737 |
| chief of the division of watercraft, in consultation with the tax | 11738 |
| commissioner and the clerks of the courts of common pleas, shall | 11739 |
| develop a report from the automated title processing system that | 11740 |
| informs each clerk of the amount of the poundage fees that the | 11741 |
| clerk is permitted to retain from those taxes because of | 11742 |
| certificates of title issued by the clerks of other counties to | 11743 |
| applicants who reside in the first clerk's county. | 11744 |
| (F) In the case of casual sales of watercraft or outboard | 11745 |
| motors that are subject to the tax imposed by Chapter 5739. or | 11746 |
| 5741. of the Revised Code, the purchase price for the purpose of | 11747 |
| determining the tax shall be the purchase price on an affidavit | 11748 |
| executed and filed with the clerk by the vendor on a form to be | 11749 |
| prescribed by the chief, which shall be prima-facie evidence of | 11750 |
| the price for the determination of the tax. In addition to the | 11751 |
| information required by section 1548.08 of the Revised Code, each | 11752 |
| certificate of title shall contain in bold lettering the following | 11753 |
| notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE | 11754 |
| (SELLER AND BUYER). You are required by law to state the true | 11755 |
| selling price. A false statement is a violation of section 2921.13 | 11756 |
| of the Revised Code and is punishable by six months imprisonment | 11757 |
| or a fine of up to one thousand dollars, or both. All transfers | 11758 |
| are audited by the department of taxation. The seller and buyer | 11759 |
| must provide any information requested by the department of | 11760 |
| taxation. The buyer may be assessed any additional tax found to be | 11761 |
| due." | 11762 |
| | 11763 |
| 11764 | |
| 11765 | |
| 11766 | |
| clerk of courts shall forward to the treasurer of state all sales | 11767 |
| and use tax collections resulting from sales of titled watercraft | 11768 |
| and outboard motors during a calendar week on or before the Friday | 11769 |
| following the close of that week. If, on any Friday, the offices | 11770 |
| of the clerk of courts or the state are not open for business, the | 11771 |
| tax shall be forwarded to the treasurer of state on or before the | 11772 |
| next day on which the offices are open. Every remittance of tax | 11773 |
| under this division shall be accompanied by a remittance report in | 11774 |
| such form as the tax commissioner prescribes. Upon receipt of a | 11775 |
| tax remittance and remittance report, the treasurer of state shall | 11776 |
| date stamp the report and forward it to the tax commissioner. If | 11777 |
| the tax due for any week is not remitted by a clerk of courts as | 11778 |
| required under this division, the clerk shall forfeit the poundage | 11779 |
| fees for the sales made during that week. The treasurer of state | 11780 |
| may require the clerks of courts to transmit tax collections and | 11781 |
| remittance reports electronically. | 11782 |
| (H) For purposes of a transfer of a certificate of title, if | 11783 |
| the clerk is satisfied that a secured party has discharged a lien | 11784 |
| but has not canceled the lien notation with a clerk, the clerk may | 11785 |
| cancel the lien notation on the automated title processing system | 11786 |
| and notify the clerk of the county of origin. | 11787 |
| (I) Every clerk shall have the capability to transact by | 11788 |
| electronic means all procedures and transactions relating to the | 11789 |
| issuance of watercraft or outboard motor certificates of title | 11790 |
| that are described in the Revised Code as being accomplished by | 11791 |
| electronic means. | 11792 |
| Sec. 1713.03. The Ohio board of regents shall establish | 11793 |
| standards for certificates of authorization to be issued to | 11794 |
| institutions as defined in section 1713.01 of the Revised Code, to | 11795 |
| private institutions exempt from regulation under Chapter 3332. of | 11796 |
| the Revised Code as prescribed in section 3333.046 of the Revised | 11797 |
| Code, and to schools holding certificates of registration issued | 11798 |
| by the state board of career colleges and schools pursuant to | 11799 |
| division (C) of section 3332.05 of the Revised Code. A certificate | 11800 |
| of authorization may permit an institution or school to award one | 11801 |
| or more types of degrees. | 11802 |
| The standards for a certificate of authorization may include, | 11803 |
| for various types of institutions, schools, or degrees, minimum | 11804 |
| qualifications for faculty, library, laboratories, and other | 11805 |
| facilities as adopted and published by the Ohio board of regents. | 11806 |
| The standards shall be adopted by the board pursuant to Chapter | 11807 |
| 119. of the Revised Code. | 11808 |
| An institution or school shall apply to the board for a | 11809 |
| certificate of authorization on forms containing such information | 11810 |
| as is prescribed by the board. Each institution or school with a | 11811 |
| certificate of authorization shall file an annual report with the | 11812 |
| board in such form and containing such information as the board | 11813 |
| prescribes. | 11814 |
| The board shall adopt a rule under Chapter 119. of the | 11815 |
| Revised Code establishing fees to pay the cost of reviewing an | 11816 |
| application for a certificate of authorization, which the | 11817 |
| institution or school shall pay when it applies for a certificate | 11818 |
| of authorization, and establishing fees, which an institution or | 11819 |
| school shall pay, for any further reviews the board determines | 11820 |
| necessary upon examining an institution's or school's annual | 11821 |
| report. | 11822 |
| Sec. 1901.26. (A) Subject to division (E) of this section, | 11823 |
| costs in a municipal court shall be fixed and taxed as follows: | 11824 |
| (1) The municipal court shall require an advance deposit for | 11825 |
| the filing of any new civil action or proceeding when required by | 11826 |
| division (A)(9) of this section, and in all other cases, by rule, | 11827 |
| shall establish a schedule of fees and costs to be taxed in any | 11828 |
| civil or criminal action or proceeding. | 11829 |
| (2) The municipal court, by rule, may require an advance | 11830 |
| deposit for the filing of any civil action or proceeding and | 11831 |
| publication fees as provided in section 2701.09 of the Revised | 11832 |
| Code. The court may waive the requirement for advance deposit upon | 11833 |
| affidavit or other evidence that a party is unable to make the | 11834 |
| required deposit. | 11835 |
| (3) When a jury trial is demanded in any civil action or | 11836 |
| proceeding, the party making the demand may be required to make an | 11837 |
| advance deposit as fixed by rule of court, unless, upon affidavit | 11838 |
| or other evidence, the court concludes that the party is unable to | 11839 |
| make the required deposit. If a jury is called, the fees of a jury | 11840 |
| shall be taxed as costs. | 11841 |
| (4) In any civil or criminal action or proceeding, witnesses' | 11842 |
| fees shall be fixed in accordance with sections 2335.06 and | 11843 |
| 2335.08 of the Revised Code. | 11844 |
| (5) A reasonable charge for driving, towing, carting, | 11845 |
| storing, keeping, and preserving motor vehicles and other personal | 11846 |
| property recovered or seized in any proceeding may be taxed as | 11847 |
| part of the costs in a trial of the cause, in an amount that shall | 11848 |
| be fixed by rule of court. | 11849 |
| (6) Chattel property seized under any writ or process issued | 11850 |
| by the court shall be preserved pending final disposition for the | 11851 |
| benefit of all persons interested and may be placed in storage | 11852 |
| when necessary or proper for that preservation. The custodian of | 11853 |
| any chattel property so stored shall not be required to part with | 11854 |
| the possession of the property until a reasonable charge, to be | 11855 |
| fixed by the court, is paid. | 11856 |
| (7) The municipal court, as it determines, may refund all | 11857 |
| deposits and advance payments of fees and costs, including those | 11858 |
| for jurors and summoning jurors, when they have been paid by the | 11859 |
| losing party. | 11860 |
| (8) Charges for the publication of legal notices required by | 11861 |
| statute or order of court may be taxed as part of the costs, as | 11862 |
| provided by section 7.13 of the Revised Code. | 11863 |
| (B)(1) The municipal court may determine that, for the | 11864 |
| efficient operation of the court, additional funds are necessary | 11865 |
| to acquire and pay for special projects of the court including, | 11866 |
| but not limited to, the acquisition of additional facilities or | 11867 |
| the rehabilitation of existing facilities, the acquisition of | 11868 |
| equipment, the hiring and training of staff, community service | 11869 |
| programs, mediation or dispute resolution services, the employment | 11870 |
| of magistrates, the training and education of judges, acting | 11871 |
| judges, and magistrates, and other related services. Upon that | 11872 |
| determination, the court by rule may charge a fee, in addition to | 11873 |
| all other court costs, on the filing of each criminal cause, civil | 11874 |
| action or proceeding, or judgment by confession. | 11875 |
| If the municipal court offers a special program or service in | 11876 |
| cases of a specific type, the municipal court by rule may assess | 11877 |
| an additional charge in a case of that type, over and above court | 11878 |
| costs, to cover the special program or service. The municipal | 11879 |
| court shall adjust the special assessment periodically, but not | 11880 |
| retroactively, so that the amount assessed in those cases does not | 11881 |
| exceed the actual cost of providing the service or program. | 11882 |
| All moneys collected under division (B) of this section shall | 11883 |
| be paid to the county treasurer if the court is a county-operated | 11884 |
| municipal court or to the city treasurer if the court is not a | 11885 |
| county-operated municipal court for deposit into either a general | 11886 |
| special projects fund or a fund established for a specific special | 11887 |
| project. Moneys from a fund of that nature shall be disbursed upon | 11888 |
| an order of the court in an amount no greater than the actual cost | 11889 |
| to the court of a project. If a specific fund is terminated | 11890 |
| because of the discontinuance of a program or service established | 11891 |
| under division (B) of this section, the municipal court may order | 11892 |
| that moneys remaining in the fund be transferred to an account | 11893 |
| established under this division for a similar purpose. | 11894 |
| (2) As used in division (B) of this section: | 11895 |
| (a) "Criminal cause" means a charge alleging the violation of | 11896 |
| a statute or ordinance, or subsection of a statute or ordinance, | 11897 |
| that requires a separate finding of fact or a separate plea before | 11898 |
| disposition and of which the defendant may be found guilty, | 11899 |
| whether filed as part of a multiple charge on a single summons, | 11900 |
| citation, or complaint or as a separate charge on a single | 11901 |
| summons, citation, or complaint. "Criminal cause" does not include | 11902 |
| separate violations of the same statute or ordinance, or | 11903 |
| subsection of the same statute or ordinance, unless each charge is | 11904 |
| filed on a separate summons, citation, or complaint. | 11905 |
| (b) "Civil action or proceeding" means any civil litigation | 11906 |
| that must be determined by judgment entry. | 11907 |
| (C) The municipal court shall collect in all its divisions | 11908 |
|
except the small claims
division the
sum of | 11909 |
| dollars as additional filing fees in each new civil action or | 11910 |
| proceeding for the charitable public purpose of providing | 11911 |
| financial assistance to legal aid societies that operate within | 11912 |
| the state. The municipal court shall collect in its small claims | 11913 |
| division
the sum of | 11914 |
| each new civil action or proceeding for the charitable public | 11915 |
| purpose of providing financial assistance to legal aid societies | 11916 |
| that operate within the state. This division does not apply to any | 11917 |
| execution on a judgment, proceeding in aid of execution, or other | 11918 |
| post-judgment proceeding arising out of a civil action. The filing | 11919 |
| fees required to be collected under this division shall be in | 11920 |
| addition to any other court costs imposed in the action or | 11921 |
| proceeding and shall be collected at the time of the filing of the | 11922 |
| action or proceeding. The court shall not waive the payment of the | 11923 |
| additional filing fees in a new civil action or proceeding unless | 11924 |
| the court waives the advanced payment of all filing fees in the | 11925 |
| action or proceeding. All such moneys collected during a month | 11926 |
| shall be transmitted on or before
the
| 11927 |
| of | 11928 |
| treasurer of state in a manner prescribed by the treasurer of | 11929 |
| state or by the Ohio legal assistance foundation. The moneys then | 11930 |
| shall be deposited by the treasurer of state to the credit of the | 11931 |
| legal aid fund established under section 120.52 of the Revised | 11932 |
| Code. | 11933 |
| The court may retain up to one per cent of the moneys it | 11934 |
| collects under this division to cover administrative costs, | 11935 |
| including the hiring of any additional personnel necessary to | 11936 |
| implement this division. | 11937 |
| (D) In the Cleveland municipal court, reasonable charges for | 11938 |
| investigating titles of real estate to be sold or disposed of | 11939 |
| under any writ or process of the court may be taxed as part of the | 11940 |
| costs. | 11941 |
| (E) Under the circumstances described in sections 2969.21 to | 11942 |
| 2969.27 of the Revised Code, the clerk of the municipal court | 11943 |
| shall charge the fees and perform the other duties specified in | 11944 |
| those sections. | 11945 |
| Sec. 1907.24. (A) Subject to division (C) of this section, a | 11946 |
| county court shall fix and tax fees and costs as follows: | 11947 |
| (1) The county court shall require an advance deposit for the | 11948 |
| filing of any new civil action or proceeding when required by | 11949 |
| division (C) of this section and, in all other cases, shall | 11950 |
| establish a schedule of fees and costs to be taxed in any civil or | 11951 |
| criminal action or proceeding. | 11952 |
| (2) The county court by rule may require an advance deposit | 11953 |
| for the filing of a civil action or proceeding and publication | 11954 |
| fees as provided in section 2701.09 of the Revised Code. The court | 11955 |
| may waive an advance deposit requirement upon the presentation of | 11956 |
| an affidavit or other evidence that establishes that a party is | 11957 |
| unable to make the requisite deposit. | 11958 |
| (3) When a party demands a jury trial in a civil action or | 11959 |
| proceeding, the county court may require the party to make an | 11960 |
| advance deposit as fixed by rule of court, unless the court | 11961 |
| concludes, on the basis of an affidavit or other evidence | 11962 |
| presented by the party, that the party is unable to make the | 11963 |
| requisite deposit. If a jury is called, the county court shall tax | 11964 |
| the fees of a jury as costs. | 11965 |
| (4) In a civil or criminal action or proceeding, the county | 11966 |
| court shall fix the fees of witnesses in accordance with sections | 11967 |
| 2335.06 and 2335.08 of the Revised Code. | 11968 |
| (5) A county court may tax as part of the costs in a trial of | 11969 |
| the cause, in an amount fixed by rule of court, a reasonable | 11970 |
| charge for driving, towing, carting, storing, keeping, and | 11971 |
| preserving motor vehicles and other personal property recovered or | 11972 |
| seized in a proceeding. | 11973 |
| (6) The court shall preserve chattel property seized under a | 11974 |
| writ or process issued by the court pending final disposition for | 11975 |
| the benefit of all interested persons. The court may place the | 11976 |
| chattel property in storage when necessary or proper for its | 11977 |
| preservation. The custodian of chattel property so stored shall | 11978 |
| not be required to part with the possession of the property until | 11979 |
| a reasonable charge, to be fixed by the court, is paid. | 11980 |
| (7) The county court, as it determines, may refund all | 11981 |
| deposits and advance payments of fees and costs, including those | 11982 |
| for jurors and summoning jurors, when they have been paid by the | 11983 |
| losing party. | 11984 |
| (8) The court may tax as part of costs charges for the | 11985 |
| publication of legal notices required by statute or order of | 11986 |
| court, as provided by section 7.13 of the Revised Code. | 11987 |
| (B)(1) The county court may determine that, for the efficient | 11988 |
| operation of the court, additional funds are necessary to acquire | 11989 |
| and pay for special projects of the court including, but not | 11990 |
| limited to, the acquisition of additional facilities or the | 11991 |
| rehabilitation of existing facilities, the acquisition of | 11992 |
| equipment, the hiring and training of staff, community service | 11993 |
| programs, mediation or dispute resolution services, the employment | 11994 |
| of magistrates, the training and education of judges, acting | 11995 |
| judges, and magistrates, and other related services. Upon that | 11996 |
| determination, the court by rule may charge a fee, in addition to | 11997 |
| all other court costs, on the filing of each criminal cause, civil | 11998 |
| action or proceeding, or judgment by confession. | 11999 |
| If the county court offers a special program or service in | 12000 |
| cases of a specific type, the county court by rule may assess an | 12001 |
| additional charge in a case of that type, over and above court | 12002 |
| costs, to cover the special program or service. The county court | 12003 |
| shall adjust the special assessment periodically, but not | 12004 |
| retroactively, so that the amount assessed in those cases does not | 12005 |
| exceed the actual cost of providing the service or program. | 12006 |
| All moneys collected under division (B) of this section shall | 12007 |
| be paid to the county treasurer for deposit into either a general | 12008 |
| special projects fund or a fund established for a specific special | 12009 |
| project. Moneys from a fund of that nature shall be disbursed upon | 12010 |
| an order of the court in an amount no greater than the actual cost | 12011 |
| to the court of a project. If a specific fund is terminated | 12012 |
| because of the discontinuance of a program or service established | 12013 |
| under division (B) of this section, the county court may order | 12014 |
| that moneys remaining in the fund be transferred to an account | 12015 |
| established under this division for a similar purpose. | 12016 |
| (2) As used in division (B) of this section: | 12017 |
| (a) "Criminal cause" means a charge alleging the violation of | 12018 |
| a statute or ordinance, or subsection of a statute or ordinance, | 12019 |
| that requires a separate finding of fact or a separate plea before | 12020 |
| disposition and of which the defendant may be found guilty, | 12021 |
| whether filed as part of a multiple charge on a single summons, | 12022 |
| citation, or complaint or as a separate charge on a single | 12023 |
| summons, citation, or complaint. "Criminal cause" does not include | 12024 |
| separate violations of the same statute or ordinance, or | 12025 |
| subsection of the same statute or ordinance, unless each charge is | 12026 |
| filed on a separate summons, citation, or complaint. | 12027 |
| (b) "Civil action or proceeding" means any civil litigation | 12028 |
| that must be determined by judgment entry. | 12029 |
| (C) Subject to division (E) of this section, the county court | 12030 |
| shall collect in all its divisions except the small claims | 12031 |
|
division the sum of | 12032 |
| filing fees in each new civil action or proceeding for the | 12033 |
| charitable public purpose of providing financial assistance to | 12034 |
| legal aid societies that operate within the state. Subject to | 12035 |
| division (E) of this section, the county court shall collect in | 12036 |
| its small
claims
division the sum of | 12037 |
| additional filing fees in each new civil action or proceeding for | 12038 |
| the charitable public purpose of providing financial assistance to | 12039 |
| legal aid societies that operate within the state. This division | 12040 |
| does not apply to any execution on a judgment, proceeding in aid | 12041 |
| of execution, or other post-judgment proceeding arising out of a | 12042 |
| civil action. The filing fees required to be collected under this | 12043 |
| division shall be in addition to any other court costs imposed in | 12044 |
| the action or proceeding and shall be collected at the time of the | 12045 |
| filing of the action or proceeding. The court shall not waive the | 12046 |
| payment of the additional filing fees in a new civil action or | 12047 |
| proceeding unless the court waives the advanced payment of all | 12048 |
| filing fees in the action or proceeding. All such moneys collected | 12049 |
| during a month shall be transmitted on or before the twentieth day | 12050 |
| of the following month by the clerk of the court to the treasurer | 12051 |
| of state in a manner prescribed by the treasurer of state or by | 12052 |
| the Ohio legal assistance foundation. The moneys then shall be | 12053 |
| deposited by the treasurer of state to the credit of the legal aid | 12054 |
| fund established under section 120.52 of the Revised Code. | 12055 |
| The court may retain up to one per cent of the moneys it | 12056 |
| collects under this division to cover administrative costs, | 12057 |
| including the hiring of any additional personnel necessary to | 12058 |
| implement this division. | 12059 |
| (D) The county court shall establish by rule a schedule of | 12060 |
| fees for miscellaneous services performed by the county court or | 12061 |
| any of its judges in accordance with law. If judges of the court | 12062 |
| of common pleas perform similar services, the fees prescribed in | 12063 |
| the schedule shall not exceed the fees for those services | 12064 |
| prescribed by the court of common pleas. | 12065 |
| (E) Under the circumstances described in sections 2969.21 to | 12066 |
| 2969.27 of the Revised Code, the clerk of the county court shall | 12067 |
| charge the fees and perform the other duties specified in those | 12068 |
| sections. | 12069 |
| Sec. 2113.041. (A) The administrator of the estate recovery | 12070 |
| program established pursuant to section 5111.11 of the Revised | 12071 |
| Code may present an affidavit to a financial institution | 12072 |
| requesting that the financial institution release account proceeds | 12073 |
| to recover the cost of services correctly provided to a medicaid | 12074 |
| recipient who is subject to the estate recovery program. The | 12075 |
| affidavit shall include all of the following information: | 12076 |
| (1) The name of the decedent; | 12077 |
| (2) The name of any person who gave notice that the decedent | 12078 |
| was a medicaid recipient and that person's relationship to the | 12079 |
| decedent; | 12080 |
| (3) The name of the financial institution; | 12081 |
| (4) The account number; | 12082 |
| (5) A description of the claim for estate recovery; | 12083 |
| (6) The amount of funds to be recovered. | 12084 |
| (B) A financial institution may release account proceeds to | 12085 |
| the administrator of the estate recovery program if all of the | 12086 |
| following apply: | 12087 |
| (1) The decedent held an account at the financial institution | 12088 |
| that was in the decedent's name only. | 12089 |
| (2) No estate has been, and it is reasonable to assume that | 12090 |
| no estate will be, opened for the decedent. | 12091 |
| (3) The decedent has no outstanding debts known to the | 12092 |
| administrator of the estate recovery program. | 12093 |
| (4) The financial institution has received no objections or | 12094 |
| has determined that no valid objections to release of proceeds | 12095 |
| have been received. | 12096 |
| (C) If proceeds have been released pursuant to division (B) | 12097 |
| of this section and the department of job and family services | 12098 |
| receives notice of a valid claim to the proceeds that has a higher | 12099 |
| priority under section 2117.25 of the Revised Code than the claim | 12100 |
| of the estate recovery program, the department may refund the | 12101 |
| proceeds to the financial institution or pay them to the person or | 12102 |
| government entity with the claim. | 12103 |
| Sec. 2151.416. (A) Each agency that is required by section | 12104 |
| 2151.412 of the Revised Code to prepare a case plan for a child | 12105 |
| shall complete a semiannual administrative review of the case plan | 12106 |
| no later than six months after the earlier of the date on which | 12107 |
| the complaint in the case was filed or the child was first placed | 12108 |
| in shelter care. After the first administrative review, the agency | 12109 |
| shall complete semiannual administrative reviews no later than | 12110 |
| every six months. If the court issues an order pursuant to section | 12111 |
| 2151.414 or 2151.415 of the Revised Code, the agency shall | 12112 |
| complete an administrative review no later than six months after | 12113 |
| the court's order and continue to complete administrative reviews | 12114 |
| no later than every six months after the first review, except that | 12115 |
| the court hearing held pursuant to section 2151.417 of the Revised | 12116 |
| Code may take the place of any administrative review that would | 12117 |
| otherwise be held at the time of the court hearing. When | 12118 |
| conducting a review, the child's health and safety shall be the | 12119 |
| paramount concern. | 12120 |
| (B) Each administrative review required by division (A) of | 12121 |
| this section shall be conducted by a review panel of at least | 12122 |
| three persons, including, but not limited to, both of the | 12123 |
| following: | 12124 |
| (1) A caseworker with day-to-day responsibility for, or | 12125 |
| familiarity with, the management of the child's case plan; | 12126 |
| (2) A person who is not responsible for the management of the | 12127 |
| child's case plan or for the delivery of services to the child or | 12128 |
| the parents, guardian, or custodian of the child. | 12129 |
| (C) Each semiannual administrative review shall include, but | 12130 |
| not be limited to, a joint meeting by the review panel with the | 12131 |
| parents, guardian, or custodian of the child, the guardian ad | 12132 |
| litem of the child, and the child's foster care provider and shall | 12133 |
| include an opportunity for those persons to submit any written | 12134 |
| materials to be included in the case record of the child. If a | 12135 |
| parent, guardian, custodian, guardian ad litem, or foster care | 12136 |
| provider of the child cannot be located after reasonable efforts | 12137 |
| to do so or declines to participate in the administrative review | 12138 |
| after being contacted, the agency does not have to include them in | 12139 |
| the joint meeting. | 12140 |
| (D) The agency shall prepare a written summary of the | 12141 |
| semiannual administrative review that shall include, but not be | 12142 |
| limited to, all of the following: | 12143 |
| (1) A conclusion regarding the safety and appropriateness of | 12144 |
| the child's foster care placement; | 12145 |
| (2) The extent of the compliance with the case plan of all | 12146 |
| parties; | 12147 |
| (3) The extent of progress that has been made toward | 12148 |
| alleviating the circumstances that required the agency to assume | 12149 |
| temporary custody of the child; | 12150 |
| (4) An estimated date by which the child may be returned to | 12151 |
| and safely maintained in the child's home or placed for adoption | 12152 |
| or legal custody; | 12153 |
| (5) An updated case plan that includes any changes that the | 12154 |
| agency is proposing in the case plan; | 12155 |
| (6) The recommendation of the agency as to which agency or | 12156 |
| person should be given custodial rights over the child for the | 12157 |
| six-month period after the administrative review; | 12158 |
| (7) The names of all persons who participated in the | 12159 |
| administrative review. | 12160 |
| (E) The agency shall file the summary with the court no later | 12161 |
| than seven days after the completion of the administrative review. | 12162 |
| If the agency proposes a change to the case plan as a result of | 12163 |
| the administrative review, the agency shall file the proposed | 12164 |
| change with the court at the time it files the summary. The agency | 12165 |
| shall give notice of the summary and proposed change in writing | 12166 |
| before the end of the next day after filing them to all parties | 12167 |
| and the child's guardian ad litem. All parties and the guardian ad | 12168 |
| litem shall have seven days after the date the notice is sent to | 12169 |
| object to and request a hearing on the proposed change. | 12170 |
| (1) If the court receives a timely request for a hearing, the | 12171 |
| court shall schedule a hearing pursuant to section 2151.417 of the | 12172 |
| Revised Code to be held not later than thirty days after the court | 12173 |
| receives the request. The court shall give notice of the date, | 12174 |
| time, and location of the hearing to all parties and the guardian | 12175 |
| ad litem. The agency may implement the proposed change after the | 12176 |
| hearing, if the court approves it. The agency shall not implement | 12177 |
| the proposed change unless it is approved by the court. | 12178 |
| (2) If the court does not receive a timely request for a | 12179 |
| hearing, the court may approve the proposed change without a | 12180 |
| hearing. If the court approves the proposed change without a | 12181 |
| hearing, it shall journalize the case plan with the change not | 12182 |
| later than fourteen days after the change is filed with the court. | 12183 |
| If the court does not approve the proposed change to the case | 12184 |
| plan, it shall schedule a review hearing to be held pursuant to | 12185 |
| section 2151.417 of the Revised Code no later than thirty days | 12186 |
| after the expiration of the fourteen-day time period and give | 12187 |
| notice of the date, time, and location of the hearing to all | 12188 |
| parties and the guardian ad litem of the child. If, despite the | 12189 |
| requirements of this division and division (D) of section 2151.417 | 12190 |
| of the Revised Code, the court neither approves and journalizes | 12191 |
| the proposed change nor conducts a hearing, the agency may | 12192 |
| implement the proposed change not earlier than fifteen days after | 12193 |
| it is submitted to the court. | 12194 |
| (F) The director of job and family services may adopt rules | 12195 |
| pursuant to Chapter 119. of the Revised Code for procedures and | 12196 |
| standard forms for conducting administrative reviews pursuant to | 12197 |
| this section. | 12198 |
| (G) The juvenile court that receives the written summary of | 12199 |
| the administrative review, upon determining, either from the | 12200 |
| written summary, case plan, or otherwise, that the custody or care | 12201 |
| arrangement is not in the best interest of the child, may | 12202 |
| terminate the custody of an agency and place the child in the | 12203 |
| custody of another institution or association certified by the | 12204 |
| department of job and family services under section 5103.03 of the | 12205 |
| Revised Code. | 12206 |
| (H) The department of job and family services shall report | 12207 |
| annually to the public and to the general assembly on the results | 12208 |
|
of the
review of case plans of each agency | 12209 |
| 12210 | |
| 12211 | |
| that is required by the department, including, but not limited to, | 12212 |
| all of the following: | 12213 |
| (1) A statistical analysis of the administrative reviews | 12214 |
| conducted pursuant to this section and section 2151.417 of the | 12215 |
| Revised Code; | 12216 |
| (2) The number of children in temporary or permanent custody | 12217 |
| for whom an administrative review was conducted, the number of | 12218 |
| children whose custody status changed during the period, the | 12219 |
| number of children whose residential placement changed during the | 12220 |
| period, and the number of residential placement changes for each | 12221 |
| child during the period; | 12222 |
| (3) An analysis of the utilization of public social services | 12223 |
| by agencies and parents or guardians, and the utilization of the | 12224 |
| adoption listing service of the department pursuant to section | 12225 |
|
5103.154 of the Revised Code | 12226 |
| | 12227 |
| 12228 |
| Sec. 2152.74. (A) As used in this section, "DNA analysis" | 12229 |
| and "DNA specimen" have the same meanings as in section 109.573 of | 12230 |
| the Revised Code. | 12231 |
| (B)(1) A child who is adjudicated a delinquent child for | 12232 |
| committing an act listed in division (D) of this section and who | 12233 |
| is committed to the custody of the department of youth services, | 12234 |
| placed in a detention facility or district detention facility | 12235 |
| pursuant to division (A)(3) of section 2152.19 of the Revised | 12236 |
| Code, or placed in a school, camp, institution, or other facility | 12237 |
| for delinquent children described in division (A)(2) of section | 12238 |
| 2152.19 of the Revised Code shall submit to a DNA specimen | 12239 |
| collection procedure administered by the director of youth | 12240 |
| services if committed to the department or by the chief | 12241 |
| administrative officer of the detention facility, district | 12242 |
| detention facility, school, camp, institution, or other facility | 12243 |
| for delinquent children to which the child was committed or in | 12244 |
| which the child was placed. If the court commits the child to the | 12245 |
| department of youth services, the director of youth services shall | 12246 |
| cause the DNA specimen to be collected from the child during the | 12247 |
| intake process at an institution operated by or under the control | 12248 |
| of the department. If the court commits the child to or places the | 12249 |
| child in a detention facility, district detention facility, | 12250 |
| school, camp, institution, or other facility for delinquent | 12251 |
| children, the chief administrative officer of the detention | 12252 |
| facility, district detention facility, school, camp, institution, | 12253 |
| or facility to which the child is committed or in which the child | 12254 |
| is placed shall cause the DNA specimen to be collected from the | 12255 |
| child during the intake process for the detention facility, | 12256 |
| district detention facility, school, camp, institution, or | 12257 |
| facility. In accordance with division (C) of this section, the | 12258 |
| director or the chief administrative officer shall cause the DNA | 12259 |
| specimen to be forwarded to the bureau of criminal identification | 12260 |
| and investigation no later than fifteen days after the date of the | 12261 |
| collection of the DNA specimen. The DNA specimen shall be | 12262 |
| collected from the child in accordance with division (C) of this | 12263 |
| section. | 12264 |
| (2) If a child is adjudicated a delinquent child for | 12265 |
| committing an act listed in division (D) of this section, is | 12266 |
| committed to or placed in the department of youth services, a | 12267 |
| detention facility or district detention facility, or a school, | 12268 |
| camp, institution, or other facility for delinquent children, and | 12269 |
| does not submit to a DNA specimen collection procedure pursuant to | 12270 |
| division (B)(1) of this section, prior to the child's release from | 12271 |
| the custody of the department of youth services, from the custody | 12272 |
| of the detention facility or district detention facility, or from | 12273 |
| the custody of the school, camp, institution, or facility, the | 12274 |
| child shall submit to, and the director of youth services or the | 12275 |
| chief administrator of the detention facility, district detention | 12276 |
| facility, school, camp, institution, or facility to which the | 12277 |
| child is committed or in which the child was placed shall | 12278 |
| administer, a DNA specimen collection procedure at the institution | 12279 |
| operated by or under the control of the department of youth | 12280 |
| services or at the detention facility, district detention | 12281 |
| facility, school, camp, institution, or facility to which the | 12282 |
| child is committed or in which the child was placed. In accordance | 12283 |
| with division (C) of this section, the director or the chief | 12284 |
| administrative officer shall cause the DNA specimen to be | 12285 |
| forwarded to the bureau of criminal identification and | 12286 |
| investigation no later than fifteen days after the date of the | 12287 |
| collection of the DNA specimen. The DNA specimen shall be | 12288 |
| collected in accordance with division (C) of this section. | 12289 |
| (C) If the DNA specimen is collected by withdrawing blood | 12290 |
| from the child or a similarly invasive procedure, a physician, | 12291 |
| registered nurse, licensed practical nurse, duly licensed clinical | 12292 |
| laboratory technician, or other qualified medical practitioner | 12293 |
| shall collect in a medically approved manner the DNA specimen | 12294 |
| required to be collected pursuant to division (B) of this section. | 12295 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 12296 |
| similarly noninvasive procedure, this section does not require | 12297 |
| that the DNA specimen be collected by a qualified medical | 12298 |
| practitioner of that nature. No later than fifteen days after the | 12299 |
| date of the collection of the DNA specimen, the director of youth | 12300 |
| services or the chief administrative officer of the detention | 12301 |
| facility, district detention facility, school, camp, institution, | 12302 |
| or other facility for delinquent children to which the child is | 12303 |
| committed or in which the child was placed shall cause the DNA | 12304 |
| specimen to be forwarded to the bureau of criminal identification | 12305 |
| and investigation in accordance with procedures established by the | 12306 |
| superintendent of the bureau under division (H) of section 109.573 | 12307 |
| of the Revised Code. The bureau shall provide the specimen vials, | 12308 |
| mailing tubes, labels, postage, and instruction needed for the | 12309 |
| collection and forwarding of the DNA specimen to the bureau. | 12310 |
| (D) The director of youth services and the chief | 12311 |
| administrative officer of a detention facility, district detention | 12312 |
| facility, school, camp, institution, or other facility for | 12313 |
| delinquent children shall cause a DNA specimen to be collected in | 12314 |
| accordance with divisions (B) and (C) of this section from each | 12315 |
| child in its custody who is adjudicated a delinquent child for | 12316 |
| committing any of the following acts: | 12317 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 12318 |
| 2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or | 12319 |
| 2911.12 of the Revised Code; | 12320 |
| (2) A violation of section 2907.12 of the Revised Code as it | 12321 |
| existed prior to September 3, 1996; | 12322 |
| (3) An attempt to commit a violation of section 2903.01, | 12323 |
| 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to | 12324 |
| commit a violation of section 2907.12 of the Revised Code as it | 12325 |
| existed prior to September 3, 1996; | 12326 |
| (4) A violation of any law that arose out of the same facts | 12327 |
| and circumstances and same act as did a charge against the child | 12328 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 12329 |
| 2907.03, 2907.05, or 2911.11 of the Revised Code that previously | 12330 |
| was dismissed or amended or as did a charge against the child of a | 12331 |
| violation of section 2907.12 of the Revised Code as it existed | 12332 |
| prior to September 3, 1996, that previously was dismissed or | 12333 |
| amended; | 12334 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 12335 |
| Code that would have been a violation of section 2905.04 of the | 12336 |
| Revised Code as it existed prior to July 1, 1996, had the | 12337 |
| violation been committed prior to that date; | 12338 |
| (6) A felony violation of any law that arose out of the same | 12339 |
| facts and circumstances and same act as did a charge against the | 12340 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 12341 |
| 2911.12 of the Revised Code that previously was dismissed or | 12342 |
| amended; | 12343 |
| (7) A violation of section 2923.01 of the Revised Code | 12344 |
| involving a conspiracy to commit a violation of section 2903.01, | 12345 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 12346 |
| Revised Code; | 12347 |
| (8) A violation of section 2923.03 of the Revised Code | 12348 |
| involving complicity in committing a violation of section 2903.01, | 12349 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 12350 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 12351 |
| violation of section 2907.12 of the Revised Code as it existed | 12352 |
| prior to September 3, 1996. | 12353 |
| (E) The director of youth services and the chief | 12354 |
| administrative officer of a detention facility, district detention | 12355 |
| facility, school, camp, institution, or other facility for | 12356 |
| delinquent children is not required to comply with this section in | 12357 |
| relation to the following acts until the superintendent of the | 12358 |
| bureau of criminal identification and investigation gives agencies | 12359 |
|
in the
juvenile
justice system, as
defined in section | 12360 |
| 5502.61 of the Revised Code, in the state official notification | 12361 |
| that the state DNA laboratory is prepared to accept DNA specimens | 12362 |
| of that nature: | 12363 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 12364 |
| 2911.12 of the Revised Code; | 12365 |
| (2) An attempt to commit a violation of section 2903.01 or | 12366 |
| 2903.02 of the Revised Code; | 12367 |
| (3) A felony violation of any law that arose out of the same | 12368 |
| facts and circumstances and same act as did a charge against the | 12369 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 12370 |
| 2911.12 of the Revised Code that previously was dismissed or | 12371 |
| amended; | 12372 |
| (4) A violation of section 2923.01 of the Revised Code | 12373 |
| involving a conspiracy to commit a violation of section 2903.01, | 12374 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 12375 |
| Revised Code; | 12376 |
| (5) A violation of section 2923.03 of the Revised Code | 12377 |
| involving complicity in committing a violation of section 2903.01, | 12378 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 12379 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 12380 |
| violation of section 2907.12 of the Revised Code as it existed | 12381 |
| prior to September 3, 1996. | 12382 |
| Sec. 2303.201. (A)(1) The court of common pleas of any | 12383 |
| county may determine that for the efficient operation of the court | 12384 |
| additional funds are required to computerize the court, to make | 12385 |
| available computerized legal research services, or to do both. | 12386 |
| Upon making a determination that additional funds are required for | 12387 |
| either or both of those purposes, the court shall authorize and | 12388 |
| direct the clerk of the court of common pleas to charge one | 12389 |
| additional fee, not to exceed three dollars, on the filing of each | 12390 |
| cause of action or appeal under divisions (A), (Q), and (U) of | 12391 |
| section 2303.20 of the Revised Code. | 12392 |
| (2) All fees collected under division (A)(1) of this section | 12393 |
| shall be paid to the county treasurer. The treasurer shall place | 12394 |
| the funds from the fees in a separate fund to be disbursed, upon | 12395 |
| an order of the court, in an amount not greater than the actual | 12396 |
| cost to the court of procuring and maintaining computerization of | 12397 |
| the court, computerized legal research services, or both. | 12398 |
| (3) If the court determines that the funds in the fund | 12399 |
| described in division (A)(2) of this section are more than | 12400 |
| sufficient to satisfy the purpose for which the additional fee | 12401 |
| described in division (A)(1) of this section was imposed, the | 12402 |
| court may declare a surplus in the fund and expend those surplus | 12403 |
| funds for other appropriate technological expenses of the court. | 12404 |
| (B)(1) The court of common pleas of any county may determine | 12405 |
| that, for the efficient operation of the court, additional funds | 12406 |
| are required to computerize the office of the clerk of the court | 12407 |
| of common pleas and, upon that determination, authorize and direct | 12408 |
| the clerk of the court of common pleas to charge an additional | 12409 |
| fee, not to exceed ten dollars, on the filing of each cause of | 12410 |
| action or appeal, on the filing, docketing, and endorsing of each | 12411 |
| certificate of judgment, or on the docketing and indexing of each | 12412 |
| aid in execution or petition to vacate, revive, or modify a | 12413 |
| judgment under divisions (A), (P), (Q), (T), and (U) of section | 12414 |
| 2303.20 of the Revised Code. Subject to division (B)(2) of this | 12415 |
| section, all moneys collected under division (B)(1) of this | 12416 |
| section shall be paid to the county treasurer to be disbursed, | 12417 |
| upon an order of the court of common pleas and subject to | 12418 |
| appropriation by the board of county commissioners, in an amount | 12419 |
| no greater than the actual cost to the court of procuring and | 12420 |
| maintaining computer systems for the office of the clerk of the | 12421 |
| court of common pleas. | 12422 |
| (2) If the court of common pleas of a county makes the | 12423 |
| determination described in division (B)(1) of this section, the | 12424 |
| board of county commissioners of that county may issue one or more | 12425 |
| general obligation bonds for the purpose of procuring and | 12426 |
| maintaining the computer systems for the office of the clerk of | 12427 |
| the court of common pleas. In addition to the purposes stated in | 12428 |
| division (B)(1) of this section for which the moneys collected | 12429 |
| under that division may be expended, the moneys additionally may | 12430 |
| be expended to pay debt charges on and financing costs related to | 12431 |
| any general obligation bonds issued pursuant to division (B)(2) of | 12432 |
| this section as they become due. General obligation bonds issued | 12433 |
| pursuant to division (B)(2) of this section are Chapter 133. | 12434 |
| securities. | 12435 |
| (C) The court of common pleas shall collect the sum of | 12436 |
| 12437 | |
| civil action or proceeding for the charitable public purpose of | 12438 |
| providing financial assistance to legal aid societies that operate | 12439 |
| within the state. This division does not apply to proceedings | 12440 |
| concerning annulments, dissolutions of marriage, divorces, legal | 12441 |
| separation, spousal support, marital property or separate property | 12442 |
| distribution, support, or other domestic relations matters; to a | 12443 |
| juvenile division of a court of common pleas; to a probate | 12444 |
| division of a court of common pleas, except that the additional | 12445 |
|
filing fees
shall apply to name change, guardianship, | 12446 |
| adoption, and decedents' estate proceedings; or to an execution on | 12447 |
| a judgment, proceeding in aid of execution, or other post-judgment | 12448 |
| proceeding arising out of a civil action. The filing fees required | 12449 |
| to be collected under this division shall be in addition to any | 12450 |
| other filing fees imposed in the action or proceeding and shall be | 12451 |
| collected at the time of the filing of the action or proceeding. | 12452 |
| The court shall not waive the payment of the additional filing | 12453 |
| fees in a new civil action or proceeding unless the court waives | 12454 |
| the advanced payment of all filing fees in the action or | 12455 |
| proceeding. All such moneys collected during a month shall be | 12456 |
| transmitted on or before the twentieth day of the following month | 12457 |
| by the clerk of the court to the treasurer of state in a manner | 12458 |
| prescribed by the treasurer of state or by the Ohio legal | 12459 |
| assistance foundation. The moneys then shall be deposited by the | 12460 |
| treasurer of state to the credit of the legal aid fund established | 12461 |
| under section 120.52 of the Revised Code. | 12462 |
| The court may retain up to one per cent of the moneys it | 12463 |
| collects under this division to cover administrative costs, | 12464 |
| including the hiring of any additional personnel necessary to | 12465 |
| implement this division. | 12466 |
| (D) On and after the thirtieth day after December 9, 1994, | 12467 |
| the court of common pleas shall collect the sum of thirty-two | 12468 |
| dollars as additional filing fees in each new action or proceeding | 12469 |
| for annulment, divorce, or dissolution of marriage for the purpose | 12470 |
| of funding shelters for victims of domestic violence pursuant to | 12471 |
| sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 12472 |
| required to be collected under this division shall be in addition | 12473 |
| to any other filing fees imposed in the action or proceeding and | 12474 |
| shall be collected at the time of the filing of the action or | 12475 |
| proceeding. The court shall not waive the payment of the | 12476 |
| additional filing fees in a new action or proceeding for | 12477 |
| annulment, divorce, or dissolution of marriage unless the court | 12478 |
| waives the advanced payment of all filing fees in the action or | 12479 |
| proceeding. On or before the twentieth day of each month, all | 12480 |
| moneys collected during the immediately preceding month pursuant | 12481 |
| to this division shall be deposited by the clerk of the court into | 12482 |
| the county treasury in the special fund used for deposit of | 12483 |
| additional marriage license fees as described in section 3113.34 | 12484 |
| of the Revised Code. Upon their deposit into the fund, the moneys | 12485 |
| shall be retained in the fund and expended only as described in | 12486 |
| section 3113.34 of the Revised Code. | 12487 |
| (E)(1) The court of common pleas may determine that, for the | 12488 |
| efficient operation of the court, additional funds are necessary | 12489 |
| to acquire and pay for special projects of the court, including, | 12490 |
| but not limited to, the acquisition of additional facilities or | 12491 |
| the rehabilitation of existing facilities, the acquisition of | 12492 |
| equipment, the hiring and training of staff, community service | 12493 |
| programs, mediation or dispute resolution services, the employment | 12494 |
| of magistrates, the training and education of judges, acting | 12495 |
| judges, and magistrates, and other related services. Upon that | 12496 |
| determination, the court by rule may charge a fee, in addition to | 12497 |
| all other court costs, on the filing of each criminal cause, civil | 12498 |
| action or proceeding, or judgment by confession. | 12499 |
| If the court of common pleas offers a special program or | 12500 |
| service in cases of a specific type, the court by rule may assess | 12501 |
| an additional charge in a case of that type, over and above court | 12502 |
| costs, to cover the special program or service. The court shall | 12503 |
| adjust the special assessment periodically, but not retroactively, | 12504 |
| so that the amount assessed in those cases does not exceed the | 12505 |
| actual cost of providing the service or program. | 12506 |
| All moneys collected under division (E) of this section shall | 12507 |
| be paid to the county treasurer for deposit into either a general | 12508 |
| special projects fund or a fund established for a specific special | 12509 |
| project. Moneys from a fund of that nature shall be disbursed upon | 12510 |
| an order of the court in an amount no greater than the actual cost | 12511 |
| to the court of a project. If a specific fund is terminated | 12512 |
| because of the discontinuance of a program or service established | 12513 |
| under division (E) of this section, the court may order that | 12514 |
| moneys remaining in the fund be transferred to an account | 12515 |
| established under this division for a similar purpose. | 12516 |
| (2) As used in division (E) of this section: | 12517 |
| (a) "Criminal cause" means a charge alleging the violation of | 12518 |
| a statute or ordinance, or subsection of a statute or ordinance, | 12519 |
| that requires a separate finding of fact or a separate plea before | 12520 |
| disposition and of which the defendant may be found guilty, | 12521 |
| whether filed as part of a multiple charge on a single summons, | 12522 |
| citation, or complaint or as a separate charge on a single | 12523 |
| summons, citation, or complaint. "Criminal cause" does not include | 12524 |
| separate violations of the same statute or ordinance, or | 12525 |
| subsection of the same statute or ordinance, unless each charge is | 12526 |
| filed on a separate summons, citation, or complaint. | 12527 |
| (b) "Civil action or proceeding" means any civil litigation | 12528 |
| that must be determined by judgment entry. | 12529 |
| Sec. 2305.234. (A) As used in this section: | 12530 |
| (1) "Chiropractic claim," "medical claim," and "optometric | 12531 |
| claim" have the same meanings as in section 2305.113 of the | 12532 |
| Revised Code. | 12533 |
| (2) "Dental claim" has the same meaning as in section | 12534 |
| 2305.113 of the Revised Code, except that it does not include any | 12535 |
| claim arising out of a dental operation or any derivative claim | 12536 |
| for relief that arises out of a dental operation. | 12537 |
| (3) "Governmental health care program" has the same meaning | 12538 |
| as in section 4731.65 of the Revised Code. | 12539 |
| (4) "Health care facility or location" means a hospital, | 12540 |
| clinic, ambulatory surgical facility, office of a health care | 12541 |
| professional or associated group of health care professionals, | 12542 |
| training institution for health care professionals, or any other | 12543 |
| place where medical, dental, or other health-related diagnosis, | 12544 |
| care, or treatment is provided to a person. | 12545 |
| (5) "Health care professional" means any of the following who | 12546 |
| provide medical, dental, or other health-related diagnosis, care, | 12547 |
| or treatment: | 12548 |
| (a) Physicians authorized under Chapter 4731. of the Revised | 12549 |
| Code to practice medicine and surgery or osteopathic medicine and | 12550 |
| surgery; | 12551 |
| (b) Registered nurses and licensed practical nurses licensed | 12552 |
| under Chapter 4723. of the Revised Code and individuals who hold a | 12553 |
| certificate of authority issued under that chapter that authorizes | 12554 |
| the practice of nursing as a certified registered nurse | 12555 |
| anesthetist, clinical nurse specialist, certified nurse-midwife, | 12556 |
| or certified nurse practitioner; | 12557 |
| (c) Physician assistants authorized to practice under Chapter | 12558 |
| 4730. of the Revised Code; | 12559 |
| (d) Dentists and dental hygienists licensed under Chapter | 12560 |
| 4715. of the Revised Code; | 12561 |
| (e) Physical therapists, physical therapist assistants, | 12562 |
| occupational therapists, and occupational therapy assistants | 12563 |
| licensed under Chapter 4755. of the Revised Code; | 12564 |
| (f) Chiropractors licensed under Chapter 4734. of the Revised | 12565 |
| Code; | 12566 |
| (g) Optometrists licensed under Chapter 4725. of the Revised | 12567 |
| Code; | 12568 |
| (h) Podiatrists authorized under Chapter 4731. of the Revised | 12569 |
| Code to practice podiatry; | 12570 |
| (i) Dietitians licensed under Chapter 4759. of the Revised | 12571 |
| Code; | 12572 |
| (j) Pharmacists licensed under Chapter 4729. of the Revised | 12573 |
| Code; | 12574 |
| (k) Emergency medical technicians-basic, emergency medical | 12575 |
| technicians-intermediate, and emergency medical | 12576 |
| technicians-paramedic, certified under Chapter 4765. of the | 12577 |
| Revised Code; | 12578 |
| (l) Respiratory care professionals licensed under Chapter | 12579 |
| 4761. of the Revised Code; | 12580 |
| (m) Speech-language pathologists and audiologists licensed | 12581 |
| under Chapter 4753. of the Revised Code. | 12582 |
| (6) "Health care worker" means a person other than a health | 12583 |
| care professional who provides medical, dental, or other | 12584 |
| health-related care or treatment under the direction of a health | 12585 |
| care professional with the authority to direct that individual's | 12586 |
| activities, including medical technicians, medical assistants, | 12587 |
| dental assistants, orderlies, aides, and individuals acting in | 12588 |
| similar capacities. | 12589 |
| (7) "Indigent and uninsured person" means a person who meets | 12590 |
| all of the following requirements: | 12591 |
| (a) The person's income is not greater than two hundred per | 12592 |
| cent of the current poverty line as defined by the United States | 12593 |
| office of management and budget and revised in accordance with | 12594 |
| section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," | 12595 |
| 95 Stat. 511, 42 U.S.C. 9902, as amended. | 12596 |
| (b) The person is not eligible to receive medical assistance | 12597 |
|
under Chapter
5111. | 12598 |
| 12599 | |
| governmental health care program. | 12600 |
| (c) Either of the following applies: | 12601 |
| (i) The person is not a policyholder, certificate holder, | 12602 |
| insured, contract holder, subscriber, enrollee, member, | 12603 |
| beneficiary, or other covered individual under a health insurance | 12604 |
| or health care policy, contract, or plan. | 12605 |
| (ii) The person is a policyholder, certificate holder, | 12606 |
| insured, contract holder, subscriber, enrollee, member, | 12607 |
| beneficiary, or other covered individual under a health insurance | 12608 |
| or health care policy, contract, or plan, but the insurer, policy, | 12609 |
| contract, or plan denies coverage or is the subject of insolvency | 12610 |
| or bankruptcy proceedings in any jurisdiction. | 12611 |
| (8) "Nonprofit health care referral organization" means an | 12612 |
| entity that is not operated for profit and refers patients to, or | 12613 |
| arranges for the provision of, health-related diagnosis, care, or | 12614 |
| treatment by a health care professional or health care worker. | 12615 |
| (9) "Operation" means any procedure that involves cutting or | 12616 |
| otherwise infiltrating human tissue by mechanical means, including | 12617 |
| surgery, laser surgery, ionizing radiation, therapeutic | 12618 |
| ultrasound, or the removal of intraocular foreign bodies. | 12619 |
| "Operation" does not include the administration of medication by | 12620 |
| injection, unless the injection is administered in conjunction | 12621 |
| with a procedure infiltrating human tissue by mechanical means | 12622 |
| other than the administration of medicine by injection. | 12623 |
| "Operation" does not include routine dental restorative | 12624 |
| procedures, the scaling of teeth, or extractions of teeth that are | 12625 |
| not impacted. | 12626 |
| (10) "Tort action" means a civil action for damages for | 12627 |
| injury, death, or loss to person or property other than a civil | 12628 |
| action for damages for a breach of contract or another agreement | 12629 |
| between persons or government entities. | 12630 |
| (11) "Volunteer" means an individual who provides any | 12631 |
| medical, dental, or other health-care related diagnosis, care, or | 12632 |
| treatment without the expectation of receiving and without receipt | 12633 |
| of any compensation or other form of remuneration from an indigent | 12634 |
| and uninsured person, another person on behalf of an indigent and | 12635 |
| uninsured person, any health care facility or location, any | 12636 |
| nonprofit health care referral organization, or any other person | 12637 |
| or government entity. | 12638 |
| (12) "Community control sanction" has the same meaning as in | 12639 |
| section 2929.01 of the Revised Code. | 12640 |
| (B)(1) Subject to divisions (F) and (G)(3) of this section, a | 12641 |
| health care professional who is a volunteer and complies with | 12642 |
| division (B)(2) of this section is not liable in damages to any | 12643 |
| person or government entity in a tort or other civil action, | 12644 |
| including an action on a medical, dental, chiropractic, | 12645 |
| optometric, or other health-related claim, for injury, death, or | 12646 |
| loss to person or property that allegedly arises from an action or | 12647 |
| omission of the volunteer in the provision to an indigent and | 12648 |
| uninsured person of medical, dental, or other health-related | 12649 |
| diagnosis, care, or treatment, including the provision of samples | 12650 |
| of medicine and other medical products, unless the action or | 12651 |
| omission constitutes willful or wanton misconduct. | 12652 |
| (2) To qualify for the immunity described in division (B)(1) | 12653 |
| of this section, a health care professional shall do all of the | 12654 |
| following prior to providing diagnosis, care, or treatment: | 12655 |
| (a) Determine, in good faith, that the indigent and uninsured | 12656 |
| person is mentally capable of giving informed consent to the | 12657 |
| provision of the diagnosis, care, or treatment and is not subject | 12658 |
| to duress or under undue influence; | 12659 |
| (b) Inform the person of the provisions of this section, | 12660 |
| including notifying the person that, by giving informed consent to | 12661 |
| the provision of the diagnosis, care, or treatment, the person | 12662 |
| cannot hold the health care professional liable for damages in a | 12663 |
| tort or other civil action, including an action on a medical, | 12664 |
| dental, chiropractic, optometric, or other health-related claim, | 12665 |
| unless the action or omission of the health care professional | 12666 |
| constitutes willful or wanton misconduct; | 12667 |
| (c) Obtain the informed consent of the person and a written | 12668 |
| waiver, signed by the person or by another individual on behalf of | 12669 |
| and in the presence of the person, that states that the person is | 12670 |
| mentally competent to give informed consent and, without being | 12671 |
| subject to duress or under undue influence, gives informed consent | 12672 |
| to the provision of the diagnosis, care, or treatment subject to | 12673 |
| the provisions of this section. A written waiver under division | 12674 |
| (B)(2)(c) of this section shall state clearly and in conspicuous | 12675 |
| type that the person or other individual who signs the waiver is | 12676 |
| signing it with full knowledge that, by giving informed consent to | 12677 |
| the provision of the diagnosis, care, or treatment, the person | 12678 |
| cannot bring a tort or other civil action, including an action on | 12679 |
| a medical, dental, chiropractic, optometric, or other | 12680 |
| health-related claim, against the health care professional unless | 12681 |
| the action or omission of the health care professional constitutes | 12682 |
| willful or wanton misconduct. | 12683 |
| (3) A physician or podiatrist who is not covered by medical | 12684 |
| malpractice insurance, but complies with division (B)(2) of this | 12685 |
| section, is not required to comply with division (A) of section | 12686 |
| 4731.143 of the Revised Code. | 12687 |
| (C) Subject to divisions (F) and (G)(3) of this section, | 12688 |
| health care workers who are volunteers are not liable in damages | 12689 |
| to any person or government entity in a tort or other civil | 12690 |
| action, including an action upon a medical, dental, chiropractic, | 12691 |
| optometric, or other health-related claim, for injury, death, or | 12692 |
| loss to person or property that allegedly arises from an action or | 12693 |
| omission of the health care worker in the provision to an indigent | 12694 |
| and uninsured person of medical, dental, or other health-related | 12695 |
| diagnosis, care, or treatment, unless the action or omission | 12696 |
| constitutes willful or wanton misconduct. | 12697 |
| (D) Subject to divisions (F) and (G)(3) of this section, a | 12698 |
| nonprofit health care referral organization is not liable in | 12699 |
| damages to any person or government entity in a tort or other | 12700 |
| civil action, including an action on a medical, dental, | 12701 |
| chiropractic, optometric, or other health-related claim, for | 12702 |
| injury, death, or loss to person or property that allegedly arises | 12703 |
| from an action or omission of the nonprofit health care referral | 12704 |
| organization in referring indigent and uninsured persons to, or | 12705 |
| arranging for the provision of, medical, dental, or other | 12706 |
| health-related diagnosis, care, or treatment by a health care | 12707 |
| professional described in division (B)(1) of this section or a | 12708 |
| health care worker described in division (C) of this section, | 12709 |
| unless the action or omission constitutes willful or wanton | 12710 |
| misconduct. | 12711 |
| (E) Subject to divisions (F) and (G)(3) of this section and | 12712 |
| to the extent that the registration requirements of section | 12713 |
| 3701.071 of the Revised Code apply, a health care facility or | 12714 |
| location associated with a health care professional described in | 12715 |
| division (B)(1) of this section, a health care worker described in | 12716 |
| division (C) of this section, or a nonprofit health care referral | 12717 |
| organization described in division (D) of this section is not | 12718 |
| liable in damages to any person or government entity in a tort or | 12719 |
| other civil action, including an action on a medical, dental, | 12720 |
| chiropractic, optometric, or other health-related claim, for | 12721 |
| injury, death, or loss to person or property that allegedly arises | 12722 |
| from an action or omission of the health care professional or | 12723 |
| worker or nonprofit health care referral organization relative to | 12724 |
| the medical, dental, or other health-related diagnosis, care, or | 12725 |
| treatment provided to an indigent and uninsured person on behalf | 12726 |
| of or at the health care facility or location, unless the action | 12727 |
| or omission constitutes willful or wanton misconduct. | 12728 |
| (F)(1) Except as provided in division (F)(2) of this section, | 12729 |
| the immunities provided by divisions (B), (C), (D), and (E) of | 12730 |
| this section are not available to a health care professional, | 12731 |
| health care worker, nonprofit health care referral organization, | 12732 |
| or health care facility or location if, at the time of an alleged | 12733 |
| injury, death, or loss to person or property, the health care | 12734 |
| professionals or health care workers involved are providing one of | 12735 |
| the following: | 12736 |
| (a) Any medical, dental, or other health-related diagnosis, | 12737 |
| care, or treatment pursuant to a community service work order | 12738 |
| entered by a court under division (B) of section 2951.02 of the | 12739 |
| Revised Code or imposed by a court as a community control | 12740 |
| sanction; | 12741 |
| (b) Performance of an operation; | 12742 |
| (c) Delivery of a baby. | 12743 |
| (2) Division (F)(1) of this section does not apply when a | 12744 |
| health care professional or health care worker provides medical, | 12745 |
| dental, or other health-related diagnosis, care, or treatment that | 12746 |
| is necessary to preserve the life of a person in a medical | 12747 |
| emergency. | 12748 |
| (G)(1) This section does not create a new cause of action or | 12749 |
| substantive legal right against a health care professional, health | 12750 |
| care worker, nonprofit health care referral organization, or | 12751 |
| health care facility or location. | 12752 |
| (2) This section does not affect any immunities from civil | 12753 |
| liability or defenses established by another section of the | 12754 |
| Revised Code or available at common law to which a health care | 12755 |
| professional, health care worker, nonprofit health care referral | 12756 |
| organization, or health care facility or location may be entitled | 12757 |
| in connection with the provision of emergency or other medical, | 12758 |
| dental, or other health-related diagnosis, care, or treatment. | 12759 |
| (3) This section does not grant an immunity from tort or | 12760 |
| other civil liability to a health care professional, health care | 12761 |
| worker, nonprofit health care referral organization, or health | 12762 |
| care facility or location for actions that are outside the scope | 12763 |
| of authority of health care professionals or health care workers. | 12764 |
| (4) This section does not affect any legal responsibility of | 12765 |
| a health care professional, health care worker, or nonprofit | 12766 |
| health care referral organization to comply with any applicable | 12767 |
| law of this state or rule of an agency of this state. | 12768 |
| (5) This section does not affect any legal responsibility of | 12769 |
| a health care facility or location to comply with any applicable | 12770 |
| law of this state, rule of an agency of this state, or local code, | 12771 |
| ordinance, or regulation that pertains to or regulates building, | 12772 |
| housing, air pollution, water pollution, sanitation, health, fire, | 12773 |
| zoning, or safety. | 12774 |
| Sec. 2329.66. (A) Every person who is domiciled in this | 12775 |
| state may hold property exempt from execution, garnishment, | 12776 |
| attachment, or sale to satisfy a judgment or order, as follows: | 12777 |
| (1)(a) In the case of a judgment or order regarding money | 12778 |
| owed for health care services rendered or health care supplies | 12779 |
| provided to the person or a dependent of the person, one parcel or | 12780 |
| item of real or personal property that the person or a dependent | 12781 |
| of the person uses as a residence. Division (A)(1)(a) of this | 12782 |
| section does not preclude, affect, or invalidate the creation | 12783 |
| under this chapter of a judgment lien upon the exempted property | 12784 |
| but only delays the enforcement of the lien until the property is | 12785 |
| sold or otherwise transferred by the owner or in accordance with | 12786 |
| other applicable laws to a person or entity other than the | 12787 |
| surviving spouse or surviving minor children of the judgment | 12788 |
| debtor. Every person who is domiciled in this state may hold | 12789 |
| exempt from a judgment lien created pursuant to division (A)(1)(a) | 12790 |
| of this section the person's interest, not to exceed five thousand | 12791 |
| dollars, in the exempted property. | 12792 |
| (b) In the case of all other judgments and orders, the | 12793 |
| person's interest, not to exceed five thousand dollars, in one | 12794 |
| parcel or item of real or personal property that the person or a | 12795 |
| dependent of the person uses as a residence. | 12796 |
| (2) The person's interest, not to exceed one thousand | 12797 |
| dollars, in one motor vehicle; | 12798 |
| (3) The person's interest, not to exceed two hundred dollars | 12799 |
| in any particular item, in wearing apparel, beds, and bedding, and | 12800 |
| the person's interest, not to exceed three hundred dollars in each | 12801 |
| item, in one cooking unit and one refrigerator or other food | 12802 |
| preservation unit; | 12803 |
| (4)(a) The person's interest, not to exceed four hundred | 12804 |
| dollars, in cash on hand, money due and payable, money to become | 12805 |
| due within ninety days, tax refunds, and money on deposit with a | 12806 |
| bank, savings and loan association, credit union, public utility, | 12807 |
| landlord, or other person. Division (A)(4)(a) of this section | 12808 |
| applies only in bankruptcy proceedings. This exemption may include | 12809 |
| the portion of personal earnings that is not exempt under division | 12810 |
| (A)(13) of this section. | 12811 |
| (b) Subject to division (A)(4)(d) of this section, the | 12812 |
| person's interest, not to exceed two hundred dollars in any | 12813 |
| particular item, in household furnishings, household goods, | 12814 |
| appliances, books, animals, crops, musical instruments, firearms, | 12815 |
| and hunting and fishing equipment, that are held primarily for the | 12816 |
| personal, family, or household use of the person; | 12817 |
| (c) Subject to division (A)(4)(d) of this section, the | 12818 |
| person's interest in one or more items of jewelry, not to exceed | 12819 |
| four hundred dollars in one item of jewelry and not to exceed two | 12820 |
| hundred dollars in every other item of jewelry; | 12821 |
| (d) Divisions (A)(4)(b) and (c) of this section do not | 12822 |
| include items of personal property listed in division (A)(3) of | 12823 |
| this section. | 12824 |
| If the person does not claim an exemption under division | 12825 |
| (A)(1) of this section, the total exemption claimed under division | 12826 |
| (A)(4)(b) of this section shall be added to the total exemption | 12827 |
| claimed under division (A)(4)(c) of this section, and the total | 12828 |
| shall not exceed two thousand dollars. If the person claims an | 12829 |
| exemption under division (A)(1) of this section, the total | 12830 |
| exemption claimed under division (A)(4)(b) of this section shall | 12831 |
| be added to the total exemption claimed under division (A)(4)(c) | 12832 |
| of this section, and the total shall not exceed one thousand five | 12833 |
| hundred dollars. | 12834 |
| (5) The person's interest, not to exceed an aggregate of | 12835 |
| seven hundred fifty dollars, in all implements, professional | 12836 |
| books, or tools of the person's profession, trade, or business, | 12837 |
| including agriculture; | 12838 |
| (6)(a) The person's interest in a beneficiary fund set apart, | 12839 |
| appropriated, or paid by a benevolent association or society, as | 12840 |
| exempted by section 2329.63 of the Revised Code; | 12841 |
| (b) The person's interest in contracts of life or endowment | 12842 |
| insurance or annuities, as exempted by section 3911.10 of the | 12843 |
| Revised Code; | 12844 |
| (c) The person's interest in a policy of group insurance or | 12845 |
| the proceeds of a policy of group insurance, as exempted by | 12846 |
| section 3917.05 of the Revised Code; | 12847 |
| (d) The person's interest in money, benefits, charity, | 12848 |
| relief, or aid to be paid, provided, or rendered by a fraternal | 12849 |
| benefit society, as exempted by section 3921.18 of the Revised | 12850 |
| Code; | 12851 |
| (e) The person's interest in the portion of benefits under | 12852 |
| policies of sickness and accident insurance and in lump sum | 12853 |
| payments for dismemberment and other losses insured under those | 12854 |
| policies, as exempted by section 3923.19 of the Revised Code. | 12855 |
| (7) The person's professionally prescribed or medically | 12856 |
| necessary health aids; | 12857 |
| (8) The person's interest in a burial lot, including, but not | 12858 |
| limited to, exemptions under section 517.09 or 1721.07 of the | 12859 |
| Revised Code; | 12860 |
| (9) The person's interest in the following: | 12861 |
| (a) Moneys paid or payable for living maintenance or rights, | 12862 |
| as exempted by section 3304.19 of the Revised Code; | 12863 |
| (b) Workers' compensation, as exempted by section 4123.67 of | 12864 |
| the Revised Code; | 12865 |
| (c) Unemployment compensation benefits, as exempted by | 12866 |
| section 4141.32 of the Revised Code; | 12867 |
| (d) Cash assistance payments under the Ohio works first | 12868 |
| program, as exempted by section 5107.75 of the Revised Code; | 12869 |
| (e) Benefits and services under the prevention, retention, | 12870 |
| and contingency program, as exempted by section 5108.08 of the | 12871 |
| Revised Code; | 12872 |
| (f) Disability financial assistance payments, as exempted by | 12873 |
| section 5115.06 of the Revised Code. | 12874 |
| (10)(a) Except in cases in which the person was convicted of | 12875 |
| or pleaded guilty to a violation of section 2921.41 of the Revised | 12876 |
| Code and in which an order for the withholding of restitution from | 12877 |
| payments was issued under division (C)(2)(b) of that section or in | 12878 |
| cases in which an order for withholding was issued under section | 12879 |
| 2907.15 of the Revised Code, and only to the extent provided in | 12880 |
| the order, and except as provided in sections 3105.171, 3105.63, | 12881 |
| 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised | 12882 |
| Code, the person's right to a pension, benefit, annuity, | 12883 |
| retirement allowance, or accumulated contributions, the person's | 12884 |
| right to a participant account in any deferred compensation | 12885 |
| program offered by the Ohio public employees deferred compensation | 12886 |
| board, a government unit, or a municipal corporation, or the | 12887 |
| person's other accrued or accruing rights, as exempted by section | 12888 |
| 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 12889 |
| the Revised Code, and the person's right to benefits from the Ohio | 12890 |
| public safety officers death benefit fund; | 12891 |
| (b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 12892 |
| 3121.03, and 3123.06 of the Revised Code, the person's right to | 12893 |
| receive a payment under any pension, annuity, or similar plan or | 12894 |
| contract, not including a payment from a stock bonus or | 12895 |
| profit-sharing plan or a payment included in division (A)(6)(b) or | 12896 |
| (10)(a) of this section, on account of illness, disability, death, | 12897 |
| age, or length of service, to the extent reasonably necessary for | 12898 |
| the support of the person and any of the person's dependents, | 12899 |
| except if all the following apply: | 12900 |
| (i) The plan or contract was established by or under the | 12901 |
| auspices of an insider that employed the person at the time the | 12902 |
| person's rights under the plan or contract arose. | 12903 |
| (ii) The payment is on account of age or length of service. | 12904 |
| (iii) The plan or contract is not qualified under the | 12905 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 12906 |
| amended. | 12907 |
| (c) Except for any portion of the assets that were deposited | 12908 |
| for the purpose of evading the payment of any debt and except as | 12909 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 12910 |
| 3123.06 of the Revised Code, the person's right in the assets held | 12911 |
| in, or to receive any payment under, any individual retirement | 12912 |
| account, individual retirement annuity, "Roth IRA," or education | 12913 |
| individual retirement account that provides benefits by reason of | 12914 |
| illness, disability, death, or age, to the extent that the assets, | 12915 |
| payments, or benefits described in division (A)(10)(c) of this | 12916 |
| section are attributable to any of the following: | 12917 |
| (i) Contributions of the person that were less than or equal | 12918 |
| to the applicable limits on deductible contributions to an | 12919 |
| individual retirement account or individual retirement annuity in | 12920 |
| the year that the contributions were made, whether or not the | 12921 |
| person was eligible to deduct the contributions on the person's | 12922 |
| federal tax return for the year in which the contributions were | 12923 |
| made; | 12924 |
| (ii) Contributions of the person that were less than or equal | 12925 |
| to the applicable limits on contributions to a Roth IRA or | 12926 |
| education individual retirement account in the year that the | 12927 |
| contributions were made; | 12928 |
| (iii) Contributions of the person that are within the | 12929 |
| applicable limits on rollover contributions under subsections 219, | 12930 |
| 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 12931 |
| 408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 12932 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 12933 |
| (d) Except for any portion of the assets that were deposited | 12934 |
| for the purpose of evading the payment of any debt and except as | 12935 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 12936 |
| 3123.06 of the Revised Code, the person's right in the assets held | 12937 |
| in, or to receive any payment under, any Keogh or "H.R. 10" plan | 12938 |
| that provides benefits by reason of illness, disability, death, or | 12939 |
| age, to the extent reasonably necessary for the support of the | 12940 |
| person and any of the person's dependents. | 12941 |
| (11) The person's right to receive spousal support, child | 12942 |
| support, an allowance, or other maintenance to the extent | 12943 |
| reasonably necessary for the support of the person and any of the | 12944 |
| person's dependents; | 12945 |
| (12) The person's right to receive, or moneys received during | 12946 |
| the preceding twelve calendar months from, any of the following: | 12947 |
| (a) An award of reparations under sections 2743.51 to 2743.72 | 12948 |
| of the Revised Code, to the extent exempted by division (D) of | 12949 |
| section 2743.66 of the Revised Code; | 12950 |
| (b) A payment on account of the wrongful death of an | 12951 |
| individual of whom the person was a dependent on the date of the | 12952 |
| individual's death, to the extent reasonably necessary for the | 12953 |
| support of the person and any of the person's dependents; | 12954 |
| (c) Except in cases in which the person who receives the | 12955 |
| payment is an inmate, as defined in section 2969.21 of the Revised | 12956 |
| Code, and in which the payment resulted from a civil action or | 12957 |
| appeal against a government entity or employee, as defined in | 12958 |
| section 2969.21 of the Revised Code, a payment, not to exceed five | 12959 |
| thousand dollars, on account of personal bodily injury, not | 12960 |
| including pain and suffering or compensation for actual pecuniary | 12961 |
| loss, of the person or an individual for whom the person is a | 12962 |
| dependent; | 12963 |
| (d) A payment in compensation for loss of future earnings of | 12964 |
| the person or an individual of whom the person is or was a | 12965 |
| dependent, to the extent reasonably necessary for the support of | 12966 |
| the debtor and any of the debtor's dependents. | 12967 |
| (13) Except as provided in sections 3119.80, 3119.81, | 12968 |
| 3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 12969 |
| earnings of the person owed to the person for services in an | 12970 |
| amount equal to the greater of the following amounts: | 12971 |
| (a) If paid weekly, thirty times the current federal minimum | 12972 |
| hourly wage; if paid biweekly, sixty times the current federal | 12973 |
| minimum hourly wage; if paid semimonthly, sixty-five times the | 12974 |
| current federal minimum hourly wage; or if paid monthly, one | 12975 |
| hundred thirty times the current federal minimum hourly wage that | 12976 |
| is in effect at the time the earnings are payable, as prescribed | 12977 |
| by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 12978 |
| U.S.C. 206(a)(1), as amended; | 12979 |
| (b) Seventy-five per cent of the disposable earnings owed to | 12980 |
| the person. | 12981 |
| (14) The person's right in specific partnership property, as | 12982 |
| exempted by division (B)(3) of section 1775.24 of the Revised | 12983 |
| Code; | 12984 |
| (15) A seal and official register of a notary public, as | 12985 |
| exempted by section 147.04 of the Revised Code; | 12986 |
| (16) The person's interest in a tuition | 12987 |
| payment under section 3334.09 of the Revised Code pursuant to a | 12988 |
| tuition
| 12989 |
| the Revised Code; | 12990 |
| (17) Any other property that is specifically exempted from | 12991 |
| execution, attachment, garnishment, or sale by federal statutes | 12992 |
| other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 12993 |
| U.S.C.A. 101, as amended; | 12994 |
| (18) The person's interest, not to exceed four hundred | 12995 |
| dollars, in any property, except that division (A)(18) of this | 12996 |
| section applies only in bankruptcy proceedings. | 12997 |
| (B) As used in this section: | 12998 |
| (1) "Disposable earnings" means net earnings after the | 12999 |
| garnishee has made deductions required by law, excluding the | 13000 |
| deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 13001 |
| 3121.03, or 3123.06 of the Revised Code. | 13002 |
| (2) "Insider" means: | 13003 |
| (a) If the person who claims an exemption is an individual, a | 13004 |
| relative of the individual, a relative of a general partner of the | 13005 |
| individual, a partnership in which the individual is a general | 13006 |
| partner, a general partner of the individual, or a corporation of | 13007 |
| which the individual is a director, officer, or in control; | 13008 |
| (b) If the person who claims an exemption is a corporation, a | 13009 |
| director or officer of the corporation; a person in control of the | 13010 |
| corporation; a partnership in which the corporation is a general | 13011 |
| partner; a general partner of the corporation; or a relative of a | 13012 |
| general partner, director, officer, or person in control of the | 13013 |
| corporation; | 13014 |
| (c) If the person who claims an exemption is a partnership, a | 13015 |
| general partner in the partnership; a general partner of the | 13016 |
| partnership; a person in control of the partnership; a partnership | 13017 |
| in which the partnership is a general partner; or a relative in, a | 13018 |
| general partner of, or a person in control of the partnership; | 13019 |
| (d) An entity or person to which or whom any of the following | 13020 |
| applies: | 13021 |
| (i) The entity directly or indirectly owns, controls, or | 13022 |
| holds with power to vote, twenty per cent or more of the | 13023 |
| outstanding voting securities of the person who claims an | 13024 |
| exemption, unless the entity holds the securities in a fiduciary | 13025 |
| or agency capacity without sole discretionary power to vote the | 13026 |
| securities or holds the securities solely to secure to debt and | 13027 |
| the entity has not in fact exercised the power to vote. | 13028 |
| (ii) The entity is a corporation, twenty per cent or more of | 13029 |
| whose outstanding voting securities are directly or indirectly | 13030 |
| owned, controlled, or held with power to vote, by the person who | 13031 |
| claims an exemption or by an entity to which division (B)(2)(d)(i) | 13032 |
| of this section applies. | 13033 |
| (iii) A person whose business is operated under a lease or | 13034 |
| operating agreement by the person who claims an exemption, or a | 13035 |
| person substantially all of whose business is operated under an | 13036 |
| operating agreement with the person who claims an exemption. | 13037 |
| (iv) The entity operates the business or all or substantially | 13038 |
| all of the property of the person who claims an exemption under a | 13039 |
| lease or operating agreement. | 13040 |
| (e) An insider, as otherwise defined in this section, of a | 13041 |
| person or entity to which division (B)(2)(d)(i), (ii), (iii), or | 13042 |
| (iv) of this section applies, as if the person or entity were a | 13043 |
| person who claims an exemption; | 13044 |
| (f) A managing agent of the person who claims an exemption. | 13045 |
| (3) "Participant account" has the same meaning as in section | 13046 |
| 148.01 of the Revised Code. | 13047 |
| (4) "Government unit" has the same meaning as in section | 13048 |
| 148.06 of the Revised Code. | 13049 |
| (C) For purposes of this section, "interest" shall be | 13050 |
| determined as follows: | 13051 |
| (1) In bankruptcy proceedings, as of the date a petition is | 13052 |
| filed with the bankruptcy court commencing a case under Title 11 | 13053 |
| of the United States Code; | 13054 |
| (2) In all cases other than bankruptcy proceedings, as of the | 13055 |
| date of an appraisal, if necessary under section 2329.68 of the | 13056 |
| Revised Code, or the issuance of a writ of execution. | 13057 |
| An interest, as determined under division (C)(1) or (2) of | 13058 |
| this section, shall not include the amount of any lien otherwise | 13059 |
| valid pursuant to section 2329.661 of the Revised Code. | 13060 |
| Sec. 2744.05. Notwithstanding any other provisions of the | 13061 |
| Revised Code or rules of a court to the contrary, in an action | 13062 |
| against a political subdivision to recover damages for injury, | 13063 |
| death, or loss to person or property caused by an act or omission | 13064 |
| in connection with a governmental or proprietary function: | 13065 |
| (A) Punitive or exemplary damages shall not be awarded. | 13066 |
| (B)(1) If a claimant receives or is entitled to receive | 13067 |
| benefits for injuries or loss allegedly incurred from a policy or | 13068 |
| policies of insurance or any other source, the benefits shall be | 13069 |
| disclosed to the court, and the amount of the benefits shall be | 13070 |
| deducted from any award against a political subdivision recovered | 13071 |
| by that claimant. No insurer or other person is entitled to bring | 13072 |
| an action under a subrogation provision in an insurance or other | 13073 |
| contract against a political subdivision with respect to those | 13074 |
| benefits. | 13075 |
| The amount of the benefits shall be deducted from an award | 13076 |
| against a political subdivision under division (B)(1) of this | 13077 |
| section regardless of whether the claimant may be under an | 13078 |
| obligation to pay back the benefits upon recovery, in whole or in | 13079 |
| part, for the claim. A claimant whose benefits have been deducted | 13080 |
| from an award under division (B)(1) of this section is not | 13081 |
| considered fully compensated and shall not be required to | 13082 |
| reimburse a subrogated claim for benefits deducted from an award | 13083 |
| pursuant to division (B)(1) of this section. | 13084 |
| (2) Nothing in division (B)(1) of this section shall be | 13085 |
| construed to do either of the following: | 13086 |
| (a) Limit the rights of a beneficiary under a life insurance | 13087 |
| policy or the rights of sureties under fidelity or surety bonds; | 13088 |
| (b) Prohibit the department of job and family services from | 13089 |
| recovering from the political subdivision, pursuant to section | 13090 |
| 5101.58 of the Revised Code, the cost of medical assistance | 13091 |
|
benefits provided under Chapter 5107. | 13092 |
| Revised Code. | 13093 |
| (C)(1) There shall not be any limitation on compensatory | 13094 |
| damages that represent the actual loss of the person who is | 13095 |
| awarded the damages. However, except in wrongful death actions | 13096 |
| brought pursuant to Chapter 2125. of the Revised Code, damages | 13097 |
| that arise from the same cause of action, transaction or | 13098 |
| occurrence, or series of transactions or occurrences and that do | 13099 |
| not represent the actual loss of the person who is awarded the | 13100 |
| damages shall not exceed two hundred fifty thousand dollars in | 13101 |
| favor of any one person. The limitation on damages that do not | 13102 |
| represent the actual loss of the person who is awarded the damages | 13103 |
| provided in this division does not apply to court costs that are | 13104 |
| awarded to a plaintiff, or to interest on a judgment rendered in | 13105 |
| favor of a plaintiff, in an action against a political | 13106 |
| subdivision. | 13107 |
| (2) As used in this division, "the actual loss of the person | 13108 |
| who is awarded the damages" includes all of the following: | 13109 |
| (a) All wages, salaries, or other compensation lost by the | 13110 |
| person injured as a result of the injury, including wages, | 13111 |
| salaries, or other compensation lost as of the date of a judgment | 13112 |
| and future expected lost earnings of the person injured; | 13113 |
| (b) All expenditures of the person injured or another person | 13114 |
| on behalf of the person injured for medical care or treatment, for | 13115 |
| rehabilitation services, or for other care, treatment, services, | 13116 |
| products, or accommodations that were necessary because of the | 13117 |
| injury; | 13118 |
| (c) All expenditures to be incurred in the future, as | 13119 |
| determined by the court, by the person injured or another person | 13120 |
| on behalf of the person injured for medical care or treatment, for | 13121 |
| rehabilitation services, or for other care, treatment, services, | 13122 |
| products, or accommodations that will be necessary because of the | 13123 |
| injury; | 13124 |
| (d) All expenditures of a person whose property was injured | 13125 |
| or destroyed or of another person on behalf of the person whose | 13126 |
| property was injured or destroyed in order to repair or replace | 13127 |
| the property that was injured or destroyed; | 13128 |
| (e) All expenditures of the person injured or of the person | 13129 |
| whose property was injured or destroyed or of another person on | 13130 |
| behalf of the person injured or of the person whose property was | 13131 |
| injured or destroyed in relation to the actual preparation or | 13132 |
| presentation of the claim involved; | 13133 |
| (f) Any other expenditures of the person injured or of the | 13134 |
| person whose property was injured or destroyed or of another | 13135 |
| person on behalf of the person injured or of the person whose | 13136 |
| property was injured or destroyed that the court determines | 13137 |
| represent an actual loss experienced because of the personal or | 13138 |
| property injury or property loss. | 13139 |
| "The actual loss of the person who is awarded the damages" | 13140 |
| does not include any fees paid or owed to an attorney for any | 13141 |
| services rendered in relation to a personal or property injury or | 13142 |
| property loss, and does not include any damages awarded for pain | 13143 |
| and suffering, for the loss of society, consortium, companionship, | 13144 |
| care, assistance, attention, protection, advice, guidance, | 13145 |
| counsel, instruction, training, or education of the person | 13146 |
| injured, for mental anguish, or for any other intangible loss. | 13147 |
| Sec. 2901.07. (A) As used in this section: | 13148 |
| (1) "DNA analysis" and "DNA specimen" have the same meanings | 13149 |
| as in section 109.573 of the Revised Code. | 13150 |
| (2) "Jail" and "community-based correctional facility" have | 13151 |
| the same meanings as in section 2929.01 of the Revised Code. | 13152 |
| (3) "Post-release control" has the same meaning as in section | 13153 |
| 2967.01 of the Revised Code. | 13154 |
| (B)(1) A person who is convicted of or pleads guilty to a | 13155 |
| felony offense listed in division (D) of this section and who is | 13156 |
| sentenced to a prison term or to a community residential sanction | 13157 |
| in a jail or community-based correctional facility pursuant to | 13158 |
| section 2929.16 of the Revised Code, and a person who is convicted | 13159 |
| of or pleads guilty to a misdemeanor offense listed in division | 13160 |
| (D) of this section and who is sentenced to a term of imprisonment | 13161 |
| shall submit to a DNA specimen collection procedure administered | 13162 |
| by the director of rehabilitation and correction or the chief | 13163 |
| administrative officer of the jail or other detention facility in | 13164 |
| which the person is serving the term of imprisonment. If the | 13165 |
| person serves the prison term in a state correctional institution, | 13166 |
| the director of rehabilitation and correction shall cause the DNA | 13167 |
| specimen to be collected from the person during the intake process | 13168 |
| at the reception facility designated by the director. If the | 13169 |
| person serves the community residential sanction or term of | 13170 |
| imprisonment in a jail, a community-based correctional facility, | 13171 |
| or another county, multicounty, municipal, municipal-county, or | 13172 |
| multicounty-municipal detention facility, the chief administrative | 13173 |
| officer of the jail, community-based correctional facility, or | 13174 |
| detention facility shall cause the DNA specimen to be collected | 13175 |
| from the person during the intake process at the jail, | 13176 |
| community-based correctional facility, or detention facility. In | 13177 |
| accordance with division (C) of this section, the director or the | 13178 |
| chief administrative officer shall cause the DNA specimen to be | 13179 |
| forwarded to the bureau of criminal identification and | 13180 |
| investigation no later than fifteen days after the date of the | 13181 |
| collection of the DNA specimen. The DNA specimen shall be | 13182 |
| collected in accordance with division (C) of this section. | 13183 |
| (2) If a person is convicted of or pleads guilty to an | 13184 |
| offense listed in division (D) of this section, is serving a | 13185 |
| prison term, community residential sanction, or term of | 13186 |
| imprisonment for that offense, and does not provide a DNA specimen | 13187 |
| pursuant to division (B)(1) of this section, prior to the person's | 13188 |
| release from the prison term, community residential sanction, or | 13189 |
| imprisonment, the person shall submit to, and the director of | 13190 |
| rehabilitation and correction or the chief administrative officer | 13191 |
| of the jail, community-based correctional facility, or detention | 13192 |
| facility in which the person is serving the prison term, community | 13193 |
| residential sanction, or term of imprisonment shall administer, a | 13194 |
| DNA specimen collection procedure at the state correctional | 13195 |
| institution, jail, community-based correctional facility, or | 13196 |
| detention facility in which the person is serving the prison term, | 13197 |
| community residential sanction, or term of imprisonment. In | 13198 |
| accordance with division (C) of this section, the director or the | 13199 |
| chief administrative officer shall cause the DNA specimen to be | 13200 |
| forwarded to the bureau of criminal identification and | 13201 |
| investigation no later than fifteen days after the date of the | 13202 |
| collection of the DNA specimen. The DNA specimen shall be | 13203 |
| collected in accordance with division (C) of this section. | 13204 |
| (3) If a person sentenced to a term of imprisonment or | 13205 |
| serving a prison term or community residential sanction for | 13206 |
| committing an offense listed in division (D) of this section is on | 13207 |
| probation, is released on parole, under transitional control, or | 13208 |
| on another type of release, or is on post-release control, if the | 13209 |
| person is under the supervision of a probation department or the | 13210 |
| adult parole authority, if the person is sent to jail or is | 13211 |
| returned to a jail, community-based correctional facility, or | 13212 |
| state correctional institution for a violation of the terms and | 13213 |
| conditions of the probation, parole, transitional control, other | 13214 |
| release, or post-release control, if the person was or will be | 13215 |
| serving a term of imprisonment, prison term, or community | 13216 |
| residential sanction for committing an offense listed in division | 13217 |
| (D) of this section, and if the person did not provide a DNA | 13218 |
| specimen pursuant to division (B)(1) or (2) of this section, the | 13219 |
| person shall submit to, and the director of rehabilitation and | 13220 |
| correction or the chief administrative officer of the jail or | 13221 |
| community-based correctional facility shall administer, a DNA | 13222 |
| specimen collection procedure at the jail, community-based | 13223 |
| correctional facility, or state correctional institution in which | 13224 |
| the person is serving the term of imprisonment, prison term, or | 13225 |
| community residential sanction. In accordance with division (C) of | 13226 |
| this section, the director or the chief administrative officer | 13227 |
| shall cause the DNA specimen to be forwarded to the bureau of | 13228 |
| criminal identification and investigation no later than fifteen | 13229 |
| days after the date of the collection of the DNA specimen. The DNA | 13230 |
| specimen shall be collected from the person in accordance with | 13231 |
| division (C) of this section. | 13232 |
| (C) If the DNA specimen is collected by withdrawing blood | 13233 |
| from the person or a similarly invasive procedure, a physician, | 13234 |
| registered nurse, licensed practical nurse, duly licensed clinical | 13235 |
| laboratory technician, or other qualified medical practitioner | 13236 |
| shall collect in a medically approved manner the DNA specimen | 13237 |
| required to be collected pursuant to division (B) of this section. | 13238 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 13239 |
| similarly noninvasive procedure, this section does not require | 13240 |
| that the DNA specimen be collected by a qualified medical | 13241 |
| practitioner of that nature. No later than fifteen days after the | 13242 |
| date of the collection of the DNA specimen, the director of | 13243 |
| rehabilitation and correction or the chief administrative officer | 13244 |
| of the jail, community-based correctional facility, or other | 13245 |
| county, multicounty, municipal, municipal-county, or | 13246 |
| multicounty-municipal detention facility, in which the person is | 13247 |
| serving the prison term, community residential sanction, or term | 13248 |
| of imprisonment shall cause the DNA specimen to be forwarded to | 13249 |
| the bureau of criminal identification and investigation in | 13250 |
| accordance with procedures established by the superintendent of | 13251 |
| the bureau under division (H) of section 109.573 of the Revised | 13252 |
| Code. The bureau shall provide the specimen vials, mailing tubes, | 13253 |
| labels, postage, and instructions needed for the collection and | 13254 |
| forwarding of the DNA specimen to the bureau. | 13255 |
| (D) The director of rehabilitation and correction and the | 13256 |
| chief administrative officer of the jail, community-based | 13257 |
| correctional facility, or other county, multicounty, municipal, | 13258 |
| municipal-county, or multicounty-municipal detention facility | 13259 |
| shall cause a DNA specimen to be collected in accordance with | 13260 |
| divisions (B) and (C) of this section from a person in its custody | 13261 |
| who is convicted of or pleads guilty to any of the following | 13262 |
| offenses: | 13263 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 13264 |
| 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02, | 13265 |
| 2911.11, or 2911.12 of the Revised Code; | 13266 |
| (2) A violation of section 2907.12 of the Revised Code as it | 13267 |
| existed prior to September 3, 1996; | 13268 |
| (3) An attempt to commit a violation of section 2903.01, | 13269 |
| 2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code | 13270 |
| or to commit a violation of section 2907.12 of the Revised Code as | 13271 |
| it existed prior to September 3, 1996; | 13272 |
| (4) A violation of any law that arose out of the same facts | 13273 |
| and circumstances and same act as did a charge against the person | 13274 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 13275 |
| 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that | 13276 |
| previously was dismissed or amended or as did a charge against the | 13277 |
| person of a violation of section 2907.12 of the Revised Code as it | 13278 |
| existed prior to September 3, 1996, that previously was dismissed | 13279 |
| or amended; | 13280 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 13281 |
| Code that would have been a violation of section 2905.04 of the | 13282 |
| Revised Code as it existed prior to July 1, 1996, had it been | 13283 |
| committed prior to that date; | 13284 |
| (6) A sexually oriented offense or a child-victim oriented | 13285 |
| offense, both as defined in section 2950.01 of the Revised Code, | 13286 |
| if, in relation to that offense, the offender has been adjudicated | 13287 |
| a sexual predator or a child-victim predator, both as defined in | 13288 |
| section 2950.01 of the Revised Code; | 13289 |
| (7) A felony violation of any law that arose out of the same | 13290 |
| facts and circumstances and same act as did a charge against the | 13291 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 13292 |
| 2911.12 of the Revised Code that previously was dismissed or | 13293 |
| amended; | 13294 |
| (8) A conspiracy to commit a violation of section 2903.01, | 13295 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 13296 |
| Revised Code; | 13297 |
| (9) Complicity in committing a violation of section 2903.01, | 13298 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 13299 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 13300 |
| violation of section 2907.12 of the Revised Code as it existed | 13301 |
| prior to September 3, 1996. | 13302 |
| (E) The director of rehabilitation and correction or a chief | 13303 |
| administrative officer of a jail, community-based correctional | 13304 |
| facility, or other detention facility described in division (B) of | 13305 |
| this section in relation to the following offenses is not required | 13306 |
| to comply with this section until the superintendent of the bureau | 13307 |
| of criminal identification and investigation gives agencies in the | 13308 |
|
criminal justice system, as
defined in section | 13309 |
| the Revised Code, in the state official notification that the | 13310 |
| state DNA laboratory is prepared to accept DNA specimens of that | 13311 |
| nature: | 13312 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 13313 |
| 2911.12 of the Revised Code; | 13314 |
| (2) An attempt to commit a violation of section 2903.01 or | 13315 |
| 2903.02 of the Revised Code; | 13316 |
| (3) A felony violation of any law that arose out of the same | 13317 |
| facts and circumstances and same act as did a charge against the | 13318 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 13319 |
| 2911.12 of the Revised Code that previously was dismissed or | 13320 |
| amended; | 13321 |
| (4) A conspiracy to commit a violation of section 2903.01, | 13322 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 13323 |
| Revised Code; | 13324 |
| (5) Complicity in committing a violation of section 2903.01, | 13325 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 13326 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 13327 |
| violation of section 2907.12 of the Revised Code as it existed | 13328 |
| prior to September 3, 1996. | 13329 |
| Sec. 2923.25. Each federally licensed firearms dealer who | 13330 |
| sells any firearm, at the time of the sale of the firearm, shall | 13331 |
| offer for sale to the purchaser of the firearm a trigger lock, gun | 13332 |
| lock, or gun locking device that is appropriate for that firearm. | 13333 |
| Each federally licensed firearms dealer shall post in a | 13334 |
| conspicuous location in the dealer's place of business the poster | 13335 |
| furnished to the dealer pursuant to section | 13336 |
| Revised Code and shall make available to all purchasers of | 13337 |
| firearms from the dealer the brochure furnished to the dealer | 13338 |
| pursuant to that section. | 13339 |
| As used in this section, "federally licensed firearms dealer" | 13340 |
| has the same meaning as in section | 13341 |
| Code. | 13342 |
| Sec. 3107.10. (A) Notwithstanding section 3107.01 of the | 13343 |
| Revised Code, as used in this section, "agency" does not include a | 13344 |
| public children services agency. | 13345 |
| (B) An agency or attorney, whichever arranges a minor's | 13346 |
| adoption, shall file with the court a preliminary estimate | 13347 |
| accounting not later than the time the adoption petition for the | 13348 |
| minor is filed with the court. The agency or attorney, whichever | 13349 |
| arranges the adoption, also shall file a final accounting with the | 13350 |
| court before a final decree of adoption is issued or an | 13351 |
| interlocutory order of adoption is finalized for the minor. The | 13352 |
| agency or attorney shall complete and file accountings in a manner | 13353 |
| acceptable to the court. | 13354 |
| An accounting shall specify all disbursements of anything of | 13355 |
| value the petitioner, a person on the petitioner's behalf, and the | 13356 |
| agency or attorney made and has agreed to make in connection with | 13357 |
| the minor's permanent surrender under division (B) of section | 13358 |
| 5103.15 of the Revised Code, placement under section 5103.16 of | 13359 |
| the Revised Code, and adoption under this chapter. The agency or | 13360 |
| attorney shall include in an accounting an itemization of each | 13361 |
| expense listed in division (C) of this section. The itemization of | 13362 |
| the expenses specified in divisions (C)(3) and (4) of this section | 13363 |
| shall show the amount the agency or attorney charged or is going | 13364 |
| to charge for the services and the actual cost to the agency or | 13365 |
| attorney of providing the services. An accounting shall indicate | 13366 |
| whether any expenses listed in division (C) of this section do not | 13367 |
| apply to the adoption proceeding for which the accounting is | 13368 |
| filed. | 13369 |
| The agency or attorney shall include with a preliminary | 13370 |
| estimate accounting and a final accounting a written statement | 13371 |
| signed by the petitioner that the petitioner has reviewed the | 13372 |
| accounting and attests to its accuracy. | 13373 |
| (C) No petitioner, person acting on a petitioner's behalf, or | 13374 |
| agency or attorney shall make or agree to make any disbursements | 13375 |
| in connection with the minor's permanent surrender, placement, or | 13376 |
| adoption other than for the following: | 13377 |
| (1) Physician expenses incurred on behalf of the birth mother | 13378 |
| or minor in connection with prenatal care, delivery, and | 13379 |
| confinement prior to or following the minor's birth; | 13380 |
| (2) Hospital or other medical facility expenses incurred on | 13381 |
| behalf of the birth mother or minor in connection with the minor's | 13382 |
| birth; | 13383 |
| (3) Expenses charged by the attorney arranging the adoption | 13384 |
| for providing legal services in connection with the placement and | 13385 |
| adoption, including expenses incurred by the attorney pursuant to | 13386 |
| sections 3107.031, 3107.081, 3107.082, 3107.09, and 3107.12 of the | 13387 |
| Revised Code; | 13388 |
| (4) Expenses charged by the agency arranging the adoption for | 13389 |
| providing services in connection with the permanent surrender and | 13390 |
| adoption, including the agency's application fee and the expenses | 13391 |
| incurred by the agency pursuant to sections 3107.031, 3107.09, | 13392 |
| 3107.12, 5103.151, and 5103.152 of the Revised Code; | 13393 |
| (5) Temporary costs of routine maintenance and medical care | 13394 |
| for a minor required under section 5103.16 of the Revised Code if | 13395 |
| the person seeking to adopt the minor refuses to accept placement | 13396 |
| of the minor; | 13397 |
| (6) Guardian ad litem fees incurred on behalf of the minor in | 13398 |
| any court proceedings; | 13399 |
| (7) Foster care expenses incurred in connection with any | 13400 |
| temporary care and maintenance of the minor; | 13401 |
| (8) Court expenses incurred in connection with the minor's | 13402 |
| permanent surrender, placement, and adoption. | 13403 |
| (D) If a court determines from an accounting that an amount | 13404 |
| that is going to be disbursed for an expense listed in division | 13405 |
| (C) of this section is unreasonable, the court may order a | 13406 |
| reduction in the amount to be disbursed. If a court determines | 13407 |
| from an accounting that an unreasonable amount was disbursed for | 13408 |
| an expense listed in division (C) of this section, the court may | 13409 |
| order the person who received the disbursement to refund to the | 13410 |
| person who made the disbursement an amount the court orders. | 13411 |
| If a court determines from an accounting that a disbursement | 13412 |
| for an expense not permitted by division (C) of this section is | 13413 |
| going to be made, the court may issue an injunction prohibiting | 13414 |
| the disbursement. If a court determines from an accounting that a | 13415 |
| disbursement for an expense not permitted by division (C) of this | 13416 |
| section was made, the court may order the person who received the | 13417 |
| disbursement to return it to the person who made the disbursement. | 13418 |
| If a court determines that a final accounting does not | 13419 |
| completely report all the disbursements that are going to be made | 13420 |
| or have been made in connection with the minor's permanent | 13421 |
| surrender, placement, and adoption, the court shall order the | 13422 |
| agency or attorney to file with the court an accounting that | 13423 |
| completely reports all such disbursements. | 13424 |
| The agency or attorney shall file the final accounting with | 13425 |
| the court not later than ten days prior to the date scheduled for | 13426 |
| the final hearing on the adoption. The court may not issue a final | 13427 |
| decree of adoption or finalize an interlocutory order of adoption | 13428 |
| of a minor until at least ten days after the agency or attorney | 13429 |
| files the final accounting. | 13430 |
| (E) | 13431 |
| 13432 | |
| 13433 | |
| 13434 | |
| 13435 |
| | 13436 |
| 13437 | |
| 13438 | |
| 13439 | |
| 13440 |
| | 13441 |
| 13442 | |
| 13443 | |
| 13444 | |
| 13445 |
| | 13446 |
| 13447 |
| | 13448 |
| 13449 | |
| 13450 | |
| 13451 |
| | 13452 |
| stepparent whose spouse is a biological or adoptive parent of the | 13453 |
| minor. | 13454 |
| Sec. 3111.04. (A) An action to determine the existence or | 13455 |
| nonexistence of the father and child relationship may be brought | 13456 |
| by the child or the child's personal representative, the child's | 13457 |
| mother or her personal representative, a man alleged or alleging | 13458 |
| himself to be the child's father, the child support enforcement | 13459 |
| agency of the county in which the child resides if the child's | 13460 |
| mother is a recipient of public assistance or of services under | 13461 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 13462 |
| U.S.C.A. 651, as amended, or the alleged father's personal | 13463 |
| representative. | 13464 |
| (B) An agreement does not bar an action under this section. | 13465 |
| (C) If an action under this section is brought before the | 13466 |
| birth of the child and if the action is contested, all | 13467 |
| proceedings, except service of process and the taking of | 13468 |
| depositions to perpetuate testimony, may be stayed until after the | 13469 |
| birth. | 13470 |
| (D) A recipient of public assistance or of services under | 13471 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 13472 |
| U.S.C.A. 651, as amended, shall cooperate with the child support | 13473 |
| enforcement agency of the county in which a child resides to | 13474 |
| obtain an administrative determination pursuant to sections | 13475 |
| 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court | 13476 |
| determination pursuant to sections 3111.01 to 3111.18 of the | 13477 |
| Revised Code, of the existence or nonexistence of a parent and | 13478 |
| child relationship between the father and the child. If the | 13479 |
| recipient fails to cooperate, the agency may commence an action to | 13480 |
| determine the existence or nonexistence of a parent and child | 13481 |
| relationship between the father and the child pursuant to sections | 13482 |
| 3111.01 to 3111.18 of the Revised Code. | 13483 |
| (E) As used in this section, "public assistance" means | 13484 |
| medical assistance under Chapter 5111. of the Revised Code, | 13485 |
| assistance under Chapter 5107. of the Revised Code, or disability | 13486 |
| financial assistance under Chapter
5115. of the Revised Code | 13487 |
| 13488 | |
| 13489 |
| Sec. 3119.54. If either party to a child support order | 13490 |
| issued in accordance with section 3119.30 of the Revised Code is | 13491 |
|
eligible
for medical assistance under Chapter
5111. | 13492 |
| the Revised Code and the other party has obtained health insurance | 13493 |
| coverage, the party eligible for medical assistance shall notify | 13494 |
| any physician, hospital, or other provider of medical services for | 13495 |
| which medical assistance is available of the name and address of | 13496 |
| the other party's insurer and of the number of the other party's | 13497 |
| health insurance or health care policy, contract, or plan. Any | 13498 |
| physician, hospital, or other provider of medical services for | 13499 |
|
which medical assistance is
available under Chapter 5111. | 13500 |
| of the Revised Code who is notified under this division of the | 13501 |
| existence of a health insurance or health care policy, contract, | 13502 |
| or plan with coverage for children who are eligible for medical | 13503 |
| assistance shall first bill the insurer for any services provided | 13504 |
| for those children. If the insurer fails to pay all or any part of | 13505 |
| a claim filed under this section and the services for which the | 13506 |
|
claim is filed are
covered
by
Chapter 5111. | 13507 |
| Revised Code, the physician, hospital, or other medical services | 13508 |
| provider shall bill the remaining unpaid costs of the services in | 13509 |
|
accordance with
Chapter 5111. | 13510 |
| Sec. 3121.12. (A) On receipt of a notice that a lump sum | 13511 |
| payment of one hundred fifty dollars or more is to be paid to the | 13512 |
| obligor, the court, with respect to a court support order, or the | 13513 |
| child support enforcement agency, with respect to an | 13514 |
| administrative child support order, shall do either of the | 13515 |
| following: | 13516 |
| (1) If the obligor is in default under the support order or | 13517 |
| has any arrearages under the support order, issue an order | 13518 |
| requiring the transmittal of the lump sum payment, or any portion | 13519 |
| of the lump sum payment sufficient to pay the arrearage in full, | 13520 |
| to the office of child support; | 13521 |
| (2) If the obligor is not in default under the support order | 13522 |
| and does not have any arrearages under the support order, issue an | 13523 |
| order directing the person who gave the notice to the court or | 13524 |
| agency to immediately pay the full amount of the lump sum payment | 13525 |
| to the obligor. | 13526 |
| (B) | 13527 |
| child support pursuant to division
(A) of this section | 13528 |
| 13529 | |
| 13530 | |
| 13531 | |
| 13532 | |
| 13533 | |
| adopted under section 3121.71 of the Revised Code. | 13534 |
| (C) A court that issued an order prior to January 1, 1998, | 13535 |
| requiring an employer to withhold an amount from an obligor's | 13536 |
| personal earnings for the payment of support shall issue a | 13537 |
| supplemental order that does not change the original order or the | 13538 |
| related support order requiring the employer to do all of the | 13539 |
| following: | 13540 |
| (1) No later than the earlier of forty-five days before a | 13541 |
| lump sum payment is to be made or, if the obligor's right to a | 13542 |
| lump sum payment is determined less than forty-five days before it | 13543 |
| is to be made, the date on which that determination is made, | 13544 |
| notify the child support enforcement agency of any lump sum | 13545 |
| payment of any kind of one hundred fifty dollars or more that is | 13546 |
| to be paid to the obligor; | 13547 |
| (2) Hold the lump sum payment for thirty days after the date | 13548 |
| on which it would otherwise be paid to the obligor; | 13549 |
| (3) On order of the court, pay any specified amount of the | 13550 |
| lump sum payment to the office of child support. | 13551 |
| (D) An employer that knowingly fails to notify the child | 13552 |
| support enforcement agency in accordance with this section or | 13553 |
| section 3121.03 of the Revised Code of any lump sum payment to be | 13554 |
| made to an obligor is liable for any support payment not made to | 13555 |
| the obligee as a result of its knowing failure to give the notice. | 13556 |
| Sec. 3121.50. On receipt of any amount forwarded from a | 13557 |
| payor or financial institution, the office of child support shall | 13558 |
| distribute the amount to the obligee within two business days of | 13559 |
| its receipt of the amount
forwarded. | 13560 |
| prohibited from doing so by a law of this state or the United | 13561 |
| States, the office may distribute the amount by means of | 13562 |
| electronic disbursement, and the obligee shall accept payment by | 13563 |
| means of electronic disbursement. The director of job and family | 13564 |
| services may adopt, revise, or amend rules under Chapter 119. of | 13565 |
| the Revised Code to assist in the implementation of this section. | 13566 |
| Sec. 3125.18. A child support enforcement agency shall | 13567 |
| administer a Title IV-A program identified under division | 13568 |
|
(A) | 13569 |
| the department of job and family services provides for the agency | 13570 |
| to administer under the department's supervision pursuant to | 13571 |
| section 5101.801 of the Revised Code. | 13572 |
| Sec. 3125.191. There is hereby created in the state treasury | 13573 |
| the child support operating fund, which is a state special revenue | 13574 |
| fund. The department of job and family services may deposit into | 13575 |
| the fund a portion of the federal incentives described in division | 13576 |
| (A) of section 3125.19 of the Revised Code and authorized by 42 | 13577 |
| U.S.C. 658a that are received by the department of job and family | 13578 |
| services from the United States department of health and human | 13579 |
| services. The department of job and family services may use money | 13580 |
| in the child support operating fund for program and administrative | 13581 |
| purposes associated with the program of child support enforcement | 13582 |
| authorized by section 3125.03 of the Revised Code. | 13583 |
| Sec. 3301.311. (A) As used in this section, "preschool | 13584 |
| program" and "school child program" have the same meanings as in | 13585 |
| section 3301.52 of the Revised Code. | 13586 |
| (B) After | 13587 |
| program, school child program, or early learning program, as | 13588 |
| defined by the department of education, shall receive any funds | 13589 |
| from the state unless fifty per cent of the staff members employed | 13590 |
| by that program as teachers are working toward an associate degree | 13591 |
| of
a type approved by the department | 13592 |
| 13593 | |
| 13594 | |
| 13595 | |
| 13596 | |
| 13597 | |
| program, shall receive any funds from the state unless every staff | 13598 |
| member employed by that program as a teacher has attained such a | 13599 |
| degree. | 13600 |
| Sec. 3301.32. (A)(1) The chief administrator of any head | 13601 |
| start agency shall request the superintendent of the bureau of | 13602 |
| criminal identification and investigation to conduct a criminal | 13603 |
| records check with respect to any applicant who has applied to the | 13604 |
| head start agency for employment as a person responsible for the | 13605 |
| care, custody, or control of a child. If the applicant does not | 13606 |
| present proof that the applicant has been a resident of this state | 13607 |
| for the five-year period immediately prior to the date upon which | 13608 |
| the criminal records check is requested or does not provide | 13609 |
| evidence that within that five-year period the superintendent has | 13610 |
| requested information about the applicant from the federal bureau | 13611 |
| of investigation in a criminal records check, the chief | 13612 |
| administrator shall request that the superintendent obtain | 13613 |
| information from the federal bureau of investigation as a part of | 13614 |
| the criminal records check for the applicant. If the applicant | 13615 |
| presents proof that the applicant has been a resident of this | 13616 |
| state for that five-year period, the chief administrator may | 13617 |
| request that the superintendent include information from the | 13618 |
| federal bureau of investigation in the criminal records check. | 13619 |
| (2) Any person required by division (A)(1) of this section to | 13620 |
| request a criminal records check shall provide to each applicant a | 13621 |
| copy of the form prescribed pursuant to division (C)(1) of section | 13622 |
| 109.572 of the Revised Code, provide to each applicant a standard | 13623 |
| impression sheet to obtain fingerprint impressions prescribed | 13624 |
| pursuant to division (C)(2) of section 109.572 of the Revised | 13625 |
| Code, obtain the completed form and impression sheet from each | 13626 |
| applicant, and forward the completed form and impression sheet to | 13627 |
| the superintendent of the bureau of criminal identification and | 13628 |
| investigation at the time the chief administrator requests a | 13629 |
| criminal records check pursuant to division (A)(1) of this | 13630 |
| section. | 13631 |
| (3) Any applicant who receives pursuant to division (A)(2) of | 13632 |
| this section a copy of the form prescribed pursuant to division | 13633 |
| (C)(1) of section 109.572 of the Revised Code and a copy of an | 13634 |
| impression sheet prescribed pursuant to division (C)(2) of that | 13635 |
| section and who is requested to complete the form and provide a | 13636 |
| set of fingerprint impressions shall complete the form or provide | 13637 |
| all the information necessary to complete the form and shall | 13638 |
| provide the impression sheets with the impressions of the | 13639 |
| applicant's fingerprints. If an applicant, upon request, fails to | 13640 |
| provide the information necessary to complete the form or fails to | 13641 |
| provide impressions of the applicant's fingerprints, the head | 13642 |
| start agency shall not employ that applicant for any position for | 13643 |
| which a criminal records check is required by division (A)(1) of | 13644 |
| this section. | 13645 |
| (B)(1) Except as provided in rules adopted by the director of | 13646 |
| job and family services in accordance with division (E) of this | 13647 |
| section, no head start agency shall employ a person as a person | 13648 |
| responsible for the care, custody, or control of a child if the | 13649 |
| person previously has been convicted of or pleaded guilty to any | 13650 |
| of the following: | 13651 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 13652 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 13653 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 13654 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 13655 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 13656 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 13657 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 13658 |
| 2925.06, or 3716.11 of the Revised Code, a violation of section | 13659 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 13660 |
| violation of section 2919.23 of the Revised Code that would have | 13661 |
| been a violation of section 2905.04 of the Revised Code as it | 13662 |
| existed prior to July 1, 1996, had the violation occurred prior to | 13663 |
| that date, a violation of section 2925.11 of the Revised Code that | 13664 |
| is not a minor drug possession offense, or felonious sexual | 13665 |
| penetration in violation of former section 2907.12 of the Revised | 13666 |
| Code; | 13667 |
| (b) A violation of an existing or former law of this state, | 13668 |
| any other state, or the United States that is substantially | 13669 |
| equivalent to any of the offenses or violations described in | 13670 |
| division (B)(1)(a) of this section. | 13671 |
| (2) A head start agency may employ an applicant conditionally | 13672 |
| until the criminal records check required by this section is | 13673 |
| completed and the agency receives the results of the criminal | 13674 |
| records check. If the results of the criminal records check | 13675 |
| indicate that, pursuant to division (B)(1) of this section, the | 13676 |
| applicant does not qualify for employment, the agency shall | 13677 |
| release the applicant from employment. | 13678 |
| (C)(1) Each head start agency shall pay to the bureau of | 13679 |
| criminal identification and investigation the fee prescribed | 13680 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 13681 |
| for each criminal records check conducted in accordance with that | 13682 |
| section upon the request pursuant to division (A)(1) of this | 13683 |
| section of the chief administrator of the head start agency. | 13684 |
| (2) A head start agency may charge an applicant a fee for the | 13685 |
| costs it incurs in obtaining a criminal records check under this | 13686 |
| section. A fee charged under this division shall not exceed the | 13687 |
| amount of fees the agency pays under division (C)(1) of this | 13688 |
| section. If a fee is charged under this division, the agency shall | 13689 |
| notify the applicant at the time of the applicant's initial | 13690 |
| application for employment of the amount of the fee and that, | 13691 |
| unless the fee is paid, the head start agency will not consider | 13692 |
| the applicant for employment. | 13693 |
| (D) The report of any criminal records check conducted by the | 13694 |
| bureau of criminal identification and investigation in accordance | 13695 |
| with section 109.572 of the Revised Code and pursuant to a request | 13696 |
| made under division (A)(1) of this section is not a public record | 13697 |
| for the purposes of section 149.43 of the Revised Code and shall | 13698 |
| not be made available to any person other than the applicant who | 13699 |
| is the subject of the criminal records check or the applicant's | 13700 |
| representative, the head start agency requesting the criminal | 13701 |
| records check or its representative, and any court, hearing | 13702 |
| officer, or other necessary individual involved in a case dealing | 13703 |
| with the denial of employment to the applicant. | 13704 |
| (E) The director of job and family services shall adopt rules | 13705 |
| pursuant to Chapter 119. of the Revised Code to implement this | 13706 |
| section, including rules specifying circumstances under which a | 13707 |
| head start agency may hire a person who has been convicted of an | 13708 |
| offense listed in division (B)(1) of this section but who meets | 13709 |
| standards in regard to rehabilitation set by the director. | 13710 |
| (F) Any person required by division (A)(1) of this section to | 13711 |
| request a criminal records check shall inform each person, at the | 13712 |
| time of the person's initial application for employment, that the | 13713 |
| person is required to provide a set of impressions of the person's | 13714 |
| fingerprints and that a criminal records check is required to be | 13715 |
| conducted and satisfactorily completed in accordance with section | 13716 |
| 109.572 of the Revised Code if the person comes under final | 13717 |
| consideration for appointment or employment as a precondition to | 13718 |
| employment for that position. | 13719 |
| (G) As used in this section: | 13720 |
| (1) "Applicant" means a person who is under final | 13721 |
| consideration for appointment or employment in a position with a | 13722 |
| head start agency as a person responsible for the care, custody, | 13723 |
| or control of a child. | 13724 |
| (2)
"Head start agency" | 13725 |
| 13726 | |
| been approved to be an agency for purposes of the "Head Start | 13727 |
| Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended. | 13728 |
| (3) "Criminal records check" has the same meaning as in | 13729 |
| section 109.572 of the Revised Code. | 13730 |
| (4) "Minor drug possession offense" has the same meaning as | 13731 |
| in section 2925.01 of the Revised Code. | 13732 |
| Sec. 3301.86. The | 13733 |
| grants program is hereby established. | 13734 |
| 13735 | |
| 13736 | |
| 13737 | |
| 13738 | |
| department of education shall award reading intervention grants to | 13739 |
| public schools and classrooms operated by city, local, and | 13740 |
| exempted village school districts, by community schools, and by | 13741 |
| educational service centers. The grants shall be used to fund the | 13742 |
| engagement of volunteers to assist struggling students in grades | 13743 |
| kindergarten through twelve improve their reading skills, to | 13744 |
| improve reading outcomes in low-performing schools, and to | 13745 |
| facilitate closing the achievement gap between students of | 13746 |
| different subgroups. | 13747 |
| Sec. 3301.88. (A) A recipient of a grant under section | 13748 |
| 3301.86
| 13749 |
| 13750 | |
| identification and investigation a criminal records check on any | 13751 |
| individual, other than an individual described in division (B) of | 13752 |
| this section, who applies to participate in providing directly to | 13753 |
| children any
program or
service | 13754 |
| 13755 | |
| recipient
| 13756 |
| request a criminal records check, the request shall consist of a | 13757 |
| request for the information a school district board of education | 13758 |
| may request under division (F)(2)(a) of section 109.57 of the | 13759 |
| Revised Code and shall be accompanied by one of the following | 13760 |
| identification options: | 13761 |
| (1) The form and standard impression sheet prescribed by the | 13762 |
| bureau under division (C) of section 109.572 of the Revised Code; | 13763 |
| (2) A form prescribed by the bureau on which is specified the | 13764 |
| individual's name, social security number, and date of birth. | 13765 |
| (B) A grant recipient
| 13766 |
| 13767 | |
| (A) of this section with respect to any individual who furnishes | 13768 |
| the grant recipient
| 13769 |
| with a certified copy of a report of a criminal records check | 13770 |
| completed by the bureau within one year prior to applying to | 13771 |
| participate in providing programs or services
| 13772 |
| 13773 |
| (C) Except as provided in rules adopted under division (G)(2) | 13774 |
| of this section, a grant recipient
| 13775 |
| 13776 | |
| providing
directly to children any program or service
| 13777 |
| 13778 | |
| part by the grant if the information requested under this section | 13779 |
| from the bureau indicates that the individual has ever pleaded | 13780 |
| guilty to or been found guilty by a jury or court of any of the | 13781 |
| following: | 13782 |
| (1) A felony; | 13783 |
| (2) A violation of section 2903.16, 2903.34, 2905.05, | 13784 |
| 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, | 13785 |
| 2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the | 13786 |
| Revised Code; a violation of section 2905.04 of the Revised Code | 13787 |
| as it existed prior to July 1, 1996; or a violation of section | 13788 |
| 2919.23 of the Revised Code that would have been a violation of | 13789 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 13790 |
| 1996, had it been committed prior to that date; | 13791 |
| (3) An offense of violence; | 13792 |
| (4) A theft offense, as defined in section 2913.01 of the | 13793 |
| Revised Code; | 13794 |
| (5) A drug abuse offense, as defined in section 2925.01 of | 13795 |
| the Revised Code; | 13796 |
| (6) A violation of an existing or former ordinance of a | 13797 |
| municipal corporation or law of the United States or another state | 13798 |
| that is substantively comparable to an offense listed in divisions | 13799 |
| (C)(1) to (5) of this section. | 13800 |
| (D) A grant recipient | 13801 |
| 13802 | |
| conditionally allow an individual to participate in providing | 13803 |
| programs or services directly to children until the criminal | 13804 |
| records
check is completed and the grant recipient
| 13805 |
| 13806 | |
| results of the criminal records check indicate that the individual | 13807 |
| has been convicted of or pleaded guilty to an offense listed in | 13808 |
|
division (C) of this section,
the grant recipient
| 13809 |
| 13810 | |
| to further participate in providing directly to children any | 13811 |
| program or service
| 13812 |
| 13813 | |
| provided in the rules adopted under division (G)(2) of this | 13814 |
| section. | 13815 |
| (E) The report of any criminal records check conducted in | 13816 |
| accordance with division (F)(5) of section 109.57 of the Revised | 13817 |
| Code pursuant to a request under this section is not a public | 13818 |
| record for purposes of section 149.43 of the Revised Code. The | 13819 |
| report shall not be made available to any person other than the | 13820 |
| individual who is the subject of the criminal records check or the | 13821 |
| individual's representative, the grant recipient or the grant | 13822 |
| recipient's representative
| 13823 |
| 13824 | |
| individual in a case dealing with the denial of the individual's | 13825 |
| participation in a
program or service
| 13826 |
| 13827 | |
| under section 3301.86 of the Revised Code. | 13828 |
| (F) The | 13829 |
| reimburse each grant recipient
| 13830 |
| 13831 | |
| amount paid by the grant recipient
| 13832 |
| 13833 | |
| conducted by the bureau of criminal identification and | 13834 |
| investigation. Reimbursement shall be paid under this division | 13835 |
| only for criminal records checks on individuals who apply to | 13836 |
| participate in providing directly to children any program or | 13837 |
| service | 13838 |
| funded in whole or in part by the grant. To receive it, the grant | 13839 |
| recipient
| 13840 |
| submit information to the | 13841 |
| required by the | 13842 |
| addition to the grant awarded to the recipient under section | 13843 |
|
3301.86 | 13844 |
| (G) The | 13845 |
| in accordance with Chapter 119. of the Revised Code: | 13846 |
| (1) Prescribing the form and manner in which grant recipients | 13847 |
| 13848 | |
| information to the | 13849 |
| reimbursement under division (F) of this section; | 13850 |
| (2) Specifying circumstances under which a grant recipient
| 13851 |
| 13852 | |
| individual whose criminal records check report indicates that the | 13853 |
| individual has been convicted of or pleaded guilty to an offense | 13854 |
| listed in division (C) of this section, but who meets standards in | 13855 |
| regard to rehabilitation set forth in the rules, to participate in | 13856 |
| providing directly
to children any program or service
| 13857 |
| 13858 | |
| part by the grant. | 13859 |
| Sec. 3310.01. As used in this chapter: | 13860 |
| (A) "Eligible school" means any school building that | 13861 |
| satisfies the following conditions: | 13862 |
| (1) The building is operated by a school district included in | 13863 |
| the Ohio choice scholarship program pursuant to section 3310.02 of | 13864 |
| the Revised Code. | 13865 |
| (2) The building offers any of grade levels three through | 13866 |
| eight. | 13867 |
| (3) For three consecutive school years, at least two-thirds | 13868 |
| of the students enrolled in the building in grades three through | 13869 |
| eight, as applicable, failed to attain at least a proficient score | 13870 |
| on any proficiency or achievement test in reading administered to | 13871 |
| their grade level under section 3301.0711 or 3301.0712 of the | 13872 |
| Revised Code and at least two-thirds of the students enrolled in | 13873 |
| the building in grades three through eight, as applicable, failed | 13874 |
| to attain at least a proficient score on any proficiency or | 13875 |
| achievement test in mathematics administered to their grade level | 13876 |
| under section 3301.0711 or 3301.0712 of the Revised Code. In | 13877 |
| determining whether division (A)(3) of this section applies to a | 13878 |
| building, the superintendent of public instruction shall use test | 13879 |
| data from the most recent three consecutive school years. | 13880 |
| (B) "Parent" has the same meaning as in section 3313.98 of | 13881 |
| the Revised Code. | 13882 |
| (C) "School district of residence" has the same meaning as in | 13883 |
| section 3323.01 of the Revised Code. | 13884 |
| (D) "School year" has the same meaning as in section 3313.62 | 13885 |
| of the Revised Code. | 13886 |
| Sec. 3310.02. (A) The Ohio choice scholarship program is | 13887 |
| hereby established. The program shall include every school | 13888 |
| district that is not included in the pilot project scholarship | 13889 |
| program established under sections 3313.974 to 3313.979 of the | 13890 |
| Revised Code. The program shall provide for students enrolled in | 13891 |
| eligible schools to receive scholarships to attend chartered | 13892 |
| nonpublic schools. | 13893 |
| (B)(1) Any student who is entering any of grades one through | 13894 |
| eight at an eligible school and who has been enrolled in the | 13895 |
| eligible school for the equivalent of one full school year may | 13896 |
| apply for an initial scholarship. | 13897 |
| (2) Any student who received a scholarship for the preceding | 13898 |
| school year may continue to receive a scholarship for each | 13899 |
| subsequent school year until the student completes the highest | 13900 |
| grade offered by the public school in which the student was | 13901 |
| enrolled immediately prior to receiving a scholarship, provided | 13902 |
| the student takes each achievement test administered to the | 13903 |
| student's grade level under section 3301.0711 of the Revised Code | 13904 |
| and demonstrates progress. | 13905 |
| (C) No student enrolled in a school that has ceased to be an | 13906 |
| eligible school shall receive a scholarship, except that any | 13907 |
| student who received a scholarship for the school year in which | 13908 |
| the school ceased to be an eligible school may receive a | 13909 |
| scholarship for each subsequent school year until the student has | 13910 |
| completed the highest grade offered by the public school in which | 13911 |
| the student was enrolled immediately prior to receiving a | 13912 |
| scholarship, subject to the conditions of division (B)(2) of this | 13913 |
| section. | 13914 |
| Sec. 3310.03. The amount of each scholarship awarded under | 13915 |
| this chapter shall be the lesser of the actual tuition charges of | 13916 |
| the chartered nonpublic school in which the scholarship student is | 13917 |
| enrolled or three thousand five hundred dollars. | 13918 |
| Any chartered nonpublic school that enrolls a scholarship | 13919 |
| student shall accept the scholarship amount awarded to the student | 13920 |
| under this section as full tuition payment for the school year of | 13921 |
| enrollment. The chartered nonpublic school shall not charge the | 13922 |
| parent of a scholarship student any tuition in excess of the | 13923 |
| scholarship amount awarded to the student. | 13924 |
| Sec. 3310.04. (A) Annually by the first day of July, the | 13925 |
| superintendent of public instruction shall notify eligible schools | 13926 |
| that students enrolled in those schools who meet the conditions of | 13927 |
| division (B)(1) of section 3310.02 of the Revised Code may apply | 13928 |
| for scholarships. Each eligible school shall provide information | 13929 |
| about the Ohio choice scholarship program to the parents of all | 13930 |
| students enrolled in the school who are entering grades one | 13931 |
| through eight. The information shall include the application | 13932 |
| deadline established by the superintendent under division (B) of | 13933 |
| this section, the manner in which scholarships will be awarded | 13934 |
| among all eligible applicants, and the criteria for maintaining | 13935 |
| eligibility for scholarships in future school years. | 13936 |
| (B) The superintendent shall establish a deadline for the | 13937 |
| acceptance of applications for the scholarship program. In each | 13938 |
| school year, the superintendent shall award as many scholarships | 13939 |
| as can be funded given the amount appropriated for the program. If | 13940 |
| there are insufficient funds to award scholarships to all | 13941 |
| applicants, the superintendent shall award scholarships among all | 13942 |
| applicants by lot until the funds are depleted. The superintendent | 13943 |
| shall notify students of their selection for a scholarship not | 13944 |
| later than the first day of August. | 13945 |
| (C) A scholarship student shall use the scholarship at a | 13946 |
| chartered nonpublic school beginning the school year the | 13947 |
| scholarship is awarded. The superintendent shall revoke any | 13948 |
| scholarship awarded under this section if any of the following | 13949 |
| conditions are not met: | 13950 |
| (1) The parent of the scholarship student applies on behalf | 13951 |
| of the student to a chartered nonpublic school by the admissions | 13952 |
| deadline established by the school for scholarship students. | 13953 |
| (2) The chartered nonpublic school notifies the parent of the | 13954 |
| scholarship student and the superintendent that the student has | 13955 |
| been accepted for enrollment by the school. | 13956 |
| (3) The scholarship student enrolls in the chartered | 13957 |
| nonpublic school to which the student was accepted. | 13958 |
| Sec. 3310.05. Not later than the fifteenth day of each month, | 13959 |
| the chief administrator of each chartered nonpublic school that | 13960 |
| enrolls scholarship students under this chapter shall notify the | 13961 |
| department of education of the number of scholarship students who | 13962 |
| were enrolled in the school as of the first day of that month. The | 13963 |
| number reported under this section shall include scholarship | 13964 |
| students who have been continuously enrolled in the school since | 13965 |
| the beginning of the school year and scholarship students who have | 13966 |
| transferred to the school during the course of the school year. | 13967 |
| Sec. 3310.06. The department of education shall make periodic | 13968 |
| payments on behalf of each student to whom a scholarship is | 13969 |
| awarded under this chapter. Each scholarship shall be payable | 13970 |
| jointly to the parent of the scholarship student and the chartered | 13971 |
| nonpublic school in which the scholarship student is enrolled. The | 13972 |
| total of all payments for a school year shall not exceed the | 13973 |
| amount awarded to the scholarship student for that school year | 13974 |
| under section 3310.03 of the Revised Code. The scholarship amount | 13975 |
| awarded on behalf of any student shall be reduced proportionately | 13976 |
| if the student is not enrolled in a chartered nonpublic school for | 13977 |
| the entire school year. | 13978 |
| Sec. 3310.07. Notwithstanding division (K) of section | 13979 |
| 3301.0711 of the Revised Code, each chartered nonpublic school | 13980 |
| that enrolls scholarship students under this chapter shall | 13981 |
| administer the achievement tests prescribed by section 3301.0710 | 13982 |
| of the Revised Code to each scholarship student in accordance with | 13983 |
| section 3301.0711 of the Revised Code. Nothing in this section | 13984 |
| requires a chartered nonpublic school to administer any | 13985 |
| achievement test, except for an Ohio graduation test prescribed by | 13986 |
| division (B) of section 3301.0710 of the Revised Code, to any | 13987 |
| student enrolled in the school who is not a scholarship student. | 13988 |
| Sec. 3310.08. Each student for whom a scholarship is awarded | 13989 |
| under this chapter and who is enrolled in a chartered nonpublic | 13990 |
| school is entitled to transportation to and from that school by | 13991 |
| the student's school district of residence in accordance with | 13992 |
| section 3327.01 of the Revised Code. | 13993 |
| Sec. 3310.09. The state board of education shall adopt rules | 13994 |
| under Chapter 119. of the Revised Code to implement this chapter. | 13995 |
| Sec. 3313.975. As used in this section and in sections | 13996 |
| 3313.975 to 3313.979 of the Revised Code, "the pilot project | 13997 |
| school district" or "the district" means any school district | 13998 |
| included in the pilot project scholarship program pursuant to this | 13999 |
| section. | 14000 |
| (A) The superintendent of public instruction shall establish | 14001 |
| a pilot project scholarship program and shall include in such | 14002 |
| program any school districts that are or have ever been under | 14003 |
| federal court order requiring supervision and operational | 14004 |
| management of the district by the state superintendent. The | 14005 |
| program shall provide for a number of students residing in any | 14006 |
| such district to receive scholarships to attend alternative | 14007 |
| schools, and for an equal number of students to receive tutorial | 14008 |
| assistance grants while attending public school in any such | 14009 |
| district. | 14010 |
| (B) The state superintendent shall establish an application | 14011 |
| process and deadline for accepting applications from students | 14012 |
| residing in the district to participate in the scholarship | 14013 |
| program. In the initial year of the program students may only use | 14014 |
| a scholarship to attend school in grades kindergarten through | 14015 |
| third. | 14016 |
| The state superintendent shall award as many scholarships and | 14017 |
| tutorial assistance grants as can be funded given the amount | 14018 |
| appropriated for the program. In no case, however, shall more than | 14019 |
| fifty per cent of all scholarships awarded be used by students who | 14020 |
| were enrolled in a nonpublic school during the school year of | 14021 |
| application for a scholarship. | 14022 |
| (C)(1) The pilot project program shall continue in effect | 14023 |
| each year that the general assembly has appropriated sufficient | 14024 |
| money to fund scholarships and tutorial assistance grants. In each | 14025 |
| year the program continues, no new students may receive | 14026 |
| scholarships unless they are enrolled in | 14027 |
|
kindergarten | 14028 |
| who has received a scholarship the preceding year may continue to | 14029 |
| receive
one until the student has completed grade | 14030 |
| Beginning in the | 14031 |
| previously has received a scholarship may receive a scholarship in | 14032 |
| grade | 14033 |
| year, a student who previously has received a scholarship may | 14034 |
| receive a scholarship in grade | 14035 |
| (2) If the general assembly discontinues the scholarship | 14036 |
| program, all students who are attending an alternative school | 14037 |
| under the pilot project shall be entitled to continued admittance | 14038 |
| to that specific school through
all grades | 14039 |
| that are provided in such school, under the same conditions as | 14040 |
| when they were participating in the pilot project. The state | 14041 |
| superintendent shall continue to make scholarship payments in | 14042 |
| accordance with division (A) or (B) of section 3313.979 of the | 14043 |
| Revised Code for students who remain enrolled in an alternative | 14044 |
| school under this provision in any year that funds have been | 14045 |
| appropriated for this purpose. | 14046 |
| If funds are not appropriated, the tuition charged to the | 14047 |
| parents of a student who remains enrolled in an alternative school | 14048 |
| under this provision shall not be increased beyond the amount | 14049 |
| equal to the amount of the scholarship plus any additional amount | 14050 |
| charged that student's parent in the most recent year of | 14051 |
| attendance as a participant in the pilot project, except that | 14052 |
| tuition for all the students enrolled in such school may be | 14053 |
| increased by the same percentage. | 14054 |
| (D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of | 14055 |
| the Revised Code, if the pilot project school district experiences | 14056 |
| a decrease in enrollment due to participation in a state-sponsored | 14057 |
| scholarship program pursuant to sections 3313.974 to 3313.979 of | 14058 |
| the Revised Code, the district board of education may enter into | 14059 |
| an agreement with any teacher it employs to provide to that | 14060 |
| teacher severance pay or early retirement incentives, or both, if | 14061 |
| the teacher agrees to terminate the employment contract with the | 14062 |
| district board, provided any collective bargaining agreement in | 14063 |
| force pursuant to Chapter 4117. of the Revised Code does not | 14064 |
| prohibit such an agreement for termination of a teacher's | 14065 |
| employment contract. | 14066 |
| Sec. 3313.976. (A) No private school may receive scholarship | 14067 |
| payments from parents pursuant to section 3313.979 of the Revised | 14068 |
| Code until the chief administrator of the private school registers | 14069 |
| the school with the superintendent of public instruction. The | 14070 |
| state superintendent shall register any school that meets the | 14071 |
| following requirements: | 14072 |
| (1) The school is located within the boundaries of the pilot | 14073 |
| project school district; | 14074 |
| (2) The school indicates in writing its commitment to follow | 14075 |
| all requirements for a state-sponsored scholarship program | 14076 |
| specified under sections 3313.974 to 3313.979 of the Revised Code, | 14077 |
| including, but not limited to, the requirements for admitting | 14078 |
| students pursuant to section 3313.977 of the Revised Code; | 14079 |
| (3) The school meets all state minimum standards for | 14080 |
| chartered nonpublic schools in effect on July 1, 1992, except that | 14081 |
| the state superintendent at the superintendent's discretion may | 14082 |
| register nonchartered nonpublic schools meeting the other | 14083 |
| requirements of this division; | 14084 |
| (4) The school does not discriminate on the basis of race, | 14085 |
| religion, or ethnic background; | 14086 |
| (5) The school enrolls a minimum of ten students per class or | 14087 |
| a sum of at least twenty-five students in all the classes offered; | 14088 |
| (6) The school does not advocate or foster unlawful behavior | 14089 |
| or teach hatred of any person or group on the basis of race, | 14090 |
| ethnicity, national origin, or religion; | 14091 |
| (7) The school does not provide false or misleading | 14092 |
| information about the school to parents, students, or the general | 14093 |
| public; | 14094 |
| (8) For students in grades kindergarten through eight, the | 14095 |
| school agrees not to charge any tuition to low-income families | 14096 |
| receiving ninety per cent of the scholarship amount through the | 14097 |
| scholarship program, pursuant to division (A) of section 3313.978 | 14098 |
| of the Revised Code, in excess of ten per cent of the scholarship | 14099 |
| amount established pursuant to division (C)(1) of section 3313.978 | 14100 |
| of the Revised Code, excluding any increase described in division | 14101 |
| (C)(2) of that section. The school shall permit any such tuition, | 14102 |
| at the discretion of the parent, to be satisfied by the low-income | 14103 |
| family's provision of in-kind contributions or services. | 14104 |
| (9) For students in grades kindergarten through eight, the | 14105 |
| school agrees not to charge any tuition to low-income families | 14106 |
| receiving a seventy-five per cent scholarship amount through the | 14107 |
| scholarship program, pursuant to division (A) of section 3313.978 | 14108 |
| of the Revised Code, in excess of the difference between the | 14109 |
| actual tuition charge of the school and seventy-five per cent of | 14110 |
| the scholarship amount established pursuant to division (C)(1) of | 14111 |
| section 3313.978 of the Revised Code, excluding any increase | 14112 |
| described in division (C)(2) of that section. The school shall | 14113 |
| permit such tuition, at the discretion of the parent, to be | 14114 |
| satisfied by the low-income family's provision of in-kind | 14115 |
| contributions or services. | 14116 |
| (10) The school agrees not to charge any tuition to families | 14117 |
| of students in grades nine | 14118 |
| scholarship in excess of the actual tuition charge of the school | 14119 |
| less seventy-five or ninety per cent of the scholarship amount | 14120 |
| established pursuant to division (C)(1) of section 3313.978 of the | 14121 |
| Revised Code, as applicable, excluding any increase described in | 14122 |
| division (C)(2) of that section. | 14123 |
| (B) The state superintendent shall revoke the registration of | 14124 |
| any school if, after a hearing, the superintendent determines that | 14125 |
| the school is in violation of any of the provisions of division | 14126 |
| (A) of this section. | 14127 |
| (C) Any public school located in a school district adjacent | 14128 |
| to the pilot project district may receive scholarship payments on | 14129 |
| behalf of parents pursuant to section 3313.979 of the Revised Code | 14130 |
| if the superintendent of the district in which such public school | 14131 |
| is located notifies the state superintendent prior to the first | 14132 |
| day of March that the district intends to admit students from the | 14133 |
| pilot project district for the ensuing school year pursuant to | 14134 |
| section 3327.06 of the Revised Code. | 14135 |
| (D) Any parent wishing to purchase tutorial assistance from | 14136 |
| any person or governmental entity pursuant to the pilot project | 14137 |
| program under sections 3313.974 to 3313.979 of the Revised Code | 14138 |
| shall apply to the state superintendent. The state superintendent | 14139 |
| shall approve providers who appear to possess the capability of | 14140 |
| furnishing the instructional services they are offering to | 14141 |
| provide. | 14142 |
| Sec. 3313.977. (A)(1) Each registered private school shall | 14143 |
| admit students to kindergarten and first, second, and third grades | 14144 |
| in accordance with the following priorities: | 14145 |
| (a) Students who were enrolled in the school during the | 14146 |
| preceding year; | 14147 |
| (b) Siblings of students enrolled in the school during the | 14148 |
| preceding year, at the discretion of the school; | 14149 |
| (c) Children from low-income families attending school or | 14150 |
| residing in the school district in which the school is located | 14151 |
| until the number of such students in each grade equals the number | 14152 |
| that constituted twenty per cent of the total number of students | 14153 |
| enrolled in the school during the preceding year in such grade. | 14154 |
| Admission of such twenty per cent shall be by lot from among all | 14155 |
| low-income family applicants who apply prior to the fifteenth day | 14156 |
| of February prior to admission. | 14157 |
| (d) All other applicants residing anywhere, provided that all | 14158 |
| remaining available spaces shall be filled from among such | 14159 |
| applicants by lot. | 14160 |
| Children from low-income families not selected by lot under | 14161 |
| division (A)(1)(c) of this section shall be included in the | 14162 |
| lottery of all remaining applicants pursuant to division (A)(1)(d) | 14163 |
| of this section. | 14164 |
| (2) Each registered private school shall first admit to | 14165 |
| grades four
through | 14166 |
| school during the preceding year. Any remaining spaces for | 14167 |
| students in these grades may be filled as determined by the | 14168 |
| school. | 14169 |
| (B) Notwithstanding division (A) of this section, except | 14170 |
| where otherwise prohibited by federal law, a registered private | 14171 |
| school may elect to admit students of only one gender and may deny | 14172 |
| admission to any separately educated handicapped student. | 14173 |
| (C) If a scholarship student who has been accepted in | 14174 |
| accordance with this section fails to enroll in the school for any | 14175 |
| reason or withdraws from the school during the school year for any | 14176 |
| reason, the school may elect to replace such student with another | 14177 |
| scholarship student only by first offering the admission to any | 14178 |
| low-income scholarship students who filed applications by the | 14179 |
| preceding fifteenth day of February and who were not accepted at | 14180 |
| that time due to space limitations. | 14181 |
| Sec. 3313.978. (A) Annually by the first day of November, | 14182 |
| the superintendent of public instruction shall notify the pilot | 14183 |
| project school district of the number of initial scholarships that | 14184 |
| the state superintendent will be awarding in each of grades | 14185 |
| kindergarten through third. | 14186 |
| The state superintendent shall provide information about the | 14187 |
| scholarship program to all students residing in the district, | 14188 |
| shall accept applications from any such students until such date | 14189 |
| as shall be established by the state superintendent as a deadline | 14190 |
| for applications, and shall establish criteria for the selection | 14191 |
| of students to receive scholarships from among all those applying | 14192 |
| prior to the deadline, which criteria shall give preference to | 14193 |
| students from low-income families. For each student selected, the | 14194 |
| state superintendent shall also determine whether the student | 14195 |
| qualifies for seventy-five or ninety per cent of the scholarship | 14196 |
| amount. Students whose family income is at or above two hundred | 14197 |
| per cent of the maximum income level established by the state | 14198 |
| superintendent for low-income families shall qualify for | 14199 |
| seventy-five per cent of the scholarship amount and students whose | 14200 |
| family income is below two hundred per cent of that maximum income | 14201 |
| level shall qualify for ninety per cent of the scholarship amount. | 14202 |
| The state superintendent shall notify students of their selection | 14203 |
| prior to the fifteenth day of January and whether they qualify for | 14204 |
| seventy-five or ninety per cent of the scholarship amount. | 14205 |
| (1) A student receiving a pilot project scholarship may | 14206 |
| utilize it at an alternative public school by notifying the | 14207 |
| district superintendent, at any time before the beginning of the | 14208 |
| school year, of the name of the public school in an adjacent | 14209 |
| school district to which the student has been accepted pursuant to | 14210 |
| section 3327.06 of the Revised Code. | 14211 |
| (2) A student may decide to utilize a pilot project | 14212 |
| scholarship at a registered private school in the district if all | 14213 |
| of the following conditions are met: | 14214 |
| (a) By the fifteenth day of February of the preceding school | 14215 |
| year, or at any time prior to the start of the school year, the | 14216 |
| parent makes an application on behalf of the student to a | 14217 |
| registered private school. | 14218 |
| (b) The registered private school notifies the parent and the | 14219 |
| state superintendent as follows that the student has been | 14220 |
| admitted: | 14221 |
| (i) By the fifteenth day of March of the preceding school | 14222 |
| year if the student filed an application by the fifteenth day of | 14223 |
| February and was admitted by the school pursuant to division (A) | 14224 |
| of section 3313.977 of the Revised Code; | 14225 |
| (ii) Within one week of the decision to admit the student if | 14226 |
| the student is admitted pursuant to division (C) of section | 14227 |
| 3313.977 of the Revised Code. | 14228 |
| (c) The student actually enrolls in the registered private | 14229 |
| school to which the student was first admitted or in another | 14230 |
| registered private school in the district or in a public school in | 14231 |
| an adjacent school district. | 14232 |
| (B) The state superintendent shall also award in any school | 14233 |
| year tutorial assistance grants to a number of students equal to | 14234 |
| the number of students who receive scholarships under division (A) | 14235 |
| of this section. Tutorial assistance grants shall be awarded | 14236 |
| solely to students who are enrolled in the public schools of the | 14237 |
| district in a grade level covered by the pilot project. Tutorial | 14238 |
| assistance grants may be used solely to obtain tutorial assistance | 14239 |
| from a provider approved pursuant to division (D) of section | 14240 |
| 3313.976 of the Revised Code. | 14241 |
| All students wishing to obtain tutorial assistance grants | 14242 |
| shall make application to the state superintendent by the first | 14243 |
| day of the school year in which the assistance will be used. The | 14244 |
| state superintendent shall award assistance grants in accordance | 14245 |
| with criteria the superintendent shall establish. For each student | 14246 |
| awarded a grant, the state superintendent shall also determine | 14247 |
| whether the student qualifies for seventy-five or ninety per cent | 14248 |
| of the grant amount and so notify the student. Students whose | 14249 |
| family income is at or above two hundred per cent of the maximum | 14250 |
| income level established by the state superintendent for | 14251 |
| low-income families shall qualify for seventy-five per cent of the | 14252 |
| grant amount and students whose family income is below two hundred | 14253 |
| per cent of that maximum income level shall qualify for ninety per | 14254 |
| cent of the grant amount. | 14255 |
| (C)(1) In the case of basic scholarships for students in | 14256 |
| grades kindergarten through eight, the scholarship amount shall | 14257 |
| not exceed the lesser of the tuition charges of the alternative | 14258 |
| school the scholarship recipient attends or an amount established | 14259 |
| by the state superintendent not in excess of three thousand | 14260 |
| dollars. | 14261 |
| In the case of basic scholarships for students in grades nine | 14262 |
| 14263 | |
| the lesser of the tuition charges of the alternative school the | 14264 |
| scholarship recipient attends or an amount established by the | 14265 |
| state superintendent not in excess of two thousand seven hundred | 14266 |
| dollars. | 14267 |
| (2) The state superintendent shall provide for an increase in | 14268 |
| the basic scholarship amount in the case of any student who is a | 14269 |
| mainstreamed handicapped student and shall further increase such | 14270 |
| amount in the case of any separately educated handicapped child. | 14271 |
| Such increases shall take into account the instruction, related | 14272 |
| services, and transportation costs of educating such students. | 14273 |
| (3) In the case of tutorial assistance grants, the grant | 14274 |
| amount shall not exceed the lesser of the provider's actual | 14275 |
| charges for such assistance or a percentage established by the | 14276 |
| state superintendent, not to exceed twenty per cent, of the amount | 14277 |
| of the pilot project school district's average basic scholarship | 14278 |
| amount. | 14279 |
| (4) No scholarship or tutorial assistance grant shall be | 14280 |
| awarded unless the state superintendent determines that | 14281 |
| twenty-five or ten per cent, as applicable, of the amount | 14282 |
| specified for such scholarship or grant pursuant to division | 14283 |
| (C)(1), (2), or (3) of this section will be furnished by a | 14284 |
| political subdivision, a private nonprofit or for profit entity, | 14285 |
| or another person. Only seventy-five or ninety per cent of such | 14286 |
| amounts, as applicable, shall be paid from state funds pursuant to | 14287 |
| section 3313.979 of the Revised Code. | 14288 |
| (D)(1) Annually by the first day of November, the state | 14289 |
| superintendent shall estimate the maximum per-pupil scholarship | 14290 |
| amounts for the ensuing school year. The state superintendent | 14291 |
| shall make this estimate available to the general public at the | 14292 |
| offices of the district board of education together with the forms | 14293 |
| required by division (D)(2) of this section. | 14294 |
| (2) Annually by the fifteenth day of January, the chief | 14295 |
| administrator of each registered private school located in the | 14296 |
| pilot project district and the principal of each public school in | 14297 |
| such district shall complete a parental information form and | 14298 |
| forward it to the president of the board of education. The | 14299 |
| parental information form shall be prescribed by the department of | 14300 |
| education and shall provide information about the grade levels | 14301 |
| offered, the numbers of students, tuition amounts, achievement | 14302 |
| test results, and any sectarian or other organizational | 14303 |
| affiliations. | 14304 |
| Sec. 3313.98. Notwithstanding division (D) of section | 14305 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 14306 |
| the provisions of this section and sections 3313.981 to 3313.983 | 14307 |
| of the Revised Code that apply to a city school district do not | 14308 |
| apply to a joint vocational or cooperative education school | 14309 |
| district unless expressly specified. | 14310 |
| (A) As used in this section and sections 3313.981 to 3313.983 | 14311 |
| of the Revised Code: | 14312 |
| (1) "Parent" means either of the natural or adoptive parents | 14313 |
| of a student, except under the following conditions: | 14314 |
| (a) When the marriage of the natural or adoptive parents of | 14315 |
| the student has been terminated by a divorce, dissolution of | 14316 |
| marriage, or annulment or the natural or adoptive parents of the | 14317 |
| student are living separate and apart under a legal separation | 14318 |
| decree and the court has issued an order allocating the parental | 14319 |
| rights and responsibilities with respect to the student, "parent" | 14320 |
| means the residential parent as designated by the court except | 14321 |
| that "parent" means either parent when the court issues a shared | 14322 |
| parenting decree. | 14323 |
| (b) When a court has granted temporary or permanent custody | 14324 |
| of the student to an individual or agency other than either of the | 14325 |
| natural or adoptive parents of the student, "parent" means the | 14326 |
| legal custodian of the child. | 14327 |
| (c) When a court has appointed a guardian for the student, | 14328 |
| "parent" means the guardian of the student. | 14329 |
| (2) "Native student" means a student entitled under section | 14330 |
| 3313.64 or 3313.65 of the Revised Code to attend school in a | 14331 |
| district adopting a resolution under this section. | 14332 |
| (3) "Adjacent district" means a city, exempted village, or | 14333 |
| local school district having territory that abuts the territory of | 14334 |
| a district adopting a resolution under this section. | 14335 |
| (4) "Adjacent district student" means a student entitled | 14336 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 14337 |
| school in an adjacent district. | 14338 |
| (5) "Adjacent district joint vocational student" means an | 14339 |
| adjacent district student who enrolls in a city, exempted village, | 14340 |
| or local school district pursuant to this section and who also | 14341 |
| enrolls in a joint vocational school district that does not | 14342 |
| contain the territory of the district for which that student is a | 14343 |
| native student and does contain the territory of the city, | 14344 |
| exempted village, or local district in which the student enrolls. | 14345 |
| (6) "Formula amount" has the same meaning as in section | 14346 |
| 3317.02 of the Revised Code. | 14347 |
| (7) "Adjusted formula amount" means the greater of the | 14348 |
| following: | 14349 |
| (a) The fiscal year 2005 formula amount multiplied by the | 14350 |
| fiscal year 2005 cost-of-doing-business factor for a district | 14351 |
| defined in section 3317.02 of the Revised Code; | 14352 |
| (b) The sum of the current formula amount plus the per pupil | 14353 |
| amount of the base funding supplements specified in divisions | 14354 |
| (B)(3)(a) to (d) of section 3317.012 of the Revised Code. | 14355 |
| (8) "Poverty line" means the poverty line established by the | 14356 |
| director of the United States office of management and budget as | 14357 |
| revised by the director of the office of community services in | 14358 |
| accordance with section 673(2) of the "Community Services Block | 14359 |
| Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. | 14360 |
| (9) "IEP" means an individualized education program defined | 14361 |
| by division (E) of section 3323.01 of the Revised Code. | 14362 |
| (10) "Other district" means a city, exempted village, or | 14363 |
| local school district having territory outside of the territory of | 14364 |
| a district adopting a resolution under this section. | 14365 |
| (11) "Other district student" means a student entitled under | 14366 |
| section 3313.64 or 3313.65 of the Revised Code to attend school in | 14367 |
| an other district. | 14368 |
| (12) "Other district joint vocational student" means a | 14369 |
| student who is enrolled in any city, exempted village, or local | 14370 |
| school district and who also enrolls in a joint vocational school | 14371 |
| district that does not contain the territory of the district for | 14372 |
| which that student is a native student in accordance with a policy | 14373 |
| adopted under section 3313.983 of the Revised Code. | 14374 |
| (B)(1) The board of education of each city, local, and | 14375 |
| exempted village school district shall adopt a resolution | 14376 |
| establishing for the school district one of the following | 14377 |
| policies: | 14378 |
| (a) A policy that entirely prohibits the enrollment of | 14379 |
| students from adjacent districts or other districts, other than | 14380 |
| students for whom tuition is paid in accordance with section | 14381 |
| 3317.08 of the Revised Code; | 14382 |
| (b) A policy that permits enrollment of students from all | 14383 |
| adjacent districts in accordance with policy statements contained | 14384 |
| in the resolution; | 14385 |
| (c) A policy that permits enrollment of students from all | 14386 |
| other districts in accordance with policy statements contained in | 14387 |
| the resolution. | 14388 |
| (2) A policy permitting enrollment of students from adjacent | 14389 |
| or from other districts, as applicable, shall provide for all of | 14390 |
| the following: | 14391 |
| (a) Application procedures, including deadlines for | 14392 |
| application and for notification of students and the | 14393 |
| superintendent of the applicable district whenever an adjacent or | 14394 |
| other district student's application is approved. | 14395 |
| (b) Procedures for admitting adjacent or other district | 14396 |
| applicants free of any tuition obligation to the district's | 14397 |
| schools, including, but not limited to: | 14398 |
| (i) The establishment of district capacity limits by grade | 14399 |
| level, school building, and education program; | 14400 |
| (ii) A requirement that all native students wishing to be | 14401 |
| enrolled in the district will be enrolled and that any adjacent or | 14402 |
| other district students previously enrolled in the district shall | 14403 |
| receive preference over first-time applicants; | 14404 |
| (iii) Procedures to ensure that an appropriate racial balance | 14405 |
| is maintained in the district schools. | 14406 |
| (C) Except as provided in section 3313.982 of the Revised | 14407 |
| Code, the procedures for admitting adjacent or other district | 14408 |
| students, as applicable, shall not include: | 14409 |
| (1) Any requirement of academic ability, or any level of | 14410 |
| athletic, artistic, or other extracurricular skills; | 14411 |
| (2) Limitations on admitting applicants because of | 14412 |
| handicapping conditions, except that a board may refuse to admit a | 14413 |
| student receiving services under Chapter 3323. of the Revised | 14414 |
| Code, if the services described in the student's IEP are not | 14415 |
| available in the district's schools; | 14416 |
| (3) A requirement that the student be proficient in the | 14417 |
| English language; | 14418 |
| (4) Rejection of any applicant because the student has been | 14419 |
| subject to disciplinary proceedings, except that if an applicant | 14420 |
| has been suspended or expelled by the student's district for ten | 14421 |
| consecutive days or more in the term for which admission is sought | 14422 |
| or in the term immediately preceding the term for which admission | 14423 |
| is sought, the procedures may include a provision denying | 14424 |
| admission of such applicant. | 14425 |
| (D)(1) Each school board permitting only enrollment of | 14426 |
| adjacent district students shall provide information about the | 14427 |
| policy adopted under this section, including the application | 14428 |
| procedures and deadlines, to the superintendent and the board of | 14429 |
| education of each adjacent district and, upon request, to the | 14430 |
| parent of any adjacent district student. | 14431 |
| (2) Each school board permitting enrollment of other district | 14432 |
| students shall provide information about the policy adopted under | 14433 |
| this section, including the application procedures and deadlines, | 14434 |
| upon request, to the board of education of any other school | 14435 |
| district or to the parent of any student anywhere in the state. | 14436 |
| (E) Any school board shall accept all credits toward | 14437 |
| graduation earned in adjacent or other district schools by an | 14438 |
| adjacent or other district student or a native student. | 14439 |
| (F)(1) No board of education may adopt a policy discouraging | 14440 |
| or prohibiting its native students from applying to enroll in the | 14441 |
| schools of an adjacent or any other district that has adopted a | 14442 |
| policy permitting such enrollment, except that: | 14443 |
| (a) A district may object to the enrollment of a native | 14444 |
| student in an adjacent or other district in order to maintain an | 14445 |
| appropriate racial balance. | 14446 |
| (b) The board of education of a district receiving funds | 14447 |
| under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, | 14448 |
| may adopt a resolution objecting to the enrollment of its native | 14449 |
| students in adjacent or other districts if at least ten per cent | 14450 |
| of its students are included in the determination of the United | 14451 |
| States secretary of education made under section 20 U.S.C.A. | 14452 |
| 238(a). | 14453 |
| (2) If a board objects to enrollment of native students under | 14454 |
| this division, any adjacent or other district shall refuse to | 14455 |
| enroll such native students unless tuition is paid for the | 14456 |
| students in accordance with section 3317.08 of the Revised Code. | 14457 |
| An adjacent or other district enrolling such students may not | 14458 |
| receive funding for those students in accordance with section | 14459 |
| 3313.981 of the Revised Code. | 14460 |
| (G) The state board of education shall monitor school | 14461 |
| districts to ensure compliance with this section and the | 14462 |
| districts' policies. The board may adopt rules requiring uniform | 14463 |
| application procedures, deadlines for application, notification | 14464 |
| procedures, and record-keeping requirements for all school boards | 14465 |
| that adopt policies permitting the enrollment of adjacent or other | 14466 |
| district students, as applicable. If the state board adopts such | 14467 |
| rules, no school board shall adopt a policy that conflicts with | 14468 |
| those rules. | 14469 |
| (H) A resolution adopted by a board of education under this | 14470 |
| section that entirely prohibits the enrollment of students from | 14471 |
| adjacent and from other school districts does not abrogate any | 14472 |
| agreement entered into under section 3313.841 or 3313.92 of the | 14473 |
| Revised Code or any contract entered into under section 3313.90 of | 14474 |
| the Revised Code between the board of education adopting the | 14475 |
| resolution and the board of education of any adjacent or other | 14476 |
| district or prohibit these boards of education from entering into | 14477 |
| any such agreement or contract. | 14478 |
| (I) Nothing in this section shall be construed to permit or | 14479 |
| require the board of education of a city, exempted village, or | 14480 |
| local school district to exclude any native student of the | 14481 |
| district from enrolling in the district. | 14482 |
| Sec. 3314.03. A copy of every contract entered into under | 14483 |
| this section shall be filed with the superintendent of public | 14484 |
| instruction. | 14485 |
| (A) Each contract entered into between a sponsor and the | 14486 |
| governing authority of a community school shall specify the | 14487 |
| following: | 14488 |
| (1) That the school shall be established as either of the | 14489 |
| following: | 14490 |
| (a) A nonprofit corporation established under Chapter 1702. | 14491 |
| of the Revised Code, if established prior to April 8, 2003; | 14492 |
| (b) A public benefit corporation established under Chapter | 14493 |
| 1702. of the Revised Code, if established after April 8, 2003; | 14494 |
| (2) The education program of the school, including the | 14495 |
| school's mission, the characteristics of the students the school | 14496 |
| is expected to attract, the ages and grades of students, and the | 14497 |
| focus of the curriculum; | 14498 |
| (3) The academic goals to be achieved and the method of | 14499 |
| measurement that will be used to determine progress toward those | 14500 |
| goals, which shall include the statewide achievement tests; | 14501 |
| (4) Performance standards by which the success of the school | 14502 |
| will be evaluated by the sponsor; | 14503 |
| (5) The admission standards of section 3314.06 of the Revised | 14504 |
| Code; | 14505 |
| (6)(a) Dismissal procedures; | 14506 |
| (b) A requirement that the governing authority adopt an | 14507 |
| attendance policy that includes a procedure for automatically | 14508 |
| withdrawing a student from the school if the student without a | 14509 |
| legitimate excuse fails to participate in one hundred five | 14510 |
| consecutive hours of the learning opportunities offered to the | 14511 |
| student. Such a policy shall provide for withdrawing the student | 14512 |
| by the end of the thirtieth day after the student has failed to | 14513 |
| participate as required under this division. | 14514 |
| (7) The ways by which the school will achieve racial and | 14515 |
| ethnic balance reflective of the community it serves; | 14516 |
| (8) Requirements for financial audits by the auditor of | 14517 |
| state. The contract shall require financial records of the school | 14518 |
| to be maintained in the same manner as are financial records of | 14519 |
| school districts, pursuant to rules of the auditor of state, and | 14520 |
| the audits shall be conducted in accordance with section 117.10 of | 14521 |
| the Revised Code. | 14522 |
| (9) The facilities to be used and their locations; | 14523 |
| (10) Qualifications of teachers, including a requirement that | 14524 |
| the school's classroom teachers be licensed in accordance with | 14525 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 14526 |
| community school may engage noncertificated persons to teach up to | 14527 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 14528 |
| Code; | 14529 |
| (11) That the school will comply with the following | 14530 |
| requirements: | 14531 |
| (a) The school will provide learning opportunities to a | 14532 |
| minimum of twenty-five students for a minimum of nine hundred | 14533 |
| twenty hours per school year; | 14534 |
| (b) The governing authority will purchase liability | 14535 |
| insurance, or otherwise provide for the potential liability of the | 14536 |
| school; | 14537 |
| (c) The school will be nonsectarian in its programs, | 14538 |
| admission policies, employment practices, and all other | 14539 |
| operations, and will not be operated by a sectarian school or | 14540 |
| religious institution; | 14541 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 14542 |
| 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 14543 |
| 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 14544 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 14545 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, | 14546 |
| 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 14547 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 14548 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 14549 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 14550 |
| district and will comply with section 3301.0714 of the Revised | 14551 |
| Code in the manner specified in section 3314.17 of the Revised | 14552 |
| Code; | 14553 |
| (e) The school shall comply with Chapter 102. of the Revised | 14554 |
| Code except that nothing in that chapter shall prohibit a member | 14555 |
| of the school's governing board from also being an employee of the | 14556 |
| school and nothing in that chapter or section 2921.42 of the | 14557 |
| Revised Code shall prohibit a member of the school's governing | 14558 |
| board from having an interest in a contract into which the | 14559 |
| governing board enters that is not a contract with a for-profit | 14560 |
| firm for the operation or management of a school under the | 14561 |
| auspices of the governing authority; | 14562 |
| (f) The school will comply with sections 3313.61, 3313.611, | 14563 |
| and 3313.614 of the Revised Code, except that the requirement in | 14564 |
| sections 3313.61 and 3313.611 of the Revised Code that a person | 14565 |
| must successfully complete the curriculum in any high school prior | 14566 |
| to receiving a high school diploma may be met by completing the | 14567 |
| curriculum adopted by the governing authority of the community | 14568 |
| school rather than the curriculum specified in Title XXXIII of the | 14569 |
| Revised Code or any rules of the state board of education; | 14570 |
| (g) The school governing authority will submit within four | 14571 |
| months after the end of each school year a report of its | 14572 |
| activities and progress in meeting the goals and standards of | 14573 |
| divisions (A)(3) and (4) of this section and its financial status | 14574 |
| to the sponsor, the parents of all students enrolled in the | 14575 |
| school, and the legislative office of education oversight. The | 14576 |
| school will collect and provide any data that the legislative | 14577 |
| office of education oversight requests in furtherance of any study | 14578 |
| or research that the general assembly requires the office to | 14579 |
| conduct, including the studies required under Section 50.39 of Am. | 14580 |
| Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 14581 |
| Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 14582 |
| (12) Arrangements for providing health and other benefits to | 14583 |
| employees; | 14584 |
| (13) The length of the contract, which shall begin at the | 14585 |
| beginning of an academic year. No contract shall exceed five years | 14586 |
| unless such contract has been renewed pursuant to division (E) of | 14587 |
| this section. | 14588 |
| (14) The governing authority of the school, which shall be | 14589 |
| responsible for carrying out the provisions of the contract; | 14590 |
| (15) A financial plan detailing an estimated school budget | 14591 |
| for each year of the period of the contract and specifying the | 14592 |
| total estimated per pupil expenditure amount for each such year. | 14593 |
| The plan shall specify for each year the base formula amount that | 14594 |
| will be used for purposes of funding calculations under section | 14595 |
| 3314.08 of the Revised Code. This base formula amount for any year | 14596 |
| shall not exceed the formula amount defined under section 3317.02 | 14597 |
| of the Revised Code. The plan may also specify for any year a | 14598 |
| percentage figure to be used for reducing the per pupil amount of | 14599 |
| 14600 | |
| pursuant to section 3317.029 of the Revised Code the school is to | 14601 |
| receive that year under section 3314.08 of the Revised Code. | 14602 |
| (16) Requirements and procedures regarding the disposition of | 14603 |
| employees of the school in the event the contract is terminated or | 14604 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 14605 |
| (17) Whether the school is to be created by converting all or | 14606 |
| part of an existing public school or is to be a new start-up | 14607 |
| school, and if it is a converted public school, specification of | 14608 |
| any duties or responsibilities of an employer that the board of | 14609 |
| education that operated the school before conversion is delegating | 14610 |
| to the governing board of the community school with respect to all | 14611 |
| or any specified group of employees provided the delegation is not | 14612 |
| prohibited by a collective bargaining agreement applicable to such | 14613 |
| employees; | 14614 |
| (18) Provisions establishing procedures for resolving | 14615 |
| disputes or differences of opinion between the sponsor and the | 14616 |
| governing authority of the community school; | 14617 |
| (19) A provision requiring the governing authority to adopt a | 14618 |
| policy regarding the admission of students who reside outside the | 14619 |
| district in which the school is located. That policy shall comply | 14620 |
| with the admissions procedures specified in section 3314.06 of the | 14621 |
| Revised Code and, at the sole discretion of the authority, shall | 14622 |
| do one of the following: | 14623 |
| (a) Prohibit the enrollment of students who reside outside | 14624 |
| the district in which the school is located; | 14625 |
| (b) Permit the enrollment of students who reside in districts | 14626 |
| adjacent to the district in which the school is located; | 14627 |
| (c) Permit the enrollment of students who reside in any other | 14628 |
| district in the state. | 14629 |
| (20) A provision recognizing the authority of the department | 14630 |
| of education to take over the sponsorship of the school in | 14631 |
| accordance with the provisions of division (C) of section 3314.015 | 14632 |
| of the Revised Code; | 14633 |
| (21) A provision recognizing the sponsor's authority to | 14634 |
| assume the operation of a school under the conditions specified in | 14635 |
| division (B) of section 3314.073 of the Revised Code; | 14636 |
| (22) A provision recognizing both of the following: | 14637 |
| (a) The authority of public health and safety officials to | 14638 |
| inspect the facilities of the school and to order the facilities | 14639 |
| closed if those officials find that the facilities are not in | 14640 |
| compliance with health and safety laws and regulations; | 14641 |
| (b) The authority of the department of education as the | 14642 |
| community school oversight body to suspend the operation of the | 14643 |
| school under section 3314.072 of the Revised Code if the | 14644 |
| department has evidence of conditions or violations of law at the | 14645 |
| school that pose an imminent danger to the health and safety of | 14646 |
| the school's students and employees and the sponsor refuses to | 14647 |
| take such action; | 14648 |
| (23) A description of the learning opportunities that will be | 14649 |
| offered to students including both classroom-based and | 14650 |
| non-classroom-based learning opportunities that is in compliance | 14651 |
| with criteria for student participation established by the | 14652 |
| department under division (L)(2) of section 3314.08 of the Revised | 14653 |
| Code; | 14654 |
| (24) The school will comply with section 3302.04 of the | 14655 |
| Revised Code, including division (E) of that section to the extent | 14656 |
| possible, except that any action required to be taken by a school | 14657 |
| district pursuant to that section shall be taken by the sponsor of | 14658 |
| the school. However, the sponsor shall not be required to take any | 14659 |
| action described in division (F) of that section. | 14660 |
| (B) The community school shall also submit to the sponsor a | 14661 |
| comprehensive plan for the school. The plan shall specify the | 14662 |
| following: | 14663 |
| (1) The process by which the governing authority of the | 14664 |
| school will be selected in the future; | 14665 |
| (2) The management and administration of the school; | 14666 |
| (3) If the community school is a currently existing public | 14667 |
| school, alternative arrangements for current public school | 14668 |
| students who choose not to attend the school and teachers who | 14669 |
| choose not to teach in the school after conversion; | 14670 |
| (4) The instructional program and educational philosophy of | 14671 |
| the school; | 14672 |
| (5) Internal financial controls. | 14673 |
| (C) A contract entered into under section 3314.02 of the | 14674 |
| Revised Code between a sponsor and the governing authority of a | 14675 |
| community school may provide for the community school governing | 14676 |
| authority to make payments to the sponsor, which is hereby | 14677 |
| authorized to receive such payments as set forth in the contract | 14678 |
| between the governing authority and the sponsor. The total amount | 14679 |
| of such payments for oversight and monitoring of the school shall | 14680 |
| not exceed three per cent of the total amount of payments for | 14681 |
| operating expenses that the school receives from the state. | 14682 |
| (D) The contract shall specify the duties of the sponsor | 14683 |
| which shall be in accordance with the written agreement entered | 14684 |
| into with the department of education under division (B) of | 14685 |
| section 3314.015 of the Revised Code and shall include the | 14686 |
| following: | 14687 |
| (1) Monitor the community school's compliance with all laws | 14688 |
| applicable to the school and with the terms of the contract; | 14689 |
| (2) Monitor and evaluate the academic and fiscal performance | 14690 |
| and the organization and operation of the community school on at | 14691 |
| least an annual basis; | 14692 |
| (3) Report on an annual basis the results of the evaluation | 14693 |
| conducted under division (D)(2) of this section to the department | 14694 |
| of education and to the parents of students enrolled in the | 14695 |
| community school; | 14696 |
| (4) Provide technical assistance to the community school in | 14697 |
| complying with laws applicable to the school and terms of the | 14698 |
| contract; | 14699 |
| (5) Take steps to intervene in the school's operation to | 14700 |
| correct problems in the school's overall performance, declare the | 14701 |
| school to be on probationary status pursuant to section 3314.073 | 14702 |
| of the Revised Code, suspend the operation of the school pursuant | 14703 |
| to section 3314.072 of the Revised Code, or terminate the contract | 14704 |
| of the school pursuant to section 3314.07 of the Revised Code as | 14705 |
| determined necessary by the sponsor; | 14706 |
| (6) Have in place a plan of action to be undertaken in the | 14707 |
| event the community school experiences financial difficulties or | 14708 |
| closes prior to the end of a school year. | 14709 |
| (E) Upon the expiration of a contract entered into under this | 14710 |
| section, the sponsor of a community school may, with the approval | 14711 |
| of the governing authority of the school, renew that contract for | 14712 |
| a period of time determined by the sponsor, but not ending earlier | 14713 |
| than the end of any school year, if the sponsor finds that the | 14714 |
| school's compliance with applicable laws and terms of the contract | 14715 |
| and the school's progress in meeting the academic goals prescribed | 14716 |
| in the contract have been satisfactory. Any contract that is | 14717 |
| renewed under this division remains subject to the provisions of | 14718 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 14719 |
| Sec. 3314.074. Divisions (A) and (B) of this section apply | 14720 |
| only to the extent permitted under Chapter 1702. of the Revised | 14721 |
| Code. | 14722 |
| (A) If any community school established under this chapter | 14723 |
| permanently closes and ceases its operation as a community school, | 14724 |
| the assets of that school shall be distributed first to the | 14725 |
| retirement funds of employees of the school, employees of the | 14726 |
| school, and private creditors who are owed compensation and then | 14727 |
| any remaining funds shall be paid to the state treasury to the | 14728 |
| credit of the general revenue fund. | 14729 |
| (B) If a community school closes and ceases to operate as a | 14730 |
| community school and the school has received computer hardware or | 14731 |
| software from the former Ohio SchoolNet commission or the agency | 14732 |
| designated by the governor to assume the functions of the | 14733 |
| commission, such hardware or software shall be returned to the | 14734 |
| 14735 | |
| the hardware and software, to the extent such redistribution is | 14736 |
| possible, to school districts in conformance with the provisions | 14737 |
| of the programs operated and administered by
the | 14738 |
| agency. | 14739 |
| (C) If the assets of the school are insufficient to pay all | 14740 |
| persons or entities to whom compensation is owed, the | 14741 |
| prioritization of the distribution of the assets to individual | 14742 |
| persons or entities within each class of payees may be determined | 14743 |
| by decree of a court in accordance with this section and Chapter | 14744 |
| 1702. of the Revised Code. | 14745 |
| Sec. 3314.08. (A) As used in this section: | 14746 |
| (1) "Base formula amount" means the amount specified as such | 14747 |
| in a community school's financial plan for a school year pursuant | 14748 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 14749 |
| (2) "Cost-of-doing-business factor" has the same meaning as | 14750 |
| in section 3317.02 of the Revised Code. | 14751 |
| (3) "IEP" means an individualized education program as | 14752 |
| defined in section 3323.01 of the Revised Code. | 14753 |
| (4) "Applicable special education weight" means the multiple | 14754 |
| specified in section 3317.013 of the Revised Code for a handicap | 14755 |
| described in that section. | 14756 |
| (5) "Applicable vocational education weight" means: | 14757 |
| (a) For a student enrolled in vocational education programs | 14758 |
| or classes described in division (A) of section 3317.014 of the | 14759 |
| Revised Code, the multiple specified in that division; | 14760 |
| (b) For a student enrolled in vocational education programs | 14761 |
| or classes described in division (B) of section 3317.014 of the | 14762 |
| Revised Code, the multiple specified in that division. | 14763 |
| (6) "Entitled to attend school" means entitled to attend | 14764 |
| school in a district under section 3313.64 or 3313.65 of the | 14765 |
| Revised Code. | 14766 |
| (7)
A community school student
is "included in the | 14767 |
| poverty student count" of a school district if the student is | 14768 |
| entitled to
attend school in the district and | 14769 |
| | 14770 |
| 14771 |
| | 14772 |
| student's family income does not exceed the federal poverty | 14773 |
| guidelines, as defined in section 5101.46 of the Revised Code, and | 14774 |
| the student's family receives family assistance, as defined in | 14775 |
| section 3317.029 of the Revised Code. | 14776 |
| (8) " | 14777 |
| the percentage figure, if any, for reducing the per pupil amount | 14778 |
|
of | 14779 |
| community school is entitled to receive pursuant to divisions | 14780 |
| (D)(5) and (6) of this section in any year, as specified in the | 14781 |
| school's financial plan for the year pursuant to division (A)(15) | 14782 |
| of section 3314.03 of the Revised Code. | 14783 |
| (9) "All-day kindergarten" has the same meaning as in section | 14784 |
| 3317.029 of the Revised Code. | 14785 |
| (10) "SF-3 payment" means the sum of the payments to a school | 14786 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 14787 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 14788 |
| of section 3317.024, and sections 3317.029, 3317.0212, | 14789 |
| 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of | 14790 |
| the Revised Code after making the adjustments required by sections | 14791 |
| 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), | 14792 |
| (M), and (N) of section 3317.023, and division (C) of section | 14793 |
| 3317.20 of the Revised Code. | 14794 |
| (B) The state board of education shall adopt rules requiring | 14795 |
| both of the following: | 14796 |
| (1) The board of education of each city, exempted village, | 14797 |
| and local school district to annually report the number of | 14798 |
| students entitled to attend school in the district who are | 14799 |
| enrolled in grades one through twelve in a community school | 14800 |
| established under this chapter, the number of students entitled to | 14801 |
| attend school in the district who are enrolled in kindergarten in | 14802 |
| a community school, the number of those kindergartners who are | 14803 |
| enrolled in all-day kindergarten in their community school, and | 14804 |
| for each child, the community school in which the child is | 14805 |
| enrolled. | 14806 |
| (2) The governing authority of each community school | 14807 |
| established under this chapter to annually report all of the | 14808 |
| following: | 14809 |
| (a) The number of students enrolled in grades one through | 14810 |
| twelve and the number of students enrolled in kindergarten in the | 14811 |
| school who are not receiving special education and related | 14812 |
| services pursuant to an IEP; | 14813 |
| (b) The number of enrolled students in grades one through | 14814 |
| twelve and the number of enrolled students in kindergarten, who | 14815 |
| are receiving special education and related services pursuant to | 14816 |
| an IEP; | 14817 |
| (c) The number of students reported under division (B)(2)(b) | 14818 |
| of this section receiving special education and related services | 14819 |
| pursuant to an IEP for a handicap described in each of divisions | 14820 |
| (A) to (F) of section 3317.013 of the Revised Code; | 14821 |
| (d) The full-time equivalent number of students reported | 14822 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 14823 |
| in vocational education programs or classes described in each of | 14824 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 14825 |
| are provided by the community school; | 14826 |
| (e) Twenty per cent of the number of students reported under | 14827 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 14828 |
| under division (B)(2)(d) of this section but who are enrolled in | 14829 |
| vocational education programs or classes described in each of | 14830 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 14831 |
| joint vocational school district under a contract between the | 14832 |
| community school and the joint vocational school district and are | 14833 |
| entitled to attend school in a city, local, or exempted village | 14834 |
| school district whose territory is part of the territory of the | 14835 |
| joint vocational district; | 14836 |
| (f) The number of enrolled preschool handicapped students | 14837 |
| receiving special education services in a state-funded unit; | 14838 |
| (g) The community school's base formula amount; | 14839 |
| (h) For each student, the city, exempted village, or local | 14840 |
| school district in which the student is entitled to attend school; | 14841 |
| (i) Any | 14842 |
| applies to a school year. | 14843 |
| (C) From the SF-3 payment made to a city, exempted village, | 14844 |
| or local school district and, if necessary, from the payment made | 14845 |
| to the district under sections 321.24 and 323.156 of the Revised | 14846 |
| Code, the department of education shall annually subtract the sum | 14847 |
| of the amounts described in divisions (C)(1) to (6) of this | 14848 |
| section. However, the aggregate amount deducted under this | 14849 |
| division shall not exceed the sum of the district's SF-3 payment | 14850 |
| and its payment under sections 321.24 and 323.156 of the Revised | 14851 |
| Code. | 14852 |
| (1) An amount equal to the sum of the amounts obtained when, | 14853 |
| for each community school where the district's students are | 14854 |
| enrolled, the number of the district's students reported under | 14855 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 14856 |
| in grades one through twelve, and one-half the number of students | 14857 |
| reported under those divisions who are enrolled in kindergarten, | 14858 |
| in that community school is multiplied by the greater of the | 14859 |
| following: | 14860 |
| (a) The fiscal year 2005 base formula amount of that | 14861 |
| community school as adjusted by the school district's fiscal year | 14862 |
| 2005 cost-of-doing-business factor; | 14863 |
| (b) The sum of the current base formula amount of that | 14864 |
| community school plus the per pupil amount of the base funding | 14865 |
| supplements specified in divisions (B)(3)(a) to (d) of section | 14866 |
| 3317.012 of the Revised Code. | 14867 |
| (2) The sum of the amounts calculated under divisions | 14868 |
| (C)(2)(a) and (b) of this section: | 14869 |
| (a) For each of the district's students reported under | 14870 |
| division (B)(2)(c) of this section as enrolled in a community | 14871 |
| school in grades one through twelve and receiving special | 14872 |
| education and related services pursuant to an IEP for a handicap | 14873 |
| described in section 3317.013 of the Revised Code, the product of | 14874 |
| the applicable special education weight times the community | 14875 |
| school's base formula amount; | 14876 |
| (b) For each of the district's students reported under | 14877 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 14878 |
| a community school and receiving special education and related | 14879 |
| services pursuant to an IEP for a handicap described in section | 14880 |
| 3317.013 of the Revised Code, one-half of the amount calculated as | 14881 |
| prescribed in division (C)(2)(a) of this section. | 14882 |
| (3) For each of the district's students reported under | 14883 |
| division (B)(2)(d) of this section for whom payment is made under | 14884 |
| division (D)(4) of this section, the amount of that payment; | 14885 |
| (4) An amount equal to the sum of the amounts obtained when, | 14886 |
| for each community school where the district's students are | 14887 |
| enrolled, the number of the district's students enrolled in that | 14888 |
|
community school
who are included in the district's | 14889 |
| student count is multiplied by the per pupil amount of | 14890 |
| 14891 | |
| district receives that year pursuant to division (B) or (C) of | 14892 |
| section 3317.029 of
the
Revised
Code, as
adjusted by any | 14893 |
| poverty-based assistance reduction factor of that community | 14894 |
|
school.
If
the district receives
| 14895 |
| poverty-based assistance under division (B) of that section, the | 14896 |
| per pupil amount of that aid is the quotient of the amount the | 14897 |
| district received under that division divided by the district's | 14898 |
| 14899 | |
|
district receives
| 14900 |
| assistance under division (C) of section 3317.029 of the Revised | 14901 |
| Code, the per pupil amount of that aid is the per pupil dollar | 14902 |
| amount prescribed for the district in division (C)(1) or (2) of | 14903 |
| that section. | 14904 |
| (5) An amount equal to the sum of the amounts obtained when, | 14905 |
| for each community school where the district's students are | 14906 |
| enrolled, the district's per pupil amount of aid received under | 14907 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 14908 |
|
by any
| 14909 |
| community school, is multiplied by the sum of the following: | 14910 |
| (a) The number of the district's students reported under | 14911 |
| division (B)(2)(a) of this section who are enrolled in grades one | 14912 |
| to three in that community school and who are not receiving | 14913 |
| special education and related services pursuant to an IEP; | 14914 |
| (b) One-half of the district's students who are enrolled in | 14915 |
| all-day or any other kindergarten class in that community school | 14916 |
| and who are not receiving special education and related services | 14917 |
| pursuant to an IEP; | 14918 |
| (c) One-half of the district's students who are enrolled in | 14919 |
| all-day kindergarten in that community school and who are not | 14920 |
| receiving special education and related services pursuant to an | 14921 |
| IEP. | 14922 |
| The district's per pupil amount of aid under division (E) of | 14923 |
| section 3317.029 of the Revised Code is the quotient of the amount | 14924 |
| the district received under that division divided by the | 14925 |
| district's kindergarten through third grade ADM, as defined in | 14926 |
| that section. | 14927 |
| (6) An amount equal to the per pupil state parity aid funding | 14928 |
| calculated for the school district under either division (C) or | 14929 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 14930 |
| of the number of students in grades one through twelve, and | 14931 |
| one-half of the number of students in kindergarten, who are | 14932 |
| entitled to attend school in the district and are enrolled in a | 14933 |
| community school as reported under division (B)(1) of this | 14934 |
| section. | 14935 |
| (D) The department shall annually pay to a community school | 14936 |
| established under this chapter the sum of the amounts described in | 14937 |
| divisions (D)(1) to (7) of this section. However, the sum of the | 14938 |
| payments to all community schools under divisions (D)(1), (2), | 14939 |
| (4), (5), (6), and (7) of this section for the students entitled | 14940 |
| to attend school in any particular school district shall not | 14941 |
| exceed the sum of that district's SF-3 payment and its payment | 14942 |
| under sections 321.24 and 323.156 of the Revised Code. If the sum | 14943 |
| of the payments calculated under those divisions for the students | 14944 |
| entitled to attend school in a particular school district exceeds | 14945 |
| the sum of that district's SF-3 payment and its payment under | 14946 |
| sections 321.24 and 323.156 of the Revised Code, the department | 14947 |
| shall calculate and apply a proration factor to the payments to | 14948 |
| all community schools under those divisions for the students | 14949 |
| entitled to attend school in that district. | 14950 |
| (1) An amount equal to the sum of the amounts obtained when | 14951 |
| the number of students enrolled in grades one through twelve, plus | 14952 |
| one-half of the kindergarten students in the school, reported | 14953 |
| under divisions (B)(2)(a), (b), and (e) of this section who are | 14954 |
| not receiving special education and related services pursuant to | 14955 |
| an IEP for a handicap described in section 3317.013 of the Revised | 14956 |
| Code is multiplied by the greater of the following: | 14957 |
| (a) The community school's fiscal year 2005 base formula | 14958 |
| amount, as adjusted by the fiscal year 2005 cost-of-doing-business | 14959 |
| factor of the school district in which the student is entitled to | 14960 |
| attend school; | 14961 |
| (b) The sum of the community school's current base formula | 14962 |
| amount plus the per pupil amount of the base funding supplements | 14963 |
| specified in divisions (B)(3)(a) to (d) of section 3317.012 of the | 14964 |
| Revised Code. | 14965 |
| (2) The greater of the following: | 14966 |
| (a) The aggregate amount that the department paid to the | 14967 |
| community school in fiscal year 1999 for students receiving | 14968 |
| special education and related services pursuant to IEPs, excluding | 14969 |
| federal funds and state disadvantaged pupil impact aid funds; | 14970 |
| (b) The sum of the amounts calculated under divisions | 14971 |
| (D)(2)(b)(i) and (ii) of this section: | 14972 |
| (i) For each student reported under division (B)(2)(c) of | 14973 |
| this section as enrolled in the school in grades one through | 14974 |
| twelve and receiving special education and related services | 14975 |
| pursuant to an IEP for a handicap described in section 3317.013 of | 14976 |
| the Revised Code, the following amount: | 14977 |
| 14978 | |
| 14979 |
| 14980 |
| 14981 |
| 14982 | |
| 14983 | |
| 14984 | |
| 14985 | |
| 14986 |
| 14987 |
| (ii) For each student reported under division (B)(2)(c) of | 14988 |
| this section as enrolled in kindergarten and receiving special | 14989 |
| education and related services pursuant to an IEP for a handicap | 14990 |
| described in section 3317.013 of the Revised Code, one-half of the | 14991 |
| amount calculated under the formula prescribed in division | 14992 |
| (D)(2)(b)(i) of this section. | 14993 |
| (3) An amount received from federal funds to provide special | 14994 |
| education and related services to students in the community | 14995 |
| school, as determined by the superintendent of public instruction. | 14996 |
| (4) For each student reported under division (B)(2)(d) of | 14997 |
| this section as enrolled in vocational education programs or | 14998 |
| classes that are described in section 3317.014 of the Revised | 14999 |
| Code, are provided by the community school, and are comparable as | 15000 |
| determined by the superintendent of public instruction to school | 15001 |
| district vocational education programs and classes eligible for | 15002 |
| state weighted funding under section 3317.014 of the Revised Code, | 15003 |
| an amount equal to the applicable vocational education weight | 15004 |
| times the community school's base formula amount times the | 15005 |
| percentage of time the student spends in the vocational education | 15006 |
| programs or classes. | 15007 |
| (5) An amount equal to the sum of the amounts obtained when, | 15008 |
| for each school district where the community school's students are | 15009 |
| entitled to attend school, the number of that district's students | 15010 |
| enrolled in the community school who are included in the | 15011 |
|
district's | 15012 |
| pupil
amount of | 15013 |
| assistance that school district receives that year pursuant to | 15014 |
| division (B) or (C) of section 3317.029 of the Revised Code, as | 15015 |
|
adjusted by
any | 15016 |
| the community school. The per pupil amount of aid shall be | 15017 |
| determined as described in division (C)(4) of this section. | 15018 |
| (6) An amount equal to the sum of the amounts obtained when, | 15019 |
| for each school district where the community school's students are | 15020 |
| entitled to attend school, the district's per pupil amount of aid | 15021 |
| received under division (E) of section 3317.029 of the Revised | 15022 |
|
Code, as adjusted by any | 15023 |
| factor of the community school, is multiplied by the sum of the | 15024 |
| following: | 15025 |
| (a) The number of the district's students reported under | 15026 |
| division (B)(2)(a) of this section who are enrolled in grades one | 15027 |
| to three in that community school and who are not receiving | 15028 |
| special education and related services pursuant to an IEP; | 15029 |
| (b) One-half of the district's students who are enrolled in | 15030 |
| all-day or any other kindergarten class in that community school | 15031 |
| and who are not receiving special education and related services | 15032 |
| pursuant to an IEP; | 15033 |
| (c) One-half of the district's students who are enrolled in | 15034 |
| all-day kindergarten in that community school and who are not | 15035 |
| receiving special education and related services pursuant to an | 15036 |
| IEP. | 15037 |
| The district's per pupil amount of aid under division (E) of | 15038 |
| section 3317.029 of the Revised Code shall be determined as | 15039 |
| described in division (C)(5) of this section. | 15040 |
| (7) An amount equal to the sum of the amounts obtained when, | 15041 |
| for each school district where the community school's students are | 15042 |
| entitled to attend school, the district's per pupil amount of | 15043 |
| state parity aid funding calculated under either division (C) or | 15044 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 15045 |
| sum of the number of that district's students enrolled in grades | 15046 |
| one through twelve, and one-half of the number of that district's | 15047 |
| students enrolled in kindergarten, in the community school as | 15048 |
| reported under division (B)(2)(a) and (b) of this section. | 15049 |
| (E)(1) If a community school's costs for a fiscal year for a | 15050 |
| student receiving special education and related services pursuant | 15051 |
| to an IEP for a handicap described in divisions (B) to (F) of | 15052 |
| section 3317.013 of the Revised Code exceed the threshold | 15053 |
| catastrophic cost for serving the student as specified in division | 15054 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 15055 |
| submit to the superintendent of public instruction documentation, | 15056 |
| as prescribed by the superintendent, of all its costs for that | 15057 |
| student. Upon submission of documentation for a student of the | 15058 |
| type and in the manner prescribed, the department shall pay to the | 15059 |
| community school an amount equal to the school's costs for the | 15060 |
| student in excess of the threshold catastrophic costs. | 15061 |
| (2) The community school shall only report under division | 15062 |
| (E)(1) of this section, and the department shall only pay for, the | 15063 |
| costs of educational expenses and the related services provided to | 15064 |
| the student in accordance with the student's individualized | 15065 |
| education program. Any legal fees, court costs, or other costs | 15066 |
| associated with any cause of action relating to the student may | 15067 |
| not be included in the amount. | 15068 |
| (F) A community school may apply to the department of | 15069 |
| education for preschool handicapped or gifted unit funding the | 15070 |
| school would receive if it were a school district. Upon request of | 15071 |
| its governing authority, a community school that received unit | 15072 |
| funding as a school district-operated school before it became a | 15073 |
| community school shall retain any units awarded to it as a school | 15074 |
| district-operated school provided the school continues to meet | 15075 |
| eligibility standards for the unit. | 15076 |
| A community school shall be considered a school district and | 15077 |
| its governing authority shall be considered a board of education | 15078 |
| for the purpose of applying to any state or federal agency for | 15079 |
| grants that a school district may receive under federal or state | 15080 |
| law or any appropriations act of the general assembly. The | 15081 |
| governing authority of a community school may apply to any private | 15082 |
| entity for additional funds. | 15083 |
| (G) A board of education sponsoring a community school may | 15084 |
| utilize local funds to make enhancement grants to the school or | 15085 |
| may agree, either as part of the contract or separately, to | 15086 |
| provide any specific services to the community school at no cost | 15087 |
| to the school. | 15088 |
| (H) A community school may not levy taxes or issue bonds | 15089 |
| secured by tax revenues. | 15090 |
| (I) No community school shall charge tuition for the | 15091 |
| enrollment of any student. | 15092 |
| (J)(1)(a) A community school may borrow money to pay any | 15093 |
| necessary and actual expenses of the school in anticipation of the | 15094 |
| receipt of any portion of the payments to be received by the | 15095 |
| school pursuant to division (D) of this section. The school may | 15096 |
| issue notes to evidence such borrowing. The proceeds of the notes | 15097 |
| shall be used only for the purposes for which the anticipated | 15098 |
| receipts may be lawfully expended by the school. | 15099 |
| (b) A school may also borrow money for a term not to exceed | 15100 |
| fifteen years for the purpose of acquiring facilities. | 15101 |
| (2) Except for any amount guaranteed under section 3318.50 of | 15102 |
| the Revised Code, the state is not liable for debt incurred by the | 15103 |
| governing authority of a community school. | 15104 |
| (K) For purposes of determining the number of students for | 15105 |
| which divisions (D)(5) and (6) of this section applies in any | 15106 |
| school year, a community school may submit to the department of | 15107 |
| job and family services, no later than the first day of March, a | 15108 |
| list of the students enrolled in the school. For each student on | 15109 |
| the list, the community school shall indicate the student's name, | 15110 |
| address, and date of birth and the school district where the | 15111 |
| student is entitled to attend school. Upon receipt of a list under | 15112 |
| this division, the department of job and family services shall | 15113 |
| determine, for each school district where one or more students on | 15114 |
| the list is entitled to attend school, the number of students | 15115 |
| residing in that school district who were included in the | 15116 |
| department's report under section 3317.10 of the Revised Code. The | 15117 |
| department shall make this determination on the basis of | 15118 |
| information readily available to it. Upon making this | 15119 |
| determination and no later than ninety days after submission of | 15120 |
| the list by the community school, the department shall report to | 15121 |
| the state department of education the number of students on the | 15122 |
| list who reside in each school district who were included in the | 15123 |
| department's report under section 3317.10 of the Revised Code. In | 15124 |
| complying with this division, the department of job and family | 15125 |
| services shall not report to the state department of education any | 15126 |
| personally identifiable information on any student. | 15127 |
| (L) The department of education shall adjust the amounts | 15128 |
| subtracted and paid under divisions (C) and (D) of this section to | 15129 |
| reflect any enrollment of students in community schools for less | 15130 |
| than the equivalent of a full school year. The state board of | 15131 |
| education within ninety days after April 8, 2003, shall adopt in | 15132 |
| accordance with Chapter 119. of the Revised Code rules governing | 15133 |
| the payments to community schools under this section including | 15134 |
| initial payments in a school year and adjustments and reductions | 15135 |
| made in subsequent periodic payments to community schools and | 15136 |
| corresponding deductions from school district accounts as provided | 15137 |
| under divisions (C) and (D) of this section. For purposes of this | 15138 |
| section: | 15139 |
| (1) A student shall be considered enrolled in the community | 15140 |
| school for any portion of the school year the student is | 15141 |
| participating at a college under Chapter 3365. of the Revised | 15142 |
| Code. | 15143 |
| (2) A student shall be considered to be enrolled in a | 15144 |
| community school during a school year for the period of time | 15145 |
| between the date on which the school both has received | 15146 |
| documentation of the student's enrollment from a parent and has | 15147 |
| commenced participation in learning opportunities as defined in | 15148 |
| the contract with the sponsor. For purposes of applying this | 15149 |
| division to a community school student, "learning opportunities" | 15150 |
| shall be defined in the contract, which shall describe both | 15151 |
| classroom-based and non-classroom-based learning opportunities and | 15152 |
| shall be in compliance with criteria and documentation | 15153 |
| requirements for student participation which shall be established | 15154 |
| by the department. Any student's instruction time in | 15155 |
| non-classroom-based learning opportunities shall be certified by | 15156 |
| an employee of the community school. A student's enrollment shall | 15157 |
| be considered to cease on the date on which any of the following | 15158 |
| occur: | 15159 |
| (a) The community school receives documentation from a parent | 15160 |
| terminating enrollment of the student. | 15161 |
| (b) The community school is provided documentation of a | 15162 |
| student's enrollment in another public or private school. | 15163 |
| (c) The community school ceases to offer learning | 15164 |
| opportunities to the student pursuant to the terms of the contract | 15165 |
| with the sponsor or the operation of any provision of this | 15166 |
| chapter. | 15167 |
| (3) A student's percentage of full-time equivalency shall be | 15168 |
| considered to be the percentage the hours of learning opportunity | 15169 |
| offered to that student is of nine hundred and twenty hours. | 15170 |
| (M) The department of education shall reduce the amounts paid | 15171 |
| under division (D) of this section to reflect payments made to | 15172 |
| colleges under division (B) of section 3365.07 of the Revised | 15173 |
| Code. | 15174 |
| (N)(1) No student shall be considered enrolled in any | 15175 |
| internet- or computer-based community school unless both of the | 15176 |
| following conditions are satisfied: | 15177 |
| (a) The student possesses or has been provided with all | 15178 |
| required hardware and software materials and all such materials | 15179 |
| are operational so that the student is capable of fully | 15180 |
| participating in the learning opportunities specified in the | 15181 |
| contract between the school and the school's sponsor as required | 15182 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 15183 |
| (b) The school is in compliance with division (A)(1) or (2) | 15184 |
| of section 3314.032 of the Revised Code, relative to such student. | 15185 |
| (2) In accordance with policies adopted jointly by the | 15186 |
| superintendent of public instruction and the auditor of state, the | 15187 |
| department shall reduce the amounts otherwise payable under | 15188 |
| division (D) of this section to any internet- or computer-based | 15189 |
| community school that includes in its program the provision of | 15190 |
| computer hardware and software materials to each student, if such | 15191 |
| hardware and software materials have not been delivered, | 15192 |
| installed, and activated for all students in a timely manner or | 15193 |
| other educational materials or services have not been provided | 15194 |
| according to the contract between the individual community school | 15195 |
| and its sponsor. | 15196 |
| The superintendent of public instruction and the auditor of | 15197 |
| state shall jointly establish a method for auditing any community | 15198 |
| school to which this division pertains to ensure compliance with | 15199 |
| this section. | 15200 |
| The superintendent, auditor of state, and the governor shall | 15201 |
| jointly make recommendations to the general assembly for | 15202 |
| legislative changes that may be required to assure fiscal and | 15203 |
| academic accountability for such internet- or computer-based | 15204 |
| schools. | 15205 |
| (O)(1) If the department determines that a review of a | 15206 |
| community school's enrollment is necessary, such review shall be | 15207 |
| completed and written notice of the findings shall be provided to | 15208 |
| the governing authority of the community school and its sponsor | 15209 |
| within ninety days of the end of the community school's fiscal | 15210 |
| year, unless extended for a period not to exceed thirty additional | 15211 |
| days for one of the following reasons: | 15212 |
| (a) The department and the community school mutually agree to | 15213 |
| the extension. | 15214 |
| (b) Delays in data submission caused by either a community | 15215 |
| school or its sponsor. | 15216 |
| (2) If the review results in a finding that additional | 15217 |
| funding is owed to the school, such payment shall be made within | 15218 |
| thirty days of the written notice. If the review results in a | 15219 |
| finding that the community school owes moneys to the state, the | 15220 |
| following procedure shall apply: | 15221 |
| (a) Within ten business days of the receipt of the notice of | 15222 |
| findings, the community school may appeal the department's | 15223 |
| determination to the state board of education or its designee. | 15224 |
| (b) The board or its designee shall conduct an informal | 15225 |
| hearing on the matter within thirty days of receipt of such an | 15226 |
| appeal and shall issue a decision within fifteen days of the | 15227 |
| conclusion of the hearing. | 15228 |
| (c) If the board has enlisted a designee to conduct the | 15229 |
| hearing, the designee shall certify its decision to the board. The | 15230 |
| board may accept the decision of the designee or may reject the | 15231 |
| decision of the designee and issue its own decision on the matter. | 15232 |
| (d) Any decision made by the board under this division is | 15233 |
| final. | 15234 |
| (3) If it is decided that the community school owes moneys to | 15235 |
| the state, the department shall deduct such amount from the | 15236 |
| school's future payments in accordance with guidelines issued by | 15237 |
| the superintendent of public instruction. | 15238 |
| Sec. 3314.13. (A) As used in this section: | 15239 |
| (1) "All-day kindergarten" has the same meaning as in section | 15240 |
| 3317.029 of the Revised Code. | 15241 |
| (2) "Formula amount" has the same meaning as in section | 15242 |
| 3317.02 of the Revised Code. | 15243 |
| (B) The department of education annually shall pay each | 15244 |
| community school established under this chapter one-half of the | 15245 |
| formula amount for each student to whom both of the following | 15246 |
| apply: | 15247 |
| (1) The student is entitled to attend school under section | 15248 |
| 3313.64 or 3313.65 of the Revised Code in a school district that | 15249 |
| is eligible to receive a payment under division (D) of section | 15250 |
| 3317.029 of the Revised Code if it provides all-day kindergarten; | 15251 |
| (2) The student is reported by the community school as | 15252 |
| enrolled in all-day kindergarten at the community school. | 15253 |
| (C) If a student for whom payment is made under division (B) | 15254 |
| of this section is entitled to attend school in a district that | 15255 |
| receives any payment for all-day kindergarten under division (D) | 15256 |
| of section 3317.029 of the Revised Code, the department shall | 15257 |
| deduct the payment to the community school under this section from | 15258 |
| the amount paid that school district under that division. If that | 15259 |
| school district does not receive payment for all-day kindergarten | 15260 |
| under that division because it does not provide all-day | 15261 |
| kindergarten, the department shall pay the community school from | 15262 |
|
state
funds appropriated generally for | 15263 |
| 15264 |
| (D) The department shall adjust the amounts deducted from | 15265 |
| school districts and paid to community schools under this section | 15266 |
| to reflect any enrollments of students in all-day kindergarten in | 15267 |
| community schools for less than the equivalent of a full school | 15268 |
| year. | 15269 |
| Sec. 3315.37. The board of education of a school district | 15270 |
| may establish a teacher education loan program and may expend | 15271 |
| school funds for the program. The program shall be for the purpose | 15272 |
| of making loans to students who are residents of the school | 15273 |
| district or graduates of schools in the school district, who are | 15274 |
| enrolled in teacher preparation programs at institutions approved | 15275 |
| by the state board pursuant to section 3319.23 of the Revised | 15276 |
| Code, and who indicate an intent to teach in the school district | 15277 |
| providing the loan. The district board may forgive the obligation | 15278 |
| to repay any or all of the principal and interest on the loan if | 15279 |
| the borrower teaches in that school district. | 15280 |
| The district board shall adopt rules establishing eligibility | 15281 |
| criteria, application procedures, procedures for review of | 15282 |
| applications, loan amounts, interest, repayment schedules, | 15283 |
| conditions under which principal and interest obligations incurred | 15284 |
| under the program will be forgiven, and any other matter | 15285 |
| incidental to the operation of the program. | 15286 |
| The board may contract with a private, nonprofit foundation, | 15287 |
| one or more institutions of higher education, or other educational | 15288 |
| agencies to administer the program. | 15289 |
| The receipt of a loan under this section does not affect a | 15290 |
| student's eligibility for assistance, or the amount of such | 15291 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 15292 |
| 3333.22, 3333.26, 3333.27, 5910.04, or 5919.34 of the Revised | 15293 |
| Code, but the board's rules may provide for taking such assistance | 15294 |
| into consideration when determining a student's eligibility for a | 15295 |
| loan under this section. | 15296 |
| Sec. 3317.012. (A)(1) The general assembly, having analyzed | 15297 |
| school district expenditure and cost data for fiscal year 1999, | 15298 |
|
performed the calculation described in division
| 15299 |
| section, adjusted the results for inflation, and added the amounts | 15300 |
| described in division (A)(2) of this section, hereby determines | 15301 |
| that the base cost of an adequate education per pupil for the | 15302 |
| fiscal year beginning July 1, 2001, is $4,814. The base cost per | 15303 |
| pupil, reflecting an annual rate of inflation of two and | 15304 |
| eight-tenths per cent, is $4,949 for fiscal year 2003. The base | 15305 |
| cost per pupil, reflecting an annual rate of inflation of two and | 15306 |
| two-tenths per cent, is $5,058 for fiscal year 2004 and $5,169 for | 15307 |
| fiscal year 2005. | 15308 |
| (2) The base cost per pupil amounts specified in division | 15309 |
| (A)(1) of this section include amounts to reflect the cost to | 15310 |
| school districts of increasing the minimum number of high school | 15311 |
| academic units required for graduation beginning September 15, | 15312 |
| 2001, under section 3313.603 of the Revised Code. Analysis of | 15313 |
| fiscal year 1999 data revealed that the school districts meeting | 15314 |
|
the requirements of division | 15315 |
| required high school students to complete a minimum of nineteen | 15316 |
| and eight-tenths units to graduate. The general assembly | 15317 |
| determines that the cost of funding the additional two-tenths unit | 15318 |
| required by section 3313.603 of the Revised Code is $12 per pupil | 15319 |
| in fiscal year 2002. This amount was added after the calculation | 15320 |
|
described in division | 15321 |
| for inflation from fiscal year 1999 to fiscal year 2002. It is | 15322 |
| this total amount, the calculated base cost plus the supplement to | 15323 |
| pay for the additional partial unit, that constitutes the base | 15324 |
| cost amount specified in division (A)(1) of this section for | 15325 |
| fiscal year 2002 and that is inflated to produce the base cost | 15326 |
| amounts for fiscal years 2003 through 2005. | 15327 |
| (B)(1) Subsequent to the calculations and determinations of | 15328 |
| base cost made under division (A) of this section, the governor's | 15329 |
| blue ribbon task force on financing student success determined | 15330 |
| that the fiscal year 2005 base cost should be increased for future | 15331 |
| fiscal years using an inflation formula that presumes a school | 15332 |
| district's per-pupil base cost is divided into three separate | 15333 |
| components, each with a different rate of inflation. These three | 15334 |
| components are salaries and non-health care benefits, health care | 15335 |
| benefits, and other goods and services needed by each district to | 15336 |
| support the education of all its students, including, but not | 15337 |
| limited to, building infrastructure and maintenance. Accordingly, | 15338 |
| the task force recommended and the general assembly accepts as its | 15339 |
| determination the following: | 15340 |
| (a) Salaries and non-health care benefits represent 71.2% of | 15341 |
| the total per-pupil base cost, which part of the base cost should | 15342 |
| be inflated annually by the projected inflationary measure for the | 15343 |
| employment cost index (all civilian workers, wages only) prepared | 15344 |
| by the bureau of labor statistics of the United States department | 15345 |
| of labor, which is 2.5% for fiscal year 2006 and 2.9% for fiscal | 15346 |
| year 2007. | 15347 |
| (b) Health care benefits represent 13.8% of the per-pupil | 15348 |
| base cost, which part of the base cost should be inflated annually | 15349 |
| by the projected inflationary measure for the employment cost | 15350 |
| index (all civilian workers, benefits only) prepared by the bureau | 15351 |
| of labor statistics of the United States department of labor, | 15352 |
| which is 7.2% for fiscal year 2006 and 4.9% for fiscal year 2007. | 15353 |
| (c) Other goods and services needed by each district to | 15354 |
| support the education of all its students represent 15.0% of the | 15355 |
| per-pupil base cost, which part of the base cost should be | 15356 |
| inflated annually by the projected inflationary measure for the | 15357 |
| gross domestic product deflator (all items) prepared by the bureau | 15358 |
| of labor statistics of the United States department of labor, | 15359 |
| which is 2.0% for fiscal year 2006 and 1.8% for fiscal year 2007. | 15360 |
| (2) Based on divisions (B)(1)(a), (b), and (c) of this | 15361 |
| section, the per-pupil base cost is $5,328 for fiscal year 2006 | 15362 |
| and $5,489 for fiscal year 2007, which shall be the formula amount | 15363 |
| for each of those fiscal years. | 15364 |
| (3) In addition, to the per-pupil base cost as determined | 15365 |
| under division (B)(1) of this section, the task force recommended | 15366 |
| and the general assembly determines that the following base | 15367 |
| funding supplements shall be paid to school districts in each of | 15368 |
| fiscal years 2006 and 2007: | 15369 |
| (a) Base funding for academic intervention services, | 15370 |
| calculated according to the following formula: | 15371 |
| 15372 |
| Where "multiple" equals 0.40 in fiscal year 2006 and 0.60 in | 15373 |
| fiscal year 2007. | 15374 |
| (b) Base funding for professional development, calculated | 15375 |
| according to the following formula: | 15376 |
| 15377 |
| Where "multiple" equals 0.40 in fiscal year 2006 and 0.60 in | 15378 |
| fiscal year 2007. | 15379 |
| (c) Base funding for data-based decision making, calculated | 15380 |
| according to the following formula: | 15381 |
| 15382 |
| (d) Base funding for professional development regarding | 15383 |
| data-based decision making, calculated according to the following | 15384 |
| formula: | 15385 |
| 15386 | |
| 15387 |
| Where: | 15388 |
| (i) For each urban school district, as defined in section | 15389 |
| 3314.02 of the Revised Code, the district's "teacher factor" is | 15390 |
| the district's formula ADM divided by twelve; | 15391 |
| (ii) For every other school district, the district's "teacher | 15392 |
| factor" is the district's formula ADM divided by seventeen; | 15393 |
| (iii) For all school districts, a district's "principal | 15394 |
| factor" is the district's teacher factor divided by twenty. | 15395 |
| (C) In determining the base cost stated in division (A) of | 15396 |
| this section, capital and debt costs, costs paid for by federal | 15397 |
| funds, and costs covered by funds provided for disadvantaged pupil | 15398 |
| impact aid and transportation were excluded, as were the effects | 15399 |
| on the districts' state funds of the application of the | 15400 |
| cost-of-doing-business factors, assuming a seven and one-half per | 15401 |
| cent variance. | 15402 |
| The base cost for fiscal year 1999 was calculated as the | 15403 |
| unweighted average cost per student, on a school district basis, | 15404 |
| of educating students who were not receiving vocational education | 15405 |
| or services pursuant to Chapter 3323. of the Revised Code and who | 15406 |
| were enrolled in a city, exempted village, or local school | 15407 |
| district that in fiscal year 1999 met all of the following | 15408 |
| criteria: | 15409 |
| (1) The district met at least twenty of the following | 15410 |
| twenty-seven performance indicators: | 15411 |
| (a) A ninety per cent or higher graduation rate; | 15412 |
| (b) At least seventy-five per cent of fourth graders | 15413 |
| proficient on the mathematics test prescribed under former | 15414 |
| division (A)(1) of section 3301.0710 of the Revised Code; | 15415 |
| (c) At least seventy-five per cent of fourth graders | 15416 |
| proficient on the reading test prescribed under former division | 15417 |
| (A)(1) of section 3301.0710 of the Revised Code; | 15418 |
| (d) At least seventy-five per cent of fourth graders | 15419 |
| proficient on the writing test prescribed under former division | 15420 |
| (A)(1) of section 3301.0710 of the Revised Code; | 15421 |
| (e) At least seventy-five per cent of fourth graders | 15422 |
| proficient on the citizenship test prescribed under former | 15423 |
| division (A)(1) of section 3301.0710 of the Revised Code; | 15424 |
| (f) At least seventy-five per cent of fourth graders | 15425 |
| proficient on the science test prescribed under former division | 15426 |
| (A)(1) of section 3301.0710 of the Revised Code; | 15427 |
| (g) At least seventy-five per cent of sixth graders | 15428 |
| proficient on the mathematics test prescribed under former | 15429 |
| division (A)(2) of section 3301.0710 of the Revised Code; | 15430 |
| (h) At least seventy-five per cent of sixth graders | 15431 |
| proficient on the reading test prescribed under former division | 15432 |
| (A)(2) of section 3301.0710 of the Revised Code; | 15433 |
| (i) At least seventy-five per cent of sixth graders | 15434 |
| proficient on the writing test prescribed under former division | 15435 |
| (A)(2) of section 3301.0710 of the Revised Code; | 15436 |
| (j) At least seventy-five per cent of sixth graders | 15437 |
| proficient on the citizenship test prescribed under former | 15438 |
| division (A)(2) of section 3301.0710 of the Revised Code; | 15439 |
| (k) At least seventy-five per cent of sixth graders | 15440 |
| proficient on the science test prescribed under former division | 15441 |
| (A)(2) of section 3301.0710 of the Revised Code; | 15442 |
| (l) At least seventy-five per cent of ninth graders | 15443 |
| proficient on the mathematics test prescribed under Section 4 of | 15444 |
| Am. Sub. S.B. 55 of the 122nd general assembly; | 15445 |
| (m) At least seventy-five per cent of ninth graders | 15446 |
| proficient on the reading test prescribed under Section 4 of Am. | 15447 |
| Sub. S.B. 55 of the 122nd general assembly; | 15448 |
| (n) At least seventy-five per cent of ninth graders | 15449 |
| proficient on the writing test prescribed under Section 4 of Am. | 15450 |
| Sub. S.B. 55 of the 122nd general assembly; | 15451 |
| (o) At least seventy-five per cent of ninth graders | 15452 |
| proficient on the citizenship test prescribed under Section 4 of | 15453 |
| Am. Sub. S.B. 55 of the 122nd general assembly; | 15454 |
| (p) At least seventy-five per cent of ninth graders | 15455 |
| proficient on the science test prescribed under Section 4 of Am. | 15456 |
| Sub. S.B. 55 of the 122nd general assembly; | 15457 |
| (q) At least eighty-five per cent of tenth graders proficient | 15458 |
| on the mathematics test prescribed under Section 4 of Am. Sub. | 15459 |
| S.B. 55 of the 122nd general assembly; | 15460 |
| (r) At least eighty-five per cent of tenth graders proficient | 15461 |
| on the reading test prescribed under Section 4 of Am. Sub. S.B. 55 | 15462 |
| of the 122nd general assembly; | 15463 |
| (s) At least eighty-five per cent of tenth graders proficient | 15464 |
| on the writing test prescribed under Section 4 of Am. Sub. S.B. 55 | 15465 |
| of the 122nd general assembly; | 15466 |
| (t) At least eighty-five per cent of tenth graders proficient | 15467 |
| on the citizenship test prescribed under Section 4 of Am. Sub. | 15468 |
| S.B. 55 of the 122nd general assembly; | 15469 |
| (u) At least eighty-five per cent of tenth graders proficient | 15470 |
| on the science test prescribed under Section 4 of Am. Sub. S.B. 55 | 15471 |
| of the 122nd general assembly; | 15472 |
| (v) At least sixty per cent of twelfth graders proficient on | 15473 |
| the mathematics test prescribed under former division (A)(3) of | 15474 |
| section 3301.0710 of the Revised Code; | 15475 |
| (w) At least sixty per cent of twelfth graders proficient on | 15476 |
| the reading test prescribed under former division (A)(3) of | 15477 |
| section 3301.0710 of the Revised Code; | 15478 |
| (x) At least sixty per cent of twelfth graders proficient on | 15479 |
| the writing test prescribed under former division (A)(3) of | 15480 |
| section 3301.0710 of the Revised Code; | 15481 |
| (y) At least sixty per cent of twelfth graders proficient on | 15482 |
| the citizenship test prescribed under former division (A)(3) of | 15483 |
| section 3301.0710 of the Revised Code; | 15484 |
| (z) At least sixty per cent of twelfth graders proficient on | 15485 |
| the science test prescribed under former division (A)(3) of | 15486 |
| section 3301.0710 of the Revised Code; | 15487 |
| (aa) An attendance rate for the year of at least ninety-three | 15488 |
| per cent as defined in section 3302.01 of the Revised Code. | 15489 |
| In determining whether a school district met any of the | 15490 |
|
performance standards specified in divisions | 15491 |
| of this section, the general assembly used a rounding procedure | 15492 |
| previously recommended by the department of education. It is the | 15493 |
| same rounding procedure the general assembly used in 1998 to | 15494 |
| determine whether a district had met the standards of former | 15495 |
|
divisions | 15496 |
| constructing the previous model based on fiscal year 1996 data. | 15497 |
| (2) The district was not among the five per cent of all | 15498 |
| districts with the highest income, nor among the five per cent of | 15499 |
| all districts with the lowest income. | 15500 |
| (3) The district was not among the five per cent of all | 15501 |
| districts with the highest valuation per pupil, nor among the five | 15502 |
| per cent of all districts with the lowest valuation per pupil. | 15503 |
| This model for calculating the base cost of an adequate | 15504 |
| education is expenditure-based. The general assembly recognizes | 15505 |
| that increases in state funding to school districts since fiscal | 15506 |
| year 1996, the fiscal year upon which the general assembly based | 15507 |
| its model for calculating state funding to school districts for | 15508 |
| fiscal years 1999 through 2001, has increased school district base | 15509 |
| cost expenditures for fiscal year 1999, the fiscal year upon which | 15510 |
| the general assembly based its model for calculating state funding | 15511 |
| for fiscal years 2002 through 2005. In the case of school | 15512 |
| districts included in the fiscal year 1999 model that also had met | 15513 |
| the fiscal year 1996 performance criteria of former division | 15514 |
| 15515 | |
| driven the districts' expenditures beyond the expenditures that | 15516 |
| were actually needed to maintain their educational programs at the | 15517 |
| level necessary to maintain their ability to meet the fiscal year | 15518 |
|
1999 performance criteria of current division | 15519 |
| section. The general assembly has determined to control for this | 15520 |
| effect by stipulating in the later model that the fiscal year 1999 | 15521 |
| base cost expenditures of the districts that also met the | 15522 |
|
performance criteria of former division | 15523 |
| equals their base cost expenditures per pupil for fiscal year | 15524 |
| 1996, inflated to fiscal year 1999 using an annual rate of | 15525 |
| inflation of two and eight-tenths per cent. However, if this | 15526 |
| inflated amount exceeded the district's actual fiscal year 1999 | 15527 |
| base cost expenditures per pupil, the district's actual fiscal | 15528 |
| year 1999 base cost expenditures per pupil were used in the | 15529 |
| calculation. For districts in the 1999 model that did not also | 15530 |
|
meet the performance criteria of former division | 15531 |
| section, the actual 1999 base cost per pupil expenditures were | 15532 |
| used in the calculation of the average district per pupil costs of | 15533 |
| the model districts. | 15534 |
| The per pupil base-cost amounts specified for fiscal years | 15535 |
| 2006 and 2007 in division (B)(2) of this section represent | 15536 |
| increases to the fiscal year 2005 per pupil base-cost amount, | 15537 |
| which was determined through an outputs-based methodology. The new | 15538 |
| base funding supplements prescribed in division (B)(3) of this | 15539 |
| section represent the use of an inputs-based methodology. The | 15540 |
| governor's blue ribbon task force on financing student success | 15541 |
| intends that the per-pupil base-cost amount will be determined | 15542 |
| through inputs-based methodology as evidence-based research in | 15543 |
| this area becomes available. | 15544 |
| Sec. 3317.013. This section does not apply to handicapped | 15545 |
| preschool students. | 15546 |
| Analysis of special education cost data has resulted in a | 15547 |
| finding that the average special education additional cost per | 15548 |
| pupil, including the costs of related services, can be expressed | 15549 |
| as a multiple of the base cost per pupil calculated under section | 15550 |
| 3317.012 of the Revised Code. The multiples for the following | 15551 |
| categories of special education programs, as these programs are | 15552 |
| defined for purposes of Chapter 3323. of the Revised Code, and | 15553 |
| adjusted as provided in this section, are as follows: | 15554 |
| (A) A multiple of 0.2892 for students whose primary or only | 15555 |
| identified handicap is a speech and language handicap, as this | 15556 |
| term is defined pursuant to Chapter 3323. of the Revised Code; | 15557 |
| (B) A multiple of 0.3691 for students identified as specific | 15558 |
| learning disabled or developmentally handicapped, as these terms | 15559 |
| are defined pursuant to Chapter 3323. of the Revised Code, or | 15560 |
| other health handicapped-minor; | 15561 |
| (C) A multiple of 1.7695 for students identified as hearing | 15562 |
| handicapped, vision impaired, or severe behavior handicapped, as | 15563 |
| these terms are defined pursuant to Chapter 3323. of the Revised | 15564 |
| Code; | 15565 |
| (D) A multiple of 2.3646 for students identified as | 15566 |
| orthopedically handicapped, as this term is defined pursuant to | 15567 |
| Chapter 3323. of the Revised Code or other health handicapped - | 15568 |
| major; | 15569 |
| (E) A multiple of 3.1129 for students identified as | 15570 |
| multihandicapped, as this term is defined pursuant to Chapter | 15571 |
| 3323. of the Revised Code; | 15572 |
| (F) A multiple of 4.7342 for students identified as autistic, | 15573 |
| having traumatic brain injuries, or as both visually and hearing | 15574 |
| disabled, as these terms are defined pursuant to Chapter 3323. of | 15575 |
| the Revised Code. | 15576 |
| In fiscal year 2004, the multiples specified in divisions (A) | 15577 |
| to (F) of this section shall be adjusted by multiplying them by | 15578 |
| 0.88. In fiscal | 15579 |
| specified in those divisions shall be adjusted by multiplying them | 15580 |
| by 0.90. | 15581 |
| Not later than the thirtieth day of May | 15582 |
| 15583 | |
| office of budget and management a report that specifies for each | 15584 |
| city, local, exempted village, and joint vocational school | 15585 |
| district the fiscal year allocation of the state and local shares | 15586 |
| of special education and related services additional weighted | 15587 |
| funding and federal special education funds passed through to the | 15588 |
| district. | 15589 |
| Sec. 3317.02. As used in this chapter: | 15590 |
| (A) Unless otherwise specified, "school district" means city, | 15591 |
| local, and exempted village school districts. | 15592 |
| (B) "Formula amount" means, for fiscal years prior to fiscal | 15593 |
| year 2006, the base cost for the fiscal year specified in division | 15594 |
| (A)(1) of section 3317.012 of the Revised Code and, beginning in | 15595 |
| fiscal year 2006, the base cost for the fiscal year specified in | 15596 |
| division (B)(2) of that section. | 15597 |
| (C) "FTE basis" means a count of students based on full-time | 15598 |
| equivalency, in accordance with rules adopted by the department of | 15599 |
| education pursuant to section 3317.03 of the Revised Code. In | 15600 |
| adopting its rules under this division, the department shall | 15601 |
| provide for counting any student in category one, two, three, | 15602 |
| four, five, or six special education ADM or in category one or two | 15603 |
| vocational education ADM in the same proportion the student is | 15604 |
| counted in formula ADM. | 15605 |
| (D) | 15606 |
| village school district, the number reported pursuant to division | 15607 |
| (A) of section 3317.03 of the Revised Code, and for a joint | 15608 |
| vocational school district, the number reported pursuant to | 15609 |
| division (D) of that section. | 15610 |
| | 15611 |
| formula ADMs for the current and preceding two fiscal years. | 15612 |
| 15613 | |
| 15614 | |
| 15615 | |
| 15616 | |
| 15617 | |
| 15618 | |
| 15619 | |
| 15620 | |
| 15621 |
| | 15622 |
| 15623 | |
| 15624 | |
| 15625 | |
| 15626 |
| | 15627 |
| 15628 |
| | 15629 |
| 15630 |
| | 15631 |
| 15632 |
| | 15633 |
| 15634 | |
| 15635 | |
| 15636 | |
| 15637 | |
| 15638 |
| | 15639 |
| 15640 | |
| 15641 | |
| 15642 |
| (F)(1) "Category one special education ADM" means the average | 15643 |
| daily membership of handicapped children receiving special | 15644 |
| education services for the handicap specified in division (A) of | 15645 |
| section 3317.013 of the Revised Code and reported under division | 15646 |
| (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 15647 |
| (2) "Category two special education ADM" means the average | 15648 |
| daily membership of handicapped children receiving special | 15649 |
| education services for those handicaps specified in division (B) | 15650 |
| of section 3317.013 of the Revised Code and reported under | 15651 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 15652 |
| Code. | 15653 |
| (3) "Category three special education ADM" means the average | 15654 |
| daily membership of students receiving special education services | 15655 |
| for those handicaps specified in division (C) of section 3317.013 | 15656 |
| of the Revised Code, and reported under division (B)(7) or | 15657 |
| (D)(2)(d) of section 3317.03 of the Revised Code. | 15658 |
| (4) "Category four special education ADM" means the average | 15659 |
| daily membership of students receiving special education services | 15660 |
| for those handicaps specified in division (D) of section 3317.013 | 15661 |
| of the Revised Code and reported under division (B)(8) or | 15662 |
| (D)(2)(e) of section 3317.03 of the Revised Code. | 15663 |
| (5) "Category five special education ADM" means the average | 15664 |
| daily membership of students receiving special education services | 15665 |
| for the handicap specified in division (E) of section 3317.013 of | 15666 |
| the Revised Code and reported under division (B)(9) or (D)(2)(f) | 15667 |
| of section 3317.03 of the Revised Code. | 15668 |
| (6) "Category six special education ADM" means the average | 15669 |
| daily membership of students receiving special education services | 15670 |
| for the handicap specified in division (F) of section 3317.013 of | 15671 |
| the Revised Code and reported under division (B)(10) or (D)(2)(g) | 15672 |
| of section 3317.03 of the Revised Code. | 15673 |
| (7) "Category one vocational education ADM" means the average | 15674 |
| daily membership of students receiving vocational education | 15675 |
| services described in division (A) of section 3317.014 of the | 15676 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 15677 |
| section 3317.03 of the Revised Code. | 15678 |
| (8) "Category two vocational education ADM" means the average | 15679 |
| daily membership of students receiving vocational education | 15680 |
| services described in division (B) of section 3317.014 of the | 15681 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 15682 |
| section 3317.03 of the Revised Code. | 15683 |
| (G) "Handicapped preschool child" means a handicapped child, | 15684 |
| as defined in section 3323.01 of the Revised Code, who is at least | 15685 |
| age three but is not of compulsory school age, as defined in | 15686 |
| section 3321.01 of the Revised Code, and who is not currently | 15687 |
| enrolled in kindergarten. | 15688 |
| (H) "County MR/DD board" means a county board of mental | 15689 |
| retardation and developmental disabilities. | 15690 |
| (I) "Recognized valuation" means the amount calculated for a | 15691 |
| school district pursuant to section 3317.015 of the Revised Code. | 15692 |
| (J) "Transportation ADM" means the number of children | 15693 |
| reported under division (B)(13) of section 3317.03 of the Revised | 15694 |
| Code. | 15695 |
| (K) "Average efficient transportation use cost per student" | 15696 |
| means a statistical representation of transportation costs as | 15697 |
| calculated under division (D)(2) of section 3317.022 of the | 15698 |
| Revised Code. | 15699 |
| (L) "Taxes charged and payable" means the taxes charged and | 15700 |
| payable against real and public utility property after making the | 15701 |
| reduction required by section 319.301 of the Revised Code, plus | 15702 |
| the taxes levied against tangible personal property. | 15703 |
| (M) "Total taxable value" means the sum of the amounts | 15704 |
| certified for a city, local, exempted village, or joint vocational | 15705 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 15706 |
| of the Revised Code. | 15707 |
| (N) "Cost-of-doing-business factor" means the amount | 15708 |
| indicated in this division for the county in which a city, local, | 15709 |
| exempted village, or joint vocational school district is located | 15710 |
| in fiscal year 2005. If a city, local, or exempted village school | 15711 |
| district is located in more than one county, the factor is the | 15712 |
| amount indicated for the county to which the district is assigned | 15713 |
| by the state department of education. If a joint vocational school | 15714 |
| district is located in more than one county, the factor is the | 15715 |
| amount indicated for the county in which the joint vocational | 15716 |
| school with the greatest formula ADM operated by the district is | 15717 |
| located. | 15718 |
| COST-OF-DOING-BUSINESS | 15719 | |||
| COUNTY | FACTOR AMOUNT | 15720 | ||
| Adams | 1.0035 | 15721 | ||
| Allen | 1.0206 | 15722 | ||
| Ashland | 1.0297 | 15723 | ||
| Ashtabula | 1.0397 | 15724 | ||
| Athens | 1.0014 | 15725 | ||
| Auglaize | 1.0247 | 15726 | ||
| Belmont | 1.0064 | 15727 | ||
| Brown | 1.0177 | 15728 | ||
| Butler | 1.0646 | 15729 | ||
| Carroll | 1.0137 | 15730 | ||
| Champaign | 1.0446 | 15731 | ||
| Clark | 1.0447 | 15732 | ||
| Clermont | 1.0541 | 15733 | ||
| Clinton | 1.0329 | 15734 | ||
| Columbiana | 1.0214 | 15735 | ||
| Coshocton | 1.0173 | 15736 | ||
| Crawford | 1.0164 | 15737 | ||
| Cuyahoga | 1.0626 | 15738 | ||
| Darke | 1.0338 | 15739 | ||
| Defiance | 1.0146 | 15740 | ||
| Delaware | 1.0528 | 15741 | ||
| Erie | 1.0388 | 15742 | ||
| Fairfield | 1.0366 | 15743 | ||
| Fayette | 1.0319 | 15744 | ||
| Franklin | 1.0608 | 15745 | ||
| Fulton | 1.0330 | 15746 | ||
| Gallia | 1.0000 | 15747 | ||
| Geauga | 1.0501 | 15748 | ||
| Greene | 1.0444 | 15749 | ||
| Guernsey | 1.0066 | 15750 | ||
| Hamilton | 1.0750 | 15751 | ||
| Hancock | 1.0215 | 15752 | ||
| Hardin | 1.0356 | 15753 | ||
| Harrison | 1.0074 | 15754 | ||
| Henry | 1.0318 | 15755 | ||
| Highland | 1.0148 | 15756 | ||
| Hocking | 1.0188 | 15757 | ||
| Holmes | 1.0178 | 15758 | ||
| Huron | 1.0293 | 15759 | ||
| Jackson | 1.0138 | 15760 | ||
| Jefferson | 1.0073 | 15761 | ||
| Knox | 1.0279 | 15762 | ||
| Lake | 1.0524 | 15763 | ||
| Lawrence | 1.0081 | 15764 | ||
| Licking | 1.0381 | 15765 | ||
| Logan | 1.0385 | 15766 | ||
| Lorain | 1.0515 | 15767 | ||
| Lucas | 1.0390 | 15768 | ||
| Madison | 1.0488 | 15769 | ||
| Mahoning | 1.0346 | 15770 | ||
| Marion | 1.0306 | 15771 | ||
| Medina | 1.0536 | 15772 | ||
| Meigs | 1.0026 | 15773 | ||
| Mercer | 1.0203 | 15774 | ||
| Miami | 1.0411 | 15775 | ||
| Monroe | 1.0050 | 15776 | ||
| Montgomery | 1.0453 | 15777 | ||
| Morgan | 1.0089 | 15778 | ||
| Morrow | 1.0301 | 15779 | ||
| Muskingum | 1.0127 | 15780 | ||
| Noble | 1.0073 | 15781 | ||
| Ottawa | 1.0486 | 15782 | ||
| Paulding | 1.0115 | 15783 | ||
| Perry | 1.0160 | 15784 | ||
| Pickaway | 1.0391 | 15785 | ||
| Pike | 1.0103 | 15786 | ||
| Portage | 1.0472 | 15787 | ||
| Preble | 1.0442 | 15788 | ||
| Putnam | 1.0216 | 15789 | ||
| Richland | 1.0199 | 15790 | ||
| Ross | 1.0151 | 15791 | ||
| Sandusky | 1.0321 | 15792 | ||
| Scioto | 1.0012 | 15793 | ||
| Seneca | 1.0223 | 15794 | ||
| Shelby | 1.0278 | 15795 | ||
| Stark | 1.0255 | 15796 | ||
| Summit | 1.0542 | 15797 | ||
| Trumbull | 1.0351 | 15798 | ||
| Tuscarawas | 1.0089 | 15799 | ||
| Union | 1.0500 | 15800 | ||
| Van Wert | 1.0133 | 15801 | ||
| Vinton | 1.0095 | 15802 | ||
| Warren | 1.0658 | 15803 | ||
| Washington | 1.0060 | 15804 | ||
| Wayne | 1.0348 | 15805 | ||
| Williams | 1.0228 | 15806 | ||
| Wood | 1.0360 | 15807 | ||
| Wyandot | 1.0171 | 15808 |
| (O) "Tax exempt value" of a school district means the amount | 15809 |
| certified for a school district under division (A)(4) of section | 15810 |
| 3317.021 of the Revised Code. | 15811 |
| (P) "Potential value" of a school district means the | 15812 |
| recognized valuation of a school district plus the tax exempt | 15813 |
| value of the district. | 15814 |
| (Q) "District median income" means the median Ohio adjusted | 15815 |
| gross income certified for a school district. On or before the | 15816 |
| first day of July of each year, the tax commissioner shall certify | 15817 |
| to the department of education for each city, exempted village, | 15818 |
| and local school district the median Ohio adjusted gross income of | 15819 |
| the residents of the school district determined on the basis of | 15820 |
| tax returns filed for the second preceding tax year by the | 15821 |
| residents of the district. | 15822 |
| (R) "Statewide median income" means the median district | 15823 |
| median income of all city, exempted village, and local school | 15824 |
| districts in the state. | 15825 |
| (S) "Income factor" for a city, exempted village, or local | 15826 |
| school district means the quotient obtained by dividing that | 15827 |
| district's median income by the statewide median income. | 15828 |
| (T) "Medically fragile child" means a child to whom all of | 15829 |
| the following apply: | 15830 |
| (1) The child requires the services of a doctor of medicine | 15831 |
| or osteopathic medicine at least once a week due to the | 15832 |
| instability of the child's medical condition. | 15833 |
| (2) The child requires the services of a registered nurse on | 15834 |
| a daily basis. | 15835 |
| (3) The child is at risk of institutionalization in a | 15836 |
| hospital, skilled nursing facility, or intermediate care facility | 15837 |
| for the mentally retarded. | 15838 |
| (U) A child may be identified as "other health | 15839 |
| handicapped-major" if the child's condition meets the definition | 15840 |
| of "other health impaired" established in rules adopted by the | 15841 |
| state board of education prior to July 1, 2001, and if either of | 15842 |
| the following apply: | 15843 |
| (1) The child is identified as having a medical condition | 15844 |
| that is among those listed by the superintendent of public | 15845 |
| instruction as conditions where a substantial majority of cases | 15846 |
| fall within the definition of "medically fragile child." The | 15847 |
| superintendent of public instruction shall issue an initial list | 15848 |
| no later than September 1, 2001. | 15849 |
| (2) The child is determined by the superintendent of public | 15850 |
| instruction to be a medically fragile child. A school district | 15851 |
| superintendent may petition the superintendent of public | 15852 |
| instruction for a determination that a child is a medically | 15853 |
| fragile child. | 15854 |
| (V) A child may be identified as "other health | 15855 |
| handicapped-minor" if the child's condition meets the definition | 15856 |
| of "other health impaired" established in rules adopted by the | 15857 |
| state board of education prior to July 1, 2001, but the child's | 15858 |
| condition does not meet either of the conditions specified in | 15859 |
| division (U)(1) or (2) of this section. | 15860 |
| (W) "SF-3 payment" means the sum of the payments to a school | 15861 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 15862 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 15863 |
| of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213, | 15864 |
| 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of | 15865 |
| the Revised Code after making the adjustments required by sections | 15866 |
| 3313.981 and 3313.979 of the Revised Code, divisions (B), (C), | 15867 |
| (D), (E), (K), (L), and (M) of section 3317.023, and division (C) | 15868 |
| of section 3317.20 of the Revised Code. | 15869 |
| Sec. 3317.022. (A)(1) The department of education shall | 15870 |
| compute and distribute state base cost funding to each school | 15871 |
|
district for the fiscal year in accordance with | 15872 |
| 15873 | |
| required by division (A)(2) of this section and using the | 15874 |
| information obtained under section 3317.021 of the Revised Code in | 15875 |
| the calendar year in which the fiscal year begins. | 15876 |
| Compute both the following for each eligible district: | 15877 |
| 15878 |
| 15879 |
| 15880 |
| 15881 |
| (a) Cost-of-doing-business factor for fiscal year 2005 X | 15882 |
| formula amount for fiscal year 2005 X formula ADM for fiscal year | 15883 |
| 2005; | 15884 |
| (b) (Formula amount for the current fiscal year X the greater | 15885 |
| of current formula ADM or three-year average formula ADM) + the | 15886 |
| sum of the base funding supplements prescribed in divisions | 15887 |
| (B)(3)(a) to (d) of section 3317.012 of the Revised Code. | 15888 |
| A district's base cost funding shall be the greater of the | 15889 |
| amount computed under division (A)(1)(a) or (b) of this section | 15890 |
| minus (0.023 times recognized valuation). | 15891 |
| If the difference obtained is a negative number, the | 15892 |
| district's computation shall be zero. | 15893 |
| (2)(a) For each school district for which the tax exempt | 15894 |
| value of the district equals or exceeds twenty-five per cent of | 15895 |
| the potential value of the district, the department of education | 15896 |
| shall calculate the difference between the district's tax exempt | 15897 |
| value and twenty-five per cent of the district's potential value. | 15898 |
| (b) For each school district to which division (A)(2)(a) of | 15899 |
| this section applies, the department shall adjust the recognized | 15900 |
| valuation used in the calculation under division (A)(1) of this | 15901 |
| section by subtracting from it the amount calculated under | 15902 |
| division (A)(2)(a) of this section. | 15903 |
| (B) As used in this section: | 15904 |
| (1) The "total special education weight" for a district means | 15905 |
| the sum of the following amounts: | 15906 |
| (a) The district's category one special education ADM | 15907 |
| multiplied by the multiple specified in division (A) of section | 15908 |
| 3317.013 of the Revised Code; | 15909 |
| (b) The district's category two special education ADM | 15910 |
| multiplied by the multiple specified in division (B) of section | 15911 |
| 3317.013 of the Revised Code; | 15912 |
| (c) The district's category three special education ADM | 15913 |
| multiplied by the multiple specified in division (C) of section | 15914 |
| 3317.013 of the Revised Code; | 15915 |
| (d) The district's category four special education ADM | 15916 |
| multiplied by the multiple specified in division (D) of section | 15917 |
| 3317.013 of the Revised Code; | 15918 |
| (e) The district's category five special education ADM | 15919 |
| multiplied by the multiple specified in division (E) of section | 15920 |
| 3317.013 of the Revised Code; | 15921 |
| (f) The district's category six special education ADM | 15922 |
| multiplied by the multiple specified in division (F) of section | 15923 |
| 3317.013 of the Revised Code. | 15924 |
| (2) "State share percentage" means the percentage calculated | 15925 |
| for a district as follows: | 15926 |
| (a) Calculate the state base cost funding amount for the | 15927 |
| district for the fiscal year under division (A) of this section. | 15928 |
| If the district would not receive any state base cost funding for | 15929 |
| that year under that division, the district's state share | 15930 |
| percentage is zero. | 15931 |
| (b) If the district would receive state base cost funding | 15932 |
| under that division, divide that amount by an amount equal to the | 15933 |
| greater of the following: | 15934 |
| 15935 |
| 15936 |
| 15937 |
| (i) Cost-of-doing-business factor for fiscal year 2005 X | 15938 |
| formula amount for fiscal year 2005 X formula ADM for fiscal year | 15939 |
| 2005; | 15940 |
| (ii) (Formula amount for the current fiscal year X the | 15941 |
| greater of current formula ADM or three-year average formula ADM) | 15942 |
| + the sum of the base funding supplements prescribed in divisions | 15943 |
| (B)(3)(a) to (d) of section 3317.012 of the Revised Code. | 15944 |
| The resultant number is the district's state share | 15945 |
| percentage. | 15946 |
| (3) "Related services" includes: | 15947 |
| (a) Child study, special education supervisors and | 15948 |
| coordinators, speech and hearing services, adaptive physical | 15949 |
| development services, occupational or physical therapy, teacher | 15950 |
| assistants for handicapped children whose handicaps are described | 15951 |
| in division (B) of section 3317.013 or division (F)(3) of section | 15952 |
| 3317.02 of the Revised Code, behavioral intervention, interpreter | 15953 |
| services, work study, nursing services, and specialized | 15954 |
| integrative services as those terms are defined by the department; | 15955 |
| (b) Speech and language services provided to any student with | 15956 |
| a handicap, including any student whose primary or only handicap | 15957 |
| is a speech and language handicap; | 15958 |
| (c) Any related service not specifically covered by other | 15959 |
| state funds but specified in federal law, including but not | 15960 |
| limited to, audiology and school psychological services; | 15961 |
| (d) Any service included in units funded under former | 15962 |
| division (O)(1) of section 3317.023 of the Revised Code; | 15963 |
| (e) Any other related service needed by handicapped children | 15964 |
| in accordance with their individualized education plans. | 15965 |
| (4) The "total vocational education weight" for a district | 15966 |
| means the sum of the following amounts: | 15967 |
| (a) The district's category one vocational education ADM | 15968 |
| multiplied by the multiple specified in division (A) of section | 15969 |
| 3317.014 of the Revised Code; | 15970 |
| (b) The district's category two vocational education ADM | 15971 |
| multiplied by the multiple specified in division (B) of section | 15972 |
| 3317.014 of the Revised Code. | 15973 |
| (C)(1) The department shall compute and distribute state | 15974 |
| special education and related services additional weighted costs | 15975 |
| funds to each school district in accordance with the following | 15976 |
| formula: | 15977 |
| 15978 |
| 15979 |
| 15980 |
| 15981 |
| (2) The attributed local share of special education and | 15982 |
| related services additional weighted costs equals: | 15983 |
| 15984 |
| 15985 |
| 15986 |
| (3)(a) The department shall compute and pay in accordance | 15987 |
| with this division additional state aid to school districts for | 15988 |
| students in categories two through six special education ADM. If a | 15989 |
| district's costs for the fiscal year for a student in its | 15990 |
| categories two through six special education ADM exceed the | 15991 |
| threshold catastrophic cost for serving the student, the district | 15992 |
| may submit to the superintendent of public instruction | 15993 |
| documentation, as prescribed by the superintendent, of all its | 15994 |
| costs for that student. Upon submission of documentation for a | 15995 |
| student of the type and in the manner prescribed, the department | 15996 |
| shall pay to the district an amount equal to the sum of the | 15997 |
| following: | 15998 |
| (i) One-half of the district's costs for the student in | 15999 |
| excess of the threshold catastrophic cost; | 16000 |
| (ii) The product of one-half of the district's costs for the | 16001 |
| student in excess of the threshold catastrophic cost multiplied by | 16002 |
| the district's state share percentage. | 16003 |
| (b) For purposes of division (C)(3)(a) of this section, the | 16004 |
| threshold catastrophic cost for serving a student equals: | 16005 |
| (i) For a student in the school district's category two, | 16006 |
| three, four, or five special education ADM, twenty-five thousand | 16007 |
|
dollars in fiscal year 2002 | 16008 |
| hundred dollars in fiscal years 2003, 2004, and 2005, and | 16009 |
| twenty-six thousand five hundred dollars in fiscal years 2006 and | 16010 |
| 2007; | 16011 |
| (ii) For a student in the district's category six special | 16012 |
|
education ADM, thirty thousand dollars in fiscal year 2002 | 16013 |
| thirty thousand eight hundred forty dollars in fiscal years 2003, | 16014 |
| 2004, and 2005, and thirty-one thousand eight hundred dollars in | 16015 |
| fiscal years 2006 and 2007. | 16016 |
| (c) The district shall only report under division (C)(3)(a) | 16017 |
| of this section, and the department shall only pay for, the costs | 16018 |
| of educational expenses and the related services provided to the | 16019 |
| student in accordance with the student's individualized education | 16020 |
| program. Any legal fees, court costs, or other costs associated | 16021 |
| with any cause of action relating to the student may not be | 16022 |
| included in the amount. | 16023 |
| (4)(a) As used in this division, the "personnel allowance" | 16024 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 16025 |
| 16026 |
| (b) For the provision of speech language pathology services | 16027 |
| to students, including students who do not have individualized | 16028 |
| education programs prepared for them under Chapter 3323. of the | 16029 |
| Revised Code, and for no other purpose, the department of | 16030 |
| education shall pay each school district an amount calculated | 16031 |
| under the following formula: | 16032 |
| 16033 |
| 16034 |
| (5) In any fiscal year, a school district shall spend for | 16035 |
| purposes that the department designates as approved for special | 16036 |
| education and related services expenses at least the amount | 16037 |
| calculated as follows: | 16038 |
| 16039 |
| 16040 |
| 16041 | |
| 16042 | |
| 16043 |
| In making the calculation required under division (C)(5) of | 16044 |
| this section, the department shall calculate for each school | 16045 |
| district both of the following: | 16046 |
| (a) Cost-of-doing-business factor for fiscal year 2005 X | 16047 |
| formula amount for fiscal year 2005 X the sum of categories one | 16048 |
| through six special education ADM for fiscal year 2005; | 16049 |
| (b) Formula amount for the current fiscal year X the sum of | 16050 |
| categories one through six special education ADM for the current | 16051 |
| fiscal year. | 16052 |
| The purposes approved by the department for special education | 16053 |
| expenses shall include, but shall not be limited to, | 16054 |
| identification of handicapped children, compliance with state | 16055 |
| rules governing the education of handicapped children and | 16056 |
| prescribing the continuum of program options for handicapped | 16057 |
| children, provision of speech language pathology services, and the | 16058 |
| portion of the school district's overall administrative and | 16059 |
| overhead costs that are attributable to the district's special | 16060 |
| education student population. | 16061 |
| The department shall require school districts to report data | 16062 |
| annually to allow for monitoring compliance with division (C)(5) | 16063 |
| of this section. The department shall annually report to the | 16064 |
| governor and the general assembly the amount of money spent by | 16065 |
| each school district for special education and related services. | 16066 |
| (6) In any fiscal year, a school district shall spend for the | 16067 |
| provision of speech language pathology services not less than the | 16068 |
| sum of the amount calculated under division (C)(1) of this section | 16069 |
| for the students in the district's category one special education | 16070 |
| ADM and the amount calculated under division (C)(4) of this | 16071 |
| section. | 16072 |
| (D)(1) As used in this division: | 16073 |
| (a) "Daily bus miles per student" equals the number of bus | 16074 |
| miles traveled per day, divided by transportation base. | 16075 |
| (b) "Transportation base" equals total student count as | 16076 |
| defined in section 3301.011 of the Revised Code, minus the number | 16077 |
| of students enrolled in preschool handicapped units, plus the | 16078 |
| number of nonpublic school students included in transportation | 16079 |
| ADM. | 16080 |
| (c) "Transported student percentage" equals transportation | 16081 |
| ADM divided by transportation base. | 16082 |
| (d) "Transportation cost per student" equals total operating | 16083 |
| costs for board-owned or contractor-operated school buses divided | 16084 |
| by transportation base. | 16085 |
| (2) Analysis of student transportation cost data has resulted | 16086 |
| in a finding that an average efficient transportation use cost per | 16087 |
| student can be calculated by means of a regression formula that | 16088 |
| has as its two independent variables the number of daily bus miles | 16089 |
| per student and the transported student percentage. For fiscal | 16090 |
| year 1998 transportation cost data, the average efficient | 16091 |
| transportation use cost per student is expressed as follows: | 16092 |
| 16093 |
| 16094 |
| The department of education shall annually determine the | 16095 |
| average efficient transportation use cost per student in | 16096 |
| accordance with the principles stated in division (D)(2) of this | 16097 |
| section, updating the intercept and regression coefficients of the | 16098 |
| regression formula modeled in this division, based on an annual | 16099 |
| statewide analysis of each school district's daily bus miles per | 16100 |
| student, transported student percentage, and transportation cost | 16101 |
| per student data. The department shall conduct the annual update | 16102 |
| using data, including daily bus miles per student, transported | 16103 |
| student percentage, and transportation cost per student data, from | 16104 |
| the prior fiscal year. The department shall notify the office of | 16105 |
| budget and management of such update by the fifteenth day of | 16106 |
| February of each year. | 16107 |
| (3) In addition to funds paid under divisions (A), (C), and | 16108 |
| (E) of this section, each district with a transported student | 16109 |
| percentage greater than zero shall receive a payment equal to a | 16110 |
| percentage of the product of the district's transportation base | 16111 |
| from the prior fiscal year times the annually updated average | 16112 |
| efficient transportation use cost per student, times an inflation | 16113 |
| factor of two and eight tenths per cent to account for the | 16114 |
| one-year difference between the data used in updating the formula | 16115 |
| and calculating the payment and the year in which the payment is | 16116 |
| made. The percentage shall be the following percentage of that | 16117 |
| product specified for the corresponding fiscal year: | 16118 |
| FISCAL YEAR | PERCENTAGE | 16119 | |||
| 2000 | 52.5% | 16120 | |||
| 2001 | 55% | 16121 | |||
| 2002 | 57.5% | 16122 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 16123 |
| The payments made under division (D)(3) of this section each | 16124 |
| year shall be calculated based on all of the same prior year's | 16125 |
| data used to update the formula. | 16126 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 16127 |
| of this section, a school district shall receive a rough road | 16128 |
| subsidy if both of the following apply: | 16129 |
| (a) Its county rough road percentage is higher than the | 16130 |
| statewide rough road percentage, as those terms are defined in | 16131 |
| division (D)(5) of this section; | 16132 |
| (b) Its district student density is lower than the statewide | 16133 |
| student density, as those terms are defined in that division. | 16134 |
| (5) The rough road subsidy paid to each district meeting the | 16135 |
| qualifications of division (D)(4) of this section shall be | 16136 |
| calculated in accordance with the following formula: | 16137 |
| 16138 |
| 16139 |
| where: | 16140 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 16141 |
| accordance with the following formula: | 16142 |
| 16143 |
| 16144 |
| 16145 |
| (i) "Maximum rough road percentage" means the highest county | 16146 |
| rough road percentage in the state. | 16147 |
| (ii) "County rough road percentage" equals the percentage of | 16148 |
| the mileage of state, municipal, county, and township roads that | 16149 |
| is rated by the department of transportation as type A, B, C, E2, | 16150 |
| or F in the county in which the school district is located or, if | 16151 |
| the district is located in more than one county, the county to | 16152 |
| which it is assigned for purposes of determining its | 16153 |
| cost-of-doing-business factor. | 16154 |
| (iii) "Statewide rough road percentage" means the percentage | 16155 |
| of the statewide total mileage of state, municipal, county, and | 16156 |
| township roads that is rated as type A, B, C, E2, or F by the | 16157 |
| department of transportation. | 16158 |
| (b) "Total rough road miles" means a school district's total | 16159 |
| bus miles traveled in one year times its county rough road | 16160 |
| percentage. | 16161 |
| (c) "Density multiplier" means a figure calculated in | 16162 |
| accordance with the following formula: | 16163 |
| 16164 |
| 16165 |
| 16166 |
| (i) "Minimum student density" means the lowest district | 16167 |
| student density in the state. | 16168 |
| (ii) "District student density" means a school district's | 16169 |
| transportation base divided by the number of square miles in the | 16170 |
| district. | 16171 |
| (iii) "Statewide student density" means the sum of the | 16172 |
| transportation bases for all school districts divided by the sum | 16173 |
| of the square miles in all school districts. | 16174 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 16175 |
| of this section, each district shall receive in accordance with | 16176 |
| rules adopted by the state board of education a payment for | 16177 |
| students transported by means other than board-owned or | 16178 |
| contractor-operated buses and whose transportation is not funded | 16179 |
| under division (J) of section 3317.024 of the Revised Code. The | 16180 |
| rules shall include provisions for school district reporting of | 16181 |
| such students. | 16182 |
| (E)(1) The department shall compute and distribute state | 16183 |
| vocational education additional weighted costs funds to each | 16184 |
| school district in accordance with the following formula: | 16185 |
| 16186 |
| 16187 |
| 16188 |
| In any fiscal year, a school district receiving funds under | 16189 |
| division (E)(1) of this section shall spend those funds only for | 16190 |
| the purposes that the department designates as approved for | 16191 |
| vocational education expenses. Vocational educational expenses | 16192 |
| approved by the department shall include only expenses connected | 16193 |
| to the delivery of career-technical programming to | 16194 |
| career-technical students. The department shall require the school | 16195 |
| district to report data annually so that the department may | 16196 |
| monitor the district's compliance with the requirements regarding | 16197 |
| the manner in which funding received under division (E)(1) of this | 16198 |
| section may be spent. | 16199 |
| (2) The department shall compute for each school district | 16200 |
| state funds for vocational education associated services in | 16201 |
| accordance with the following formula: | 16202 |
| 16203 |
| 16204 |
| 16205 |
| In any fiscal year, a school district receiving funds under | 16206 |
| division (E)(2) of this section, or through a transfer of funds | 16207 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 16208 |
| shall spend those funds only for the purposes that the department | 16209 |
| designates as approved for vocational education associated | 16210 |
| services expenses, which may include such purposes as | 16211 |
| apprenticeship coordinators, coordinators for other vocational | 16212 |
| education services, vocational evaluation, and other purposes | 16213 |
| designated by the department. The department may deny payment | 16214 |
| under division (E)(2) of this section to any district that the | 16215 |
| department determines is not operating those services or is using | 16216 |
| funds paid under division (E)(2) of this section, or through a | 16217 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 16218 |
| the Revised Code, for other purposes. | 16219 |
| (F) The actual local share in any fiscal year for the | 16220 |
| combination of special education and related services additional | 16221 |
| weighted costs funding calculated under division (C)(1) of this | 16222 |
| section, transportation funding calculated under divisions (D)(2) | 16223 |
| and (3) of this section, and vocational education and associated | 16224 |
| services additional weighted costs funding calculated under | 16225 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 16226 |
| school district the product of three and three-tenths mills times | 16227 |
| the district's recognized valuation. The department annually shall | 16228 |
| pay each school district as an excess cost supplement any amount | 16229 |
| by which the sum of the district's attributed local shares for | 16230 |
| that funding exceeds that product. For purposes of calculating the | 16231 |
| excess cost supplement: | 16232 |
| (1) The attributed local share for special education and | 16233 |
| related services additional weighted costs funding is the amount | 16234 |
| specified in division (C)(2) of this section. | 16235 |
| (2) The attributed local share of transportation funding | 16236 |
| equals the difference of the total amount calculated for the | 16237 |
| district using the formula developed under division (D)(2) of this | 16238 |
| section minus the actual amount paid to the district after | 16239 |
| applying the percentage specified in division (D)(3) of this | 16240 |
| section. | 16241 |
| (3) The attributed local share of vocational education and | 16242 |
| associated services additional weighted costs funding is the | 16243 |
| amount determined as follows: | 16244 |
| 16245 |
| 16246 |
| 16247 |
| Sec. 3317.023. (A) Notwithstanding section 3317.022 of the | 16248 |
| Revised Code, the amounts required to be paid to a district under | 16249 |
| this chapter shall be adjusted by the amount of the computations | 16250 |
|
made under divisions (B) to
| 16251 |
| As used in this section: | 16252 |
| (1) "Classroom teacher" means a licensed employee who | 16253 |
| provides direct instruction to pupils, excluding teachers funded | 16254 |
| from money paid to the district from federal sources; educational | 16255 |
| service personnel; and vocational and special education teachers. | 16256 |
| (2) "Educational service personnel" shall not include such | 16257 |
| specialists funded from money paid to the district from federal | 16258 |
| sources or assigned full-time to vocational or special education | 16259 |
| students and classes and may only include those persons employed | 16260 |
| in the eight specialist areas in a pattern approved by the | 16261 |
| department of education under guidelines established by the state | 16262 |
| board of education. | 16263 |
| (3) "Annual salary" means the annual base salary stated in | 16264 |
| the state minimum salary schedule for the performance of the | 16265 |
| teacher's regular teaching duties that the teacher earns for | 16266 |
| services rendered for the first full week of October of the fiscal | 16267 |
| year for which the adjustment is made under division (C) of this | 16268 |
| section. It shall not include any salary payments for supplemental | 16269 |
| teachers contracts. | 16270 |
| (4) "Regular student population" means the formula ADM plus | 16271 |
| the number of students reported as enrolled in the district | 16272 |
| pursuant to division (A)(1) of section 3313.981 of the Revised | 16273 |
| Code; minus the number of students reported under division (A)(2) | 16274 |
| of section 3317.03 of the Revised Code; minus the FTE of students | 16275 |
| reported under division (B)(6), (7), (8), (9), (10), (11), or (12) | 16276 |
| of that section who are enrolled in a vocational education class | 16277 |
| or receiving special education; and minus twenty per cent of the | 16278 |
| students enrolled concurrently in a joint vocational school | 16279 |
| district. | 16280 |
| (5) "State share percentage" has the same meaning as in | 16281 |
| section 3317.022 of the Revised Code. | 16282 |
| (6) "VEPD" means a school district or group of school | 16283 |
| districts designated by the department of education as being | 16284 |
| responsible for the planning for and provision of vocational | 16285 |
| education services to students within the district or group. | 16286 |
| (7) "Lead district" means a school district, including a | 16287 |
| joint vocational school district, designated by the department as | 16288 |
| a VEPD, or designated to provide primary vocational education | 16289 |
| leadership within a VEPD composed of a group of districts. | 16290 |
| (B) If the district employs less than one full-time | 16291 |
| equivalent classroom teacher for each twenty-five pupils in the | 16292 |
| regular student population in any school district, deduct the sum | 16293 |
| of the amounts obtained from the following computations: | 16294 |
| (1) Divide the number of the district's full-time equivalent | 16295 |
| classroom teachers employed by one twenty-fifth; | 16296 |
| (2) Subtract the quotient in (1) from the district's regular | 16297 |
| student population; | 16298 |
| (3) Multiply the difference in (2) by seven hundred fifty-two | 16299 |
| dollars. | 16300 |
| (C) If a positive amount, add one-half of the amount obtained | 16301 |
| by multiplying the number of full-time equivalent classroom | 16302 |
| teachers by: | 16303 |
| (1) The mean annual salary of all full-time equivalent | 16304 |
| classroom teachers employed by the district at their respective | 16305 |
| training and experience levels minus; | 16306 |
| (2) The mean annual salary of all such teachers at their | 16307 |
| respective levels in all school districts receiving payments under | 16308 |
| this section. | 16309 |
| The number of full-time equivalent classroom teachers used in | 16310 |
| this computation shall not exceed one twenty-fifth of the | 16311 |
| district's regular student population. In calculating the | 16312 |
| district's mean salary under this division, those full-time | 16313 |
| equivalent classroom teachers with the highest training level | 16314 |
| shall be counted first, those with the next highest training level | 16315 |
| second, and so on, in descending order. Within the respective | 16316 |
| training levels, teachers with the highest years of service shall | 16317 |
| be counted first, the next highest years of service second, and so | 16318 |
| on, in descending order. | 16319 |
| (D) This division does not apply to a school district that | 16320 |
| has entered into an agreement under division (A) of section | 16321 |
| 3313.42 of the Revised Code. Deduct the amount obtained from the | 16322 |
| following computations if the district employs fewer than five | 16323 |
| full-time equivalent educational service personnel, including | 16324 |
| elementary school art, music, and physical education teachers, | 16325 |
| counselors, librarians, visiting teachers, school social workers, | 16326 |
| and school nurses for each one thousand pupils in the regular | 16327 |
| student population: | 16328 |
| (1) Divide the number of full-time equivalent educational | 16329 |
| service personnel employed by the district by five | 16330 |
| one-thousandths; | 16331 |
| (2) Subtract the quotient in (1) from the district's regular | 16332 |
| student population; | 16333 |
| (3) Multiply the difference in (2) by ninety-four dollars. | 16334 |
| (E) If a local school district, or a city or exempted village | 16335 |
| school district to which a governing board of an educational | 16336 |
| service center provides services pursuant to section 3313.843 of | 16337 |
| the Revised Code, deduct the amount of the payment required for | 16338 |
| the reimbursement of the governing board under section 3317.11 of | 16339 |
| the Revised Code. | 16340 |
| (F)(1) If the district is required to pay to or entitled to | 16341 |
| receive tuition from another school district under division (C)(2) | 16342 |
| or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 16343 |
| or if the superintendent of public instruction is required to | 16344 |
| determine the correct amount of tuition and make a deduction or | 16345 |
| credit under section 3317.08 of the Revised Code, deduct and | 16346 |
| credit such amounts as provided in division (J) of section 3313.64 | 16347 |
| or section 3317.08 of the Revised Code. | 16348 |
| (2) For each child for whom the district is responsible for | 16349 |
| tuition or payment under division (A)(1) of section 3317.082 or | 16350 |
| section 3323.091 of the Revised Code, deduct the amount of tuition | 16351 |
| or payment for which the district is responsible. | 16352 |
| (G) If the district has been certified by the superintendent | 16353 |
| of public instruction under section 3313.90 of the Revised Code as | 16354 |
| not in compliance with the requirements of that section, deduct an | 16355 |
| amount equal to ten per cent of the amount computed for the | 16356 |
| district under section 3317.022 of the Revised Code. | 16357 |
| (H) If the district has received a loan from a commercial | 16358 |
| lending institution for which payments are made by the | 16359 |
| superintendent of public instruction pursuant to division (E)(3) | 16360 |
| of section 3313.483 of the Revised Code, deduct an amount equal to | 16361 |
| such payments. | 16362 |
| (I)(1) If the district is a party to an agreement entered | 16363 |
| into under division (D), (E), or (F) of section 3311.06 or | 16364 |
| division (B) of section 3311.24 of the Revised Code and is | 16365 |
| obligated to make payments to another district under such an | 16366 |
| agreement, deduct an amount equal to such payments if the district | 16367 |
| school board notifies the department in writing that it wishes to | 16368 |
| have such payments deducted. | 16369 |
| (2) If the district is entitled to receive payments from | 16370 |
| another district that has notified the department to deduct such | 16371 |
| payments under division (I)(1) of this section, add the amount of | 16372 |
| such payments. | 16373 |
| (J) If the district is required to pay an amount of funds to | 16374 |
| a cooperative education district pursuant to a provision described | 16375 |
| by division (B)(4) of section 3311.52 or division (B)(8) of | 16376 |
| section 3311.521 of the Revised Code, deduct such amounts as | 16377 |
| provided under that provision and credit those amounts to the | 16378 |
| cooperative education district for payment to the district under | 16379 |
| division (B)(1) of section 3317.19 of the Revised Code. | 16380 |
| (K)(1) If a district is educating a student entitled to | 16381 |
| attend school in another district pursuant to a shared education | 16382 |
| contract, compact, or cooperative education agreement other than | 16383 |
| an agreement entered into pursuant to section 3313.842 of the | 16384 |
| Revised Code, credit to that educating district on an FTE basis | 16385 |
| both of the following: | 16386 |
| (a) An amount equal to the greater of the following: | 16387 |
| (i) The fiscal year 2005 formula amount times the fiscal year | 16388 |
| 2005 cost of doing business factor of the school district where | 16389 |
| the student is entitled to attend school pursuant to section | 16390 |
| 3313.64 or 3313.65 of the Revised Code; | 16391 |
| (ii) The sum of the current formula amount plus the per pupil | 16392 |
| amount of the base funding supplements specified in divisions | 16393 |
| (B)(3)(a) to (d) of section 3317.012 of the Revised Code. | 16394 |
| (b) An amount equal to the current formula amount times the | 16395 |
| state share percentage times any multiple applicable to the | 16396 |
| student pursuant to section 3317.013 or 3317.014 of the Revised | 16397 |
| Code. | 16398 |
| (2) Deduct any amount credited pursuant to division (K)(1) of | 16399 |
| this section from amounts paid to the school district in which the | 16400 |
| student is entitled to attend school pursuant to section 3313.64 | 16401 |
| or 3313.65 of the Revised Code. | 16402 |
| (3) If the district is required by a shared education | 16403 |
| contract, compact, or cooperative education agreement to make | 16404 |
| payments to an educational service center, deduct the amounts from | 16405 |
| payments to the district and add them to the amounts paid to the | 16406 |
| service center pursuant to section 3317.11 of the Revised Code. | 16407 |
| (L)(1) If a district, including a joint vocational school | 16408 |
| district, is a lead district of a VEPD, credit to that district | 16409 |
| the amounts calculated for all the school districts within that | 16410 |
| VEPD pursuant to division (E)(2) of section 3317.022 of the | 16411 |
| Revised Code. | 16412 |
| (2) Deduct from each appropriate district that is not a lead | 16413 |
| district, the amount attributable to that district that is | 16414 |
| credited to a lead district under division (L)(1) of this section. | 16415 |
| (M) If the department pays a joint vocational school district | 16416 |
| under division (G)(4) of section 3317.16 of the Revised Code for | 16417 |
| excess costs of providing special education and related services | 16418 |
| to a handicapped student, as calculated under division (G)(2) of | 16419 |
| that section, the department shall deduct the amount of that | 16420 |
| payment from the city, local, or exempted village school district | 16421 |
| that is responsible as specified in that section for the excess | 16422 |
| costs. | 16423 |
| (N)(1) If the district reports an amount of excess cost for | 16424 |
| special education services for a child under division (C) of | 16425 |
| section 3323.14 of the Revised Code, the department shall pay that | 16426 |
| amount to the district. | 16427 |
| (2) If the district is the district of residence of the child | 16428 |
| for whom an amount of excess cost is reported under division (C) | 16429 |
| of section 3323.14 of the Revised Code, the department shall | 16430 |
| deduct that amount. | 16431 |
| Sec. 3317.024. In addition to the moneys paid to eligible | 16432 |
| school districts pursuant to section 3317.022 of the Revised Code, | 16433 |
| moneys appropriated for the education programs in divisions (A) to | 16434 |
| (H), (J) to (L), (O), (P), and (R) of this section shall be | 16435 |
| distributed to school districts meeting the requirements of | 16436 |
| section 3317.01 of the Revised Code; in the case of divisions (J) | 16437 |
| and (P) of this section, to educational service centers as | 16438 |
| provided in section 3317.11 of the Revised Code; in the case of | 16439 |
| divisions (E), (M), and (N) of this section, to county MR/DD | 16440 |
| boards; in the case of division (R) of this section, to joint | 16441 |
| vocational school districts; in the case of division (K) of this | 16442 |
| section, to cooperative education school districts; and in the | 16443 |
| case of division (Q) of this section, to the institutions defined | 16444 |
| under section 3317.082 of the Revised Code providing elementary or | 16445 |
| secondary education programs to children other than children | 16446 |
| receiving special education under section 3323.091 of the Revised | 16447 |
| Code. The following shall be distributed monthly, quarterly, or | 16448 |
| annually as may be determined by the state board of education: | 16449 |
| (A) A per pupil amount to each school district that | 16450 |
| establishes a summer school remediation program that complies with | 16451 |
| rules of the state board of education. | 16452 |
| (B) An amount for each island school district and each joint | 16453 |
| state school district for the operation of each high school and | 16454 |
| each elementary school maintained within such district and for | 16455 |
| capital improvements for such schools. Such amounts shall be | 16456 |
| determined on the basis of standards adopted by the state board of | 16457 |
| education. | 16458 |
| (C) An amount for each school district operating classes for | 16459 |
| children of migrant workers who are unable to be in attendance in | 16460 |
| an Ohio school during the entire regular school year. The amounts | 16461 |
| shall be determined on the basis of standards adopted by the state | 16462 |
| board of education, except that payment shall be made only for | 16463 |
| subjects regularly offered by the school district providing the | 16464 |
| classes. | 16465 |
| (D) An amount for each school district with guidance, | 16466 |
| testing, and counseling programs approved by the state board of | 16467 |
| education. The amount shall be determined on the basis of | 16468 |
| standards adopted by the state board of education. | 16469 |
| (E) An amount for the emergency purchase of school buses as | 16470 |
| provided for in section 3317.07 of the Revised Code; | 16471 |
| (F) An amount for each school district required to pay | 16472 |
| tuition for a child in an institution maintained by the department | 16473 |
| of youth services pursuant to section 3317.082 of the Revised | 16474 |
| Code, provided the child was not included in the calculation of | 16475 |
| the district's average daily membership for the preceding school | 16476 |
| year. | 16477 |
| (G) In fiscal year 2000 only, an amount to each school | 16478 |
| district for supplemental salary allowances for each licensed | 16479 |
| employee except those licensees serving as superintendents, | 16480 |
| assistant superintendents, principals, or assistant principals, | 16481 |
| whose term of service in any year is extended beyond the term of | 16482 |
| service of regular classroom teachers, as described in section | 16483 |
| 3301.0725 of the Revised Code; | 16484 |
| (H) An amount for adult basic literacy education for each | 16485 |
| district participating in programs approved by the state board of | 16486 |
| education. The amount shall be determined on the basis of | 16487 |
| standards adopted by the state board of education. | 16488 |
| (I) Notwithstanding section 3317.01 of the Revised Code, but | 16489 |
| only until June 30, 1999, to each city, local, and exempted | 16490 |
| village school district, an amount for conducting driver education | 16491 |
| courses at high schools for which the state board of education | 16492 |
| prescribes minimum standards and to joint vocational and | 16493 |
| cooperative education school districts and educational service | 16494 |
| centers, an amount for conducting driver education courses to | 16495 |
| pupils enrolled in a high school for which the state board | 16496 |
| prescribes minimum standards. No payments shall be made under this | 16497 |
| division after June 30, 1999. | 16498 |
| (J) An amount for the approved cost of transporting | 16499 |
| 16500 | |
| attending a special education program approved by the department | 16501 |
| of education whom it is impossible or impractical to transport by | 16502 |
| regular school bus in the course of regular route transportation | 16503 |
| provided by the district or service center. No district or service | 16504 |
| center is eligible to receive a payment under this division for | 16505 |
| the cost of transporting any pupil whom it transports by regular | 16506 |
| school bus and who is included in the district's transportation | 16507 |
| ADM. The state board of education shall establish standards and | 16508 |
| guidelines for use by the department of education in determining | 16509 |
| the approved cost of such transportation for each district or | 16510 |
| service center. | 16511 |
| (K) An amount to each school district, including each | 16512 |
| cooperative education school district, pursuant to section 3313.81 | 16513 |
| of the Revised Code to assist in providing free lunches to needy | 16514 |
| children and an amount to assist needy school districts in | 16515 |
| purchasing necessary equipment for food preparation. The amounts | 16516 |
| shall be determined on the basis of rules adopted by the state | 16517 |
| board of education. | 16518 |
| (L) An amount to each school district, for each pupil | 16519 |
| attending a chartered nonpublic elementary or high school within | 16520 |
| the district. The amount shall equal the amount appropriated for | 16521 |
| the implementation of section 3317.06 of the Revised Code divided | 16522 |
| by the average daily membership in grades kindergarten through | 16523 |
| twelve in nonpublic elementary and high schools within the state | 16524 |
| as determined during the first full week in October of each school | 16525 |
| year. | 16526 |
| (M) An amount for each county MR/DD board, distributed on the | 16527 |
| basis of standards adopted by the state board of education, for | 16528 |
| the approved cost of transportation required for children | 16529 |
| attending special education programs operated by the county MR/DD | 16530 |
| board under section 3323.09 of the Revised Code; | 16531 |
| (N) An amount for each county MR/DD board, distributed on the | 16532 |
| basis of standards adopted by the state board of education, for | 16533 |
| supportive home services for preschool children; | 16534 |
| (O) An amount for each school district that establishes a | 16535 |
| mentor teacher program that complies with rules of the state board | 16536 |
| of education. No school district shall be required to establish or | 16537 |
| maintain such a program in any year unless sufficient funds are | 16538 |
| appropriated to cover the district's total costs for the program. | 16539 |
| (P) An amount to each school district or educational service | 16540 |
| center for the total number of gifted units approved pursuant to | 16541 |
| section 3317.05 of the Revised Code. The amount for each such unit | 16542 |
| shall be the sum of the minimum salary for the teacher of the | 16543 |
| unit, calculated on the basis of the teacher's training level and | 16544 |
| years of experience pursuant to the salary schedule prescribed in | 16545 |
| the version of section 3317.13 of the Revised Code in effect prior | 16546 |
| to July 1, 2001, plus fifteen per cent of that minimum salary | 16547 |
| amount, plus two thousand six hundred seventy-eight dollars. | 16548 |
| (Q) An amount to each institution defined under section | 16549 |
| 3317.082 of the Revised Code providing elementary or secondary | 16550 |
| education to children other than children receiving special | 16551 |
| education under section 3323.091 of the Revised Code. This amount | 16552 |
| for any institution in any fiscal year shall equal the total of | 16553 |
| all tuition amounts required to be paid to the institution under | 16554 |
| division (A)(1) of section 3317.082 of the Revised Code. | 16555 |
| (R) A grant to each school district and joint vocational | 16556 |
| school district that operates a "graduation, reality, and | 16557 |
| dual-role skills" (GRADS) program for pregnant and parenting | 16558 |
| students that is approved by the department. The amount of the | 16559 |
| payment shall be the district's state share percentage, as defined | 16560 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 16561 |
| GRADS personnel allowance times the full-time-equivalent number of | 16562 |
| GRADS teachers approved by the department. The GRADS personnel | 16563 |
|
allowance is
$47,555 in fiscal
years 2004 | 16564 |
| 2007. | 16565 |
| The state board of education or any other board of education | 16566 |
| or governing board may provide for any resident of a district or | 16567 |
| educational service center territory any educational service for | 16568 |
| which funds are made available to the board by the United States | 16569 |
| under the authority of public law, whether such funds come | 16570 |
| directly or indirectly from the United States or any agency or | 16571 |
| department thereof or through the state or any agency, department, | 16572 |
| or political subdivision thereof. | 16573 |
| Sec. 3317.026. (A) As used in this section, "refunded taxes" | 16574 |
| means taxes charged and payable from real and tangible personal | 16575 |
| property, including public utility property, that have been found | 16576 |
| to have been overpaid as the result of reductions in the taxable | 16577 |
| value of such property and that have been refunded, including any | 16578 |
| interest or penalty refunded with those taxes. If taxes are | 16579 |
| refunded over a period of time pursuant to division (B)(2), (3), | 16580 |
| or (4) of section 319.36 or division (C) of section 5727.471 of | 16581 |
| the Revised Code, the total amount of taxes required to be | 16582 |
| refunded, excluding any interest accruing after the day the | 16583 |
| undertaking is entered into, shall be considered to have been | 16584 |
| refunded on the day the first portion of the overpayment is paid | 16585 |
| or credited. | 16586 |
| (B) Not later than the last day of February each year, each | 16587 |
| county auditor shall certify to the tax commissioner, for each | 16588 |
| school district in the county, the amount of refunded taxes | 16589 |
| refunded in the preceding calendar year and the reductions in | 16590 |
| taxable value that resulted in those refunds, except for | 16591 |
| reductions in taxable value that previously have been reported to | 16592 |
| the tax commissioner on an abstract. If the tax commissioner | 16593 |
| determines that the amount of refunded taxes certified for a | 16594 |
| school district exceeds three per cent of the total taxes charged | 16595 |
| and payable for current expenses of the school district for the | 16596 |
| calendar year in which those taxes were refunded, the tax | 16597 |
| commissioner shall certify the reductions in taxable value that | 16598 |
| resulted in those refunds on or before the first day of June to | 16599 |
| the department of education. Upon receiving the certification by | 16600 |
| the tax commissioner, the department of education shall reduce the | 16601 |
| total taxable value of the school district, as defined in section | 16602 |
| 3317.02 of the Revised Code, by the total amount of the reductions | 16603 |
| in taxable value that resulted in those refunds for the purpose of | 16604 |
|
computing the | 16605 |
| the current
fiscal year | 16606 |
| 16607 | |
| adjustment required by this section shall be paid to the school | 16608 |
| district on
or before
the | 16609 |
| of
the | 16610 |
| If an adjustment is made under this division in the amount of | 16611 |
| state aid paid to a school district, the tax value reductions from | 16612 |
| which that adjustment results shall not be used in recomputing aid | 16613 |
| to a school district under section 3317.027 of the Revised Code. | 16614 |
| | 16615 |
| catastrophic expenditures account pursuant to division (C) of | 16616 |
| section 3316.20 of the Revised Code on the basis of the same | 16617 |
| circumstances for which an adjustment is made under this section, | 16618 |
| the amount of the adjustment shall be reduced and transferred in | 16619 |
| accordance with division (C) of section 3316.20 of the Revised | 16620 |
| Code. | 16621 |
| (D) Not later than the first day of June each year, the tax | 16622 |
| commissioner shall certify to the department of education for each | 16623 |
| school district the total of the increases in taxable value above | 16624 |
| the amount of taxable value on which tax was paid, as provided in | 16625 |
| division (B)(1) or (2) of section 5727.47 of the Revised Code, as | 16626 |
| determined by the commissioner, and for which a notification was | 16627 |
| sent pursuant to section 5727.471 of the Revised Code, in the | 16628 |
| preceding calendar year. Upon receiving the certification, the | 16629 |
| department shall increase the total taxable value, as defined in | 16630 |
| section 3317.02 of the Revised Code, of the school district by the | 16631 |
| total amount of the increase in taxable value certified by the | 16632 |
| commissioner for the school district for the purpose of computing | 16633 |
|
the school
district's
| 16634 |
| fiscal year
| 16635 |
| 16636 |
| Sec. 3317.027. On or before the fifteenth day of May of each | 16637 |
| year, the tax commissioner shall certify to the department of | 16638 |
| education: | 16639 |
| (A) The amount by which applications filed under section | 16640 |
| 5713.38 of the Revised Code or complaints filed under section | 16641 |
| 5715.19 of the Revised Code resulted in a reduction in the second | 16642 |
| preceding year's taxable value in each school district in which | 16643 |
| such a reduction occurred, and the amount by which such reduction | 16644 |
| reduced the district's taxes charged and payable for such year; | 16645 |
| and | 16646 |
| (B) The taxes charged and payable for the second preceding | 16647 |
| tax year that were remitted under section 5713.081 of the Revised | 16648 |
| Code and the taxable value against which such taxes were imposed. | 16649 |
| Upon receipt of such certifications, the department shall | 16650 |
|
recompute the | 16651 |
| 16652 | |
| 16653 | |
| value not been used in the computation made under division (A)(1) | 16654 |
| of section 3317.021 of the Revised Code and had the taxes charged | 16655 |
| and payable not been included in the certification made under | 16656 |
| division (A)(3) of such section. The
department shall | 16657 |
| calculate the amount that the remainder of the fiscal year's | 16658 |
|
payments | 16659 |
| fiscal year
| 16660 |
| payment as recomputed. The increase or decrease in the amount of | 16661 |
| aid resulting from the adjustment required under this section | 16662 |
| shall be paid to the school district on or before the thirty-first | 16663 |
| day of July of the following fiscal year. | 16664 |
| If a school district received a grant from the catastrophic | 16665 |
| expenditures account pursuant to division (C) of section 3316.20 | 16666 |
| of the Revised Code on the basis of the same circumstances for | 16667 |
| which a recomputation is made under this section, the amount of | 16668 |
| the recomputation shall be reduced and transferred in accordance | 16669 |
| with division (C) of section 3316.20 of the Revised Code. | 16670 |
| Sec. 3317.028. (A) On or before the fifteenth day of May in | 16671 |
| each calendar year prior to calendar year 2007, the tax | 16672 |
| commissioner shall determine for each school district whether the | 16673 |
| taxable value of all tangible personal property, including utility | 16674 |
| tangible personal property, subject to taxation by the district in | 16675 |
| the preceding tax year was less or greater than the taxable value | 16676 |
| of such property during the second preceding tax year. If any such | 16677 |
| decrease exceeds five per cent of the district's tangible personal | 16678 |
| property taxable value included in the total taxable value used in | 16679 |
| computing the district's
| 16680 |
| the fiscal year that ends in the current calendar year, or if any | 16681 |
| such increase exceeds five per cent of the district's total | 16682 |
| taxable value used in computing the district's
| 16683 |
| 16684 | |
| current calendar year, the tax commissioner shall certify both of | 16685 |
| the following to the department of education: | 16686 |
| (1) The taxable value of the tangible personal property | 16687 |
| increase or decrease, including utility tangible personal property | 16688 |
| increase or decrease, which shall be considered a change in | 16689 |
| valuation; | 16690 |
| (2) The decrease or increase in taxes charged and payable on | 16691 |
| such change in taxable value calculated in the same manner as in | 16692 |
| division (A)(3) of section 3317.021 of the Revised Code. | 16693 |
| (B) | 16694 |
| 16695 | |
| 16696 | |
| 16697 | |
| 16698 | |
| 16699 | |
| 16700 | |
| 16701 | |
| the fifteenth day of May in each calendar year thereafter, the tax | 16702 |
| commissioner shall determine for each school district whether the | 16703 |
| taxable value of all utility tangible personal property subject to | 16704 |
| taxation by the district in the preceding tax year was less or | 16705 |
| greater than the taxable value of such property during the second | 16706 |
| preceding tax year. If any decrease exceeds five per cent of the | 16707 |
| district's tangible personal property taxable value included in | 16708 |
| the total taxable value used in the district's state aid | 16709 |
| computation for the fiscal year that ends in the current calendar | 16710 |
| year, or if any increase exceeds five per cent of the district's | 16711 |
| total taxable value used in the district's state aid computation | 16712 |
| for the fiscal year that ends in the current calendar year, the | 16713 |
| tax commissioner shall certify both of the following to the | 16714 |
| department of education: | 16715 |
| (1) The taxable value of the utility tangible personal | 16716 |
| property increase or decrease, which shall be considered a change | 16717 |
| in valuation; | 16718 |
| (2) The decrease or increase in taxes charged and payable on | 16719 |
| such change in taxable value calculated in the same manner as in | 16720 |
| division (A)(3) of section 3317.021 of the Revised Code. | 16721 |
| (C) Upon receipt of | 16722 |
| section, the department of education shall reduce or increase by | 16723 |
| the respective amounts
certified | 16724 |
| taxes charged and payable that were used in computing the | 16725 |
| district's | 16726 |
| 16727 | |
| current calendar year and shall recompute
the | 16728 |
| payment for
such fiscal year. | 16729 |
| 16730 | |
| to one-half of the recomputed payments in lieu of the payments | 16731 |
| otherwise required
under | 16732 |
| the thirty-first day of July of the following fiscal year. | 16733 |
| (D) If a school district received a grant from the | 16734 |
| catastrophic expenditures account pursuant to division (C) of | 16735 |
| section 3316.20 of the Revised Code on the basis of the same | 16736 |
| circumstances for which a recomputation is made under this | 16737 |
| section, the amount of the recomputation shall be reduced and | 16738 |
| transferred in accordance with division (C) of section 3316.20 of | 16739 |
| the Revised Code. | 16740 |
| Sec. 3317.029. (A) As used in this section: | 16741 |
| (1)
" | 16742 |
| | 16743 |
| 16744 | |
| 16745 | |
| 16746 | |
| 16747 | |
| 16748 | |
| 16749 |
| | 16750 |
| children ages five to seventeen residing in the school district | 16751 |
| and living in a family that has family income not exceeding the | 16752 |
| federal poverty guidelines and that receives family assistance, as | 16753 |
| certified or adjusted under section 3317.10 of the Revised Code, | 16754 |
| divided by the district's three-year average formula ADM. | 16755 |
| (2) "Family assistance" means assistance received under one | 16756 |
| of the following: | 16757 |
| (a) The Ohio works first program; | 16758 |
| (b) The food stamp program; | 16759 |
| (c) The medical assistance program, including the healthy | 16760 |
| start program, established under Chapter 5111. of the Revised | 16761 |
| Code; | 16762 |
| (d) The children's health insurance program part I | 16763 |
| established under section 5101.50 of the Revised Code or, prior to | 16764 |
| fiscal year 2000, an executive order issued under section 107.17 | 16765 |
| of the Revised Code; | 16766 |
| (e) The disability financial assistance program established | 16767 |
| under
Chapter 5115. of the Revised Code | 16768 |
| | 16769 |
| 16770 |
| (3)
"Statewide | 16771 |
| | 16772 |
| 16773 | |
| 16774 | |
| 16775 | |
| 16776 | |
| 16777 |
| | 16778 |
| number of children ages five to seventeen residing in the state | 16779 |
| and living in a family that has family income not exceeding the | 16780 |
| federal poverty guidelines and that receives family assistance, | 16781 |
| divided by the sum of the three-year average formula ADMs for all | 16782 |
| school districts in the state. | 16783 |
| (4)
" | 16784 |
| dividing the
school district's | 16785 |
| statewide | 16786 |
| (5) "Federal poverty guidelines" has the same meaning as in | 16787 |
| section 5101.46 of the Revised Code. | 16788 |
| (6) " | 16789 |
| | 16790 |
| 16791 | |
| 16792 | |
| 16793 | |
| 16794 | |
| 16795 |
| | 16796 |
| children ages five to seventeen residing in the school district | 16797 |
| and living in a family that has family income not exceeding the | 16798 |
| federal poverty guidelines and that receives family assistance, as | 16799 |
| certified or adjusted under section 3317.10 of the Revised Code. | 16800 |
| (7) "Kindergarten ADM" means the number of students reported | 16801 |
| under section 3317.03 of the Revised Code as enrolled in | 16802 |
| kindergarten. | 16803 |
| (8) "Kindergarten through third grade ADM" means the amount | 16804 |
| calculated as follows: | 16805 |
| (a) Multiply the kindergarten ADM by the sum of one plus the | 16806 |
| all-day kindergarten percentage; | 16807 |
| (b) Add the number of students in grades one through three; | 16808 |
| (c) Subtract from the sum calculated under division (A)(6)(b) | 16809 |
| of this section the number of special education students in grades | 16810 |
| kindergarten through three. | 16811 |
| (9)
| 16812 |
| 16813 | |
| 16814 | |
| 16815 | |
| 16816 |
| | 16817 |
| is in session five days per week for not less than the same number | 16818 |
| of clock hours each day as for pupils in grades one through six. | 16819 |
| | 16820 |
| percentage of a district's actual total number of students | 16821 |
| enrolled in kindergarten who are enrolled in all-day kindergarten. | 16822 |
| | 16823 |
|
means | 16824 |
| | 16825 |
| 16826 | |
| 16827 | |
| 16828 | |
| 16829 |
| | 16830 |
| district with percentages of students in grades kindergarten | 16831 |
| through three receiving family assistance at least as high as the | 16832 |
| district-wide percentage of students receiving family assistance. | 16833 |
| | 16834 |
| department of job and family services under section 3317.10 of the | 16835 |
|
Revised
Code is insufficient to
determine
the
| 16836 |
| family assistance percentage in each building, "buildings with the | 16837 |
| highest concentration of need" has the meaning given in rules that | 16838 |
| the department of education shall adopt. The rules shall base the | 16839 |
| definition of "buildings with the highest concentration of need" | 16840 |
| on family income of students in grades kindergarten through three | 16841 |
| in a manner that, to the extent possible with available data, | 16842 |
|
approximates the intent of this
division
and
division | 16843 |
| this
section to designate buildings
where the
| 16844 |
| family assistance percentage in those grades equals or exceeds the | 16845 |
|
district-wide
| 16846 |
| (B) In addition to the amounts required to be paid to a | 16847 |
|
school district under section
3317.022 of the Revised Code, | 16848 |
| department of education shall compute and distribute to each | 16849 |
| school district | 16850 |
| greater of the amount the
district received in fiscal
year | 16851 |
| 2005 for disadvantaged pupil impact aid pursuant to | 16852 |
| 16853 | |
| Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly, | 16854 |
| as amended, or the sum of the computations made under divisions | 16855 |
| (C) to | 16856 |
| (C) A | 16857 |
| related to safety and security and for remediation or similar | 16858 |
| programs, if the district's poverty index is greater than or equal | 16859 |
| to 0.25, calculated as follows: | 16860 |
| | 16861 |
| 16862 | |
| 16863 | |
| 16864 |
| | 16865 |
| 16866 | |
| 16867 | |
| 16868 |
| | 16869 |
| 16870 | |
| 16871 | |
| 16872 | |
| 16873 | |
| 16874 |
| (1) If the district's poverty index is greater than or equal | 16875 |
| to 0.25, calculate the level-one amount as follows: | 16876 |
| (a) If the district's poverty index is greater than or equal | 16877 |
| to 0.25, but less than 1.25, determine the level-one amount per | 16878 |
| poverty student as follows: | 16879 |
| 16880 | |
| 16881 |
| (b) If the district's poverty index is greater than or equal | 16882 |
| to 1.25, the level-one amount per poverty student equals: | 16883 |
| 16884 |
| (c) Calculate the district's level-one payment as follows: | 16885 |
| 16886 | |
| 16887 | |
| 16888 |
| Where "multiple" equals 0.40 in fiscal year 2006 and 0.60 in | 16889 |
| fiscal year 2007. | 16890 |
| (2) If the district's poverty index is greater than or equal | 16891 |
| to 1.25, determine the level-two amount, which shall be paid in | 16892 |
| addition to the level-one amount, as follows: | 16893 |
| (a) If the district's poverty index is greater than or equal | 16894 |
| to 1.25, but less than 1.75, determine the level-two amount per | 16895 |
| poverty student, as follows: | 16896 |
| 16897 | |
| 16898 |
| (b) If the district's poverty index is greater than or equal | 16899 |
| to 1.75, the level-two amount per poverty student equals: | 16900 |
| 16901 |
| (c) Calculate the district's level-two payment as follows: | 16902 |
| 16903 | |
| 16904 | |
| 16905 |
| Where "multiple" equals 0.40 in fiscal year 2006 and 0.60 in | 16906 |
| fiscal year 2007. | 16907 |
| (D) A payment for all-day kindergarten if the
| 16908 |
| index of
the school district is greater
than or equal to | 16909 |
| or if the district's three-year average formula ADM exceeded | 16910 |
| seventeen thousand five hundred, calculated by multiplying the | 16911 |
| all-day kindergarten percentage by the kindergarten ADM and | 16912 |
| multiplying that product by the formula amount. | 16913 |
| (E) A class-size reduction payment based on calculating the | 16914 |
| number of new teachers necessary to achieve a lower | 16915 |
| student-teacher ratio, as follows: | 16916 |
| (1) Determine or calculate a formula number of teachers per | 16917 |
|
one
thousand students based on the
| 16918 |
| school district as follows: | 16919 |
| (a) If the | 16920 |
| than
| 16921 |
| 50.0, which is the number of teachers per one thousand students at | 16922 |
| a student-teacher
ratio
of | 16923 |
| (b) If the | 16924 |
| greater than
or equal to | 16925 |
| 16926 | |
| follows: | 16927 |
| 16928 |
| 16929 |
| Where | 16930 |
|
students at a student-teacher ratio of | 16931 |
| 16932 | |
| 1.0 to a
| 16933 |
| 16.667 is the difference in the number of teachers per one | 16934 |
| thousand students at a student-teacher ratio of fifteen to one and | 16935 |
| the number of teachers per one thousand students at a | 16936 |
| student-teacher ratio of | 16937 |
| (c) If the | 16938 |
| greater than
or equal to
| 16939 |
| of teachers is 66.667, which is the number of teachers per one | 16940 |
| thousand students at a student-teacher ratio of fifteen to one. | 16941 |
| (2) Multiply the formula number of teachers determined or | 16942 |
| calculated in division (E)(1) of this section by the kindergarten | 16943 |
| through third grade ADM for the district and divide that product | 16944 |
| by one thousand; | 16945 |
| (3) Calculate the number of new teachers as follows: | 16946 |
| (a) Multiply the kindergarten through third grade ADM by | 16947 |
| 16948 | |
| students
at a student-teacher ratio of
| 16949 |
| and divide that product by one thousand; | 16950 |
| (b) Subtract the quotient obtained in division (E)(3)(a) of | 16951 |
| this section from the product in division (E)(2) of this section. | 16952 |
| (4) Multiply the greater of the difference obtained under | 16953 |
| division (E)(3) of this section or zero by the statewide average | 16954 |
| teachers salary. For this purpose, the "statewide average teacher | 16955 |
| salary" is $56,465 in fiscal year 2006 and $58,667 in fiscal year | 16956 |
| 2007, which includes an amount for the value of fringe benefits. | 16957 |
| (F) A payment for services to limited English proficient | 16958 |
| students, if the district's poverty index is greater than or equal | 16959 |
| to 1.0 and the proportion of its students who are limited English | 16960 |
| proficient, as reported in 2003 on its school district report | 16961 |
| issued under section 3302.03 of the Revised Code for the 2002-2003 | 16962 |
| school year, is greater than or equal to 2.0%, calculated as | 16963 |
| follows: | 16964 |
| (1) If the district's poverty index is greater than or equal | 16965 |
| to 1.0, but less than 2.0, determine the amount per limited | 16966 |
| English proficient student as follows: | 16967 |
| 16968 | |
| 16969 |
| (2) If the district's poverty index is greater than or equal | 16970 |
| to 2.0, the amount per limited English proficient student equals: | 16971 |
| 16972 |
| (3) Multiply the per student amount determined for the | 16973 |
| district under division (F)(1) or (2) of this section by the | 16974 |
| number of the district's limited English proficient students. For | 16975 |
| purposes of this calculation in fiscal years 2006 and 2007, the | 16976 |
| number of limited English proficient students for each district | 16977 |
| shall be the number determined by the department when it | 16978 |
| calculated the district's percentage of limited English students | 16979 |
| for its school district report issued in 2003 for the 2002-2003 | 16980 |
| school year. | 16981 |
| Not later than July 1, 2006, the department of education | 16982 |
| shall recommend to the general assembly and the director of budget | 16983 |
| and management a method of identifying the number of limited | 16984 |
| English proficient students for purposes of calculating payments | 16985 |
| under this division after fiscal year 2007. | 16986 |
| (G) A payment for professional development of teachers, if | 16987 |
| the district's poverty index is greater than or equal to 1.0, | 16988 |
| calculated as follows: | 16989 |
| (1) If the district's poverty index is greater than or equal | 16990 |
| to 1.0, but less than 2.0, determine the amount per teacher as | 16991 |
| follows: | 16992 |
| 16993 |
| (2) If the district's poverty index is greater than or equal | 16994 |
| to 2.0, the amount per teacher equals: | 16995 |
| 16996 |
| (3) Determine the number of teachers, as follows: | 16997 |
| 16998 |
| (4) Multiply the per teacher amount determined for the | 16999 |
| district under division (G)(1) or (2) of this section by the | 17000 |
| number of teachers determined under division (G)(3) of this | 17001 |
| section, times a multiple of 0.40 in fiscal year 2006 or a | 17002 |
| multiple of 0.60 in fiscal year 2007. | 17003 |
| (H) A payment for dropout prevention, if the district is a | 17004 |
| big eight school district as defined in section 3314.02 of the | 17005 |
| Revised Code, calculated as follows: | 17006 |
| 17007 |
| Where "multiple" equals 0.40 in fiscal year 2006 and 0.60 in | 17008 |
| fiscal year 2007. | 17009 |
| (I) An amount for community outreach, if the district is an | 17010 |
| urban school district as defined in section 3314.02 of the Revised | 17011 |
| Code, calculated as follows: | 17012 |
| 17013 | |
| 17014 |
| Where: | 17015 |
| (1) "Community liaison personnel allowance" equals $42,729 in | 17016 |
| fiscal year 2006 and $44,396 in fiscal year 2007, which includes | 17017 |
| an amount for the value of fringe benefits. | 17018 |
| (2) "Multiple" equals 0.40 in fiscal year 2006 and 0.60 in | 17019 |
| fiscal year 2007. | 17020 |
| (J) This division applies only to school districts whose
| 17021 |
| poverty index is | 17022 |
| (1) Each school district subject to this division shall first | 17023 |
| utilize funds received under this section so that, when combined | 17024 |
| with other funds of the district, sufficient funds exist to | 17025 |
| provide all-day kindergarten to at least the number of children in | 17026 |
| the district's all-day kindergarten percentage. | 17027 |
| (2) | 17028 |
| 17029 | |
| 17030 | |
| 17031 | |
| (F) of this section for one or more of the following purposes: | 17032 |
| (a) To hire teachers for limited English proficient students | 17033 |
| or other personnel to provide intervention services for those | 17034 |
| students; | 17035 |
| (b) To contract for intervention services for those students; | 17036 |
| (c) To provide other services to assist those students in | 17037 |
| passing the third-grade reading achievement test, and to provide | 17038 |
| for those students the intervention services required by section | 17039 |
| 3313.608 of the Revised Code. | 17040 |
| (3) Each school district may, but is not required to, use all | 17041 |
| or part of its payment under division (G) of this section for | 17042 |
| professional development of teachers or other licensed personnel | 17043 |
| providing educational services to students. Each district that | 17044 |
| elects to use its payment under division (G) of this section for | 17045 |
| that purpose shall use the payment to provide professional | 17046 |
| development only in one or more of the following areas: | 17047 |
| (a) Data-based decision making; | 17048 |
| (b) Standards-based curriculum models; | 17049 |
| (c) Job-embedded professional development activities that are | 17050 |
| research-based, as defined in federal law. | 17051 |
| In addition, each district that elects to use its payment | 17052 |
| under division (G) of this section for such professional | 17053 |
| development shall use the payment only to implement programs | 17054 |
| identified on a list of eligible professional development programs | 17055 |
| provided by the department of education. The department annually | 17056 |
| shall provide the list to each district receiving a payment under | 17057 |
| division (G) of this section. However, a district may apply to the | 17058 |
| department for a waiver to implement an alternative professional | 17059 |
| development program in one or more of the areas specified in | 17060 |
| divisions (J)(3)(a) to (c) of this section. If the department | 17061 |
| grants the waiver, the district may use its payment under division | 17062 |
| (G) of this section to implement the alternative program. | 17063 |
| (4) Each big eight school district shall use its payment | 17064 |
| under division (H) of this section either for preventing at-risk | 17065 |
| students from dropping out of school or for the safety, security, | 17066 |
| or remediation activities described in divisions (J)(6)(a) and (b) | 17067 |
| of this section, or for a combination of those purposes. Not later | 17068 |
| than September 1, 2005, the department of education shall provide | 17069 |
| each big eight school district with a list of dropout prevention | 17070 |
| programs that it has determined are successful. The department | 17071 |
| subsequently may update the list. Each district that elects to use | 17072 |
| its payment under division (H) of this section for dropout | 17073 |
| prevention shall use the payment only to implement a dropout | 17074 |
| prevention program specified on the department's list. However, a | 17075 |
| district may apply to the department for a waiver to implement an | 17076 |
| alternative dropout prevention program. If the department grants | 17077 |
| the waiver, the district may use its payment under division (H) of | 17078 |
| this section to implement the alternative program. | 17079 |
| (5) Each urban school district that has a poverty index | 17080 |
| greater than or equal to 1.0 shall use its payment under division | 17081 |
| (I) of this section either to hire or contract for community | 17082 |
| liaison officers, attendance or truant officers, or safety and | 17083 |
| security personnel, or for the safety, security, or remediation | 17084 |
| activities described in divisions (J)(6)(a) and (b) of this | 17085 |
| section, or for a combination of those purposes. | 17086 |
| (6) Each school district with a poverty index greater than or | 17087 |
| equal to 1.0 shall use the amount of its payment under division | 17088 |
| (C) of this section, plus any amount of its payment under division | 17089 |
| (H) of this section that it does not use for dropout prevention | 17090 |
| programs as described in division (J)(4) of this section, plus any | 17091 |
| amount of its payment under division (I) of this section that it | 17092 |
| does not use for the community outreach purposes described in | 17093 |
| division (J)(5) of this section, for one or both of the following: | 17094 |
| (a) Programs designed to ensure that schools are free of | 17095 |
| drugs and violence and have a disciplined environment conducive to | 17096 |
| learning; | 17097 |
| (b) Remediation for students who have failed or are in danger | 17098 |
| of failing any of the tests administered pursuant to section | 17099 |
| 3301.0710 of the Revised Code. | 17100 |
| | 17101 |
| 17102 | |
| its payment under division (G) of this section for the activities | 17103 |
| described in divisions (J)(6)(a) and (b) of this section. | 17104 |
| Each school district shall use at least twenty per cent of | 17105 |
| the
funds set aside for the purposes of divisions | 17106 |
| and (b) of this section to provide intervention services required | 17107 |
| by section 3313.608 of the Revised Code. | 17108 |
| | 17109 |
|
permitted under division | 17110 |
| remaining funds distributed under this section to districts | 17111 |
| 17112 | |
| equal to 1.0 shall be utilized for the purpose of the third grade | 17113 |
| guarantee. The third grade guarantee consists of increasing the | 17114 |
| amount of instructional attention received per pupil in | 17115 |
| kindergarten through third grade, either by reducing the ratio of | 17116 |
| students to instructional personnel or by increasing the amount of | 17117 |
| instruction and curriculum-related activities by extending the | 17118 |
| length of the school day or the school year. | 17119 |
| School districts may implement a reduction of the ratio of | 17120 |
| students to instructional personnel through any or all of the | 17121 |
| following methods: | 17122 |
| (a) Reducing the number of students in a classroom taught by | 17123 |
| a single teacher; | 17124 |
| (b) Employing full-time educational aides or educational | 17125 |
| paraprofessionals issued a permit or license under section | 17126 |
| 3319.088 of the Revised Code; | 17127 |
| (c) Instituting a team-teaching method that will result in a | 17128 |
| lower student-teacher ratio in a classroom. | 17129 |
| Districts may extend the school day either by increasing the | 17130 |
| amount of time allocated for each class, increasing the number of | 17131 |
| classes provided per day, offering optional academic-related | 17132 |
| after-school programs, providing curriculum-related extra | 17133 |
| curricular activities, or establishing tutoring or remedial | 17134 |
| services for students who have demonstrated an educational need. | 17135 |
| In accordance with section 3319.089 of the Revised Code, a | 17136 |
| district extending the school day pursuant to this division may | 17137 |
| utilize a participant of the work experience program who has a | 17138 |
| child enrolled in a public school in that district and who is | 17139 |
| fulfilling the work requirements of that program by volunteering | 17140 |
| or working in that public school. If the work experience program | 17141 |
| participant is compensated, the school district may use the funds | 17142 |
| distributed under this section for all or part of the | 17143 |
| compensation. | 17144 |
| Districts may extend the school year either through adding | 17145 |
| regular days of instruction to the school calendar or by providing | 17146 |
| summer programs. | 17147 |
| | 17148 |
| shall not expend any funds received under division (E) of this | 17149 |
| section in any school buildings that are not buildings with the | 17150 |
| highest concentration of need, unless there is a ratio of | 17151 |
| instructional personnel to students of no more than fifteen to one | 17152 |
| in each kindergarten and first grade class in all buildings with | 17153 |
| the highest concentration of need. This division does not require | 17154 |
| that the funds used in buildings with the highest concentration of | 17155 |
| need be spent solely to reduce the ratio of instructional | 17156 |
| personnel to students in kindergarten and first grade. A school | 17157 |
| district may spend the funds in those buildings in any manner | 17158 |
|
permitted by division
| 17159 |
| spend the money in other buildings unless the fifteen-to-one ratio | 17160 |
| required by this division is attained. | 17161 |
| | 17162 |
| each school district wishing to receive any funds under division | 17163 |
| (D) of this section shall submit to the department of education an | 17164 |
| estimate of its all-day kindergarten percentage. Each district | 17165 |
| shall update its estimate throughout the fiscal year in the form | 17166 |
| and manner required by the department, and the department shall | 17167 |
| adjust payments under this section to reflect the updates. | 17168 |
| (2) Annually by the end of December, the department of | 17169 |
| education, utilizing data from the information system established | 17170 |
| under section 3301.0714 of the Revised Code and after consultation | 17171 |
| with the legislative office of education oversight, shall | 17172 |
|
determine for each school district subject to division | 17173 |
| this section whether in the preceding fiscal year the district's | 17174 |
| ratio of instructional personnel to students and its number of | 17175 |
| kindergarten students receiving all-day kindergarten appear | 17176 |
| reasonable, given the amounts of money the district received for | 17177 |
| that fiscal year pursuant to divisions (D) and (E) of this | 17178 |
| section. If the department is unable to verify from the data | 17179 |
| available that students are receiving reasonable amounts of | 17180 |
| instructional attention and all-day kindergarten, given the funds | 17181 |
| the district has received under this section and that class-size | 17182 |
| reduction funds are being used in school buildings with the | 17183 |
|
highest concentration of
need as required by division | 17184 |
| this section, the department shall conduct a more intensive | 17185 |
| investigation to ensure that funds have been expended as required | 17186 |
| by this section. The department shall file an annual report of its | 17187 |
| findings under this division with the chairpersons of the | 17188 |
| committees in each house of the general assembly dealing with | 17189 |
| finance and education. | 17190 |
| | 17191 |
| less than | 17192 |
| seventeen thousand five hundred shall first utilize funds received | 17193 |
| under this section so that, when combined with other funds of the | 17194 |
| district, sufficient funds exist to provide all-day kindergarten | 17195 |
| to at least the number of children in the district's all-day | 17196 |
|
kindergarten
percentage.
| 17197 |
| (2) Each school district with a poverty index less than 1.0 | 17198 |
| that receives a payment under division (I) of this section shall | 17199 |
| use its payment under that division for one or both of the | 17200 |
| following purposes: | 17201 |
| (a) To hire or contract for community liaison officers, | 17202 |
| attendance or truant officers, or safety and security personnel; | 17203 |
| (b) To implement any of the safety, security, or remediation | 17204 |
| activities described in divisions (J)(6)(a) and (b) of this | 17205 |
| section. | 17206 |
| (3) Each school district to which division (M)(1) or (2) of | 17207 |
| this section applies shall expend | 17208 |
| remaining funds received under this section, and any other | 17209 |
|
district with a
| 17210 |
| 17211 | |
| section, for any of the following purposes: | 17212 |
| | 17213 |
| for remediation; | 17214 |
| | 17215 |
| | 17216 |
| through three, as described in division (J)(7) of this section; | 17217 |
| | 17218 |
| | 17219 |
| of education under division (J)(4) of this section; | 17220 |
| | 17221 |
| progress to more advanced work; | 17222 |
| | 17223 |
| | 17224 |
| | 17225 |
| | 17226 |
| described by the department of education; | 17227 |
| | 17228 |
| drugs and violence and have a disciplined environment conducive to | 17229 |
| learning; | 17230 |
| | 17231 |
| of instruction, except for the necessary textbooks or electronic | 17232 |
| textbooks required to be furnished without charge pursuant to | 17233 |
| section 3329.06 of the Revised Code, to pupils living in families | 17234 |
| participating in Ohio works first in accordance with section | 17235 |
| 3313.642 of the Revised Code; | 17236 |
| | 17237 |
| 3313.813 of the Revised Code. | 17238 |
| | 17239 |
| 17240 | |
| 17241 |
| | 17242 |
| instruction determines that a school district receiving funds | 17243 |
| under division (D) of this section has enrolled less than the | 17244 |
| all-day kindergarten percentage reported for that fiscal year, the | 17245 |
| superintendent shall withhold from the funds otherwise due the | 17246 |
| district under this section a proportional amount as determined by | 17247 |
| the difference in the certified all-day kindergarten percentage | 17248 |
| and the percentage actually enrolled in all-day kindergarten. | 17249 |
| The superintendent shall also withhold an appropriate amount | 17250 |
| of funds otherwise due a district for any other misuse of funds | 17251 |
| not in accordance with this section. | 17252 |
| | 17253 |
| calculated for it under division (D) of this section to modify or | 17254 |
| purchase classroom space to provide all-day kindergarten, if both | 17255 |
| of the following conditions are met: | 17256 |
| (a) The district certifies to the department, in a manner | 17257 |
| acceptable to the department, that it has a shortage of space for | 17258 |
| providing all-day kindergarten. | 17259 |
| (b) The district provides all-day kindergarten to the number | 17260 |
| of children in the all-day kindergarten percentage it certified | 17261 |
| under this section. | 17262 |
| (2) A district may use a portion of the funds described in | 17263 |
|
division | 17264 |
| classroom space to enable it to further reduce class size in | 17265 |
| grades kindergarten through two with a goal of attaining class | 17266 |
| sizes of fifteen students per licensed teacher. To do so, the | 17267 |
| district must certify its need for additional space to the | 17268 |
| department, in a manner satisfactory to the department. | 17269 |
| Sec. 3317.0212. Division (B) of this section does not apply | 17270 |
| to a school district with a formula ADM of one hundred fifty or | 17271 |
| less. | 17272 |
| (A) As used in this section: | 17273 |
| (1) "Fundamental FY 1997 state aid" or "fundamental FY 1998 | 17274 |
| state aid" for a district means the total amount of state money | 17275 |
| received by the district for the applicable fiscal year as | 17276 |
| reported on the department of education's form "SF-12," adjusted | 17277 |
| as follows: | 17278 |
| (a) Minus the amount for transportation; | 17279 |
| (b) Minus any amounts for approved preschool handicapped | 17280 |
| units; | 17281 |
| (c) Minus any additional amount attributable to the | 17282 |
| reappraisal guarantee of division (C) of section 3317.04 of the | 17283 |
| Revised Code; | 17284 |
| (d) Plus the amount deducted for payments to an educational | 17285 |
| service center; | 17286 |
| (e) Plus an estimated portion of the state money distributed | 17287 |
| in the applicable fiscal year to other school districts or | 17288 |
| educational service centers for approved units, other than | 17289 |
| preschool handicapped or gifted education units, attributable to | 17290 |
| the costs of providing services in those units to students | 17291 |
| entitled to attend school in the district; | 17292 |
| (f) Minus an estimated portion of the state money distributed | 17293 |
| to the school district in the applicable fiscal year for approved | 17294 |
| units, other than preschool handicapped units or gifted education | 17295 |
| units, attributable to the costs of providing services in those | 17296 |
| units to students entitled to attend school in another school | 17297 |
| district; | 17298 |
| (g) Plus any additional amount paid in the applicable fiscal | 17299 |
| year pursuant to the vocational education recomputation required | 17300 |
| by Section 45.12 of Amended Substitute House Bill No. 117 of the | 17301 |
| 121st general assembly or former Section 50.22 of Amended | 17302 |
| Substitute House Bill No. 215 of the 122nd general assembly; | 17303 |
| (h) Plus any additional amount paid in the applicable fiscal | 17304 |
| year pursuant to the special education recomputation required by | 17305 |
| former division (I) of section 3317.023 of the Revised Code; | 17306 |
| (i) Plus any amount paid for equity aid in the applicable | 17307 |
| fiscal year under former section 3317.0213 of the Revised Code; | 17308 |
| (j) Plus any amount received for the applicable fiscal year | 17309 |
| pursuant to section 3317.027 of the Revised Code; | 17310 |
| (k) Plus any amount received for the applicable fiscal year | 17311 |
| resulting from a recomputation made under division (B) of section | 17312 |
| 3317.022 of the Revised Code, as that section existed in the | 17313 |
| applicable fiscal year. | 17314 |
| (2) "State basic aid" for a district for any fiscal year | 17315 |
| after fiscal year 1999 means the sum of the following: | 17316 |
| (a) The amount computed for the district for base cost | 17317 |
| funding, special education funding, and vocational education | 17318 |
| funding under divisions (A), (C)(1) and (4), and (E) of section | 17319 |
| 3317.022 and sections 3317.025 and 3317.027 of the Revised Code | 17320 |
|
and | 17321 |
| the Revised Code in the current fiscal year before any deduction | 17322 |
| or credit required by division (B), (D), (E), (F), (G), (H), (I), | 17323 |
| (J),
(K), | 17324 |
| 17325 |
| (b) Any amounts for which the district is eligible pursuant | 17326 |
| to division (C) of section 3317.023, divisions (G), (P), and (R) | 17327 |
| of section 3317.024, and the supplemental unit allowance paid for | 17328 |
| gifted units under division (B) of section 3317.053 of the Revised | 17329 |
| Code | 17330 |
| | 17331 |
| 17332 |
| (B) | 17333 |
| section for any fiscal year after fiscal year 2006. | 17334 |
| Upon request of the department of education, the treasurer of | 17335 |
| any school district or educational service center shall furnish | 17336 |
| data needed to calculate the amounts specified in divisions | 17337 |
| (A)(1)(e) and (f) of this section. The department shall compute | 17338 |
| and pay the state basic aid guarantee for each school district for | 17339 |
| the fiscal year as follows: | 17340 |
| (1) Subtract the amount of state basic aid from the amount of | 17341 |
| fundamental FY 1998 state aid. If a negative number, this | 17342 |
| computation shall be deemed to be zero. | 17343 |
| (2) Pay the district the following: | 17344 |
| (a) In any fiscal year prior to fiscal year 2006, any | 17345 |
| positive amount calculated under division (B)(1) of this section; | 17346 |
| (b) In fiscal year 2006, any positive amount calculated under | 17347 |
| division (B)(1) of this section times 0.50. | 17348 |
| (C)(1) The state basic aid guarantee in any fiscal year for a | 17349 |
| school district with a formula ADM of one hundred fifty or less | 17350 |
| shall be the greatest of the following amounts: | 17351 |
| (a) The district's state basic aid for the fiscal year; | 17352 |
| (b) The district's fundamental FY 1998 state aid; | 17353 |
| (c) The district's fundamental FY 1997 state aid. | 17354 |
| (2) If in any fiscal year the state basic aid for a school | 17355 |
| district with a formula ADM of one hundred fifty or less is less | 17356 |
| than the guarantee amount determined for the district under | 17357 |
| division (C)(1) of this section, the department of education shall | 17358 |
| pay the district the amount of the difference. | 17359 |
| Sec. 3317.0217. The department of education shall annually | 17360 |
| compute and pay state parity aid to school districts, as follows: | 17361 |
| (A) Calculate the local wealth per pupil of each school | 17362 |
| district, which equals the following sum: | 17363 |
| (1) Two-thirds times the quotient of (a) the district's | 17364 |
| recognized valuation divided by (b) the greater of its formula ADM | 17365 |
| or three-year average formula ADM; plus | 17366 |
| (2) One-third times the quotient of (a) the average of the | 17367 |
| total federal adjusted gross income of the school district's | 17368 |
| residents for the three years most recently reported under section | 17369 |
| 3317.021 of the Revised Code divided by (b) the greater of its | 17370 |
| formula ADM or three-year average formula ADM. | 17371 |
| (B) Rank all school districts in order of local wealth per | 17372 |
| pupil, from the district with the lowest local wealth per pupil to | 17373 |
| the district with the highest local wealth per pupil. | 17374 |
| (C) Compute the per pupil state parity aid funding for each | 17375 |
| school district in accordance with the following formula: | 17376 |
| 17377 |
| 17378 |
| 17379 |
| Where: | 17380 |
| (1) "Payment percentage," for purposes of division (C) of | 17381 |
| this section, equals 20% in fiscal year 2002, 40% in fiscal year | 17382 |
|
2003, 58% in fiscal year 2004, 76% in fiscal year
2005, | 17383 |
| 17384 | |
| year 2007. | 17385 |
| (2) Nine and one-half mills (0.0095) is the general | 17386 |
| assembly's determination of the average number of effective | 17387 |
| operating mills that districts in the seventieth to ninetieth | 17388 |
| percentiles of valuations per pupil collected in fiscal year 2001 | 17389 |
| above the revenues required to finance their attributed local | 17390 |
| shares of the calculated cost of an adequate education. This was | 17391 |
| determined by (a) adding the district revenues from operating | 17392 |
| property tax levies and income tax levies, (b) subtracting from | 17393 |
| that total the sum of (i) twenty-three mills times adjusted | 17394 |
| recognized valuation plus (ii) the attributed local shares of | 17395 |
| special education, transportation, and vocational education | 17396 |
| funding as described in divisions (F)(1) to (3) of section | 17397 |
| 3317.022 of the Revised Code, and (c) converting the result to an | 17398 |
| effective operating property tax rate. | 17399 |
| (3) The "threshold local wealth per pupil" is the local | 17400 |
| wealth per pupil of the school district with the | 17401 |
| four-hundred-ninetieth lowest local wealth per pupil. | 17402 |
| If the result of the calculation for a school district under | 17403 |
| division (C) of this section is less than zero, the district's per | 17404 |
| pupil parity aid shall be zero. | 17405 |
| (D) Compute the per pupil alternative parity aid for each | 17406 |
| school district that has a combination of an income factor of 1.0 | 17407 |
|
or less, a | 17408 |
| 2005 cost-of-doing-business factor of 1.0375 or greater, in | 17409 |
| accordance with the following formula: | 17410 |
| 17411 |
| 17412 |
| Where: | 17413 |
| (1) " | 17414 |
| 3317.029 of the Revised Code. | 17415 |
| (2) "Payment percentage," for purposes of division (D) of | 17416 |
| this section, equals 50% in fiscal year 2002 and 100% after fiscal | 17417 |
| year 2002. | 17418 |
| (E) Pay each district that has a combination of an income | 17419 |
|
factor of 1.0 or less, a | 17420 |
| a fiscal year 2005 cost-of-doing-business factor of 1.0375 or | 17421 |
| greater, the greater of the following: | 17422 |
| (1) The product of the district's per pupil parity aid | 17423 |
| calculated under division (C) of this section times the greater of | 17424 |
| its formula ADM or three-year average formula ADM; | 17425 |
| (2) The product of its per pupil alternative parity aid | 17426 |
| calculated under division (D) of this section times the greater of | 17427 |
| its formula ADM or three-year average formula ADM. | 17428 |
| (F) Pay every other district the product of its per pupil | 17429 |
| parity aid calculated under division (C) of this section times the | 17430 |
| greater of its formula ADM or three-year average formula ADM. | 17431 |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 17432 |
| (C) of this section, any student enrolled in kindergarten more | 17433 |
| than half time shall be reported as one-half student under this | 17434 |
| section. | 17435 |
| (A) The superintendent of each city and exempted village | 17436 |
| school district and of each educational service center shall, for | 17437 |
| the schools under the superintendent's supervision, certify to the | 17438 |
| state board of education on or before the fifteenth day of October | 17439 |
| in each year for the first full school week in October the formula | 17440 |
| ADM, which shall consist of the average daily membership during | 17441 |
| such week of the sum of the following: | 17442 |
| (1) On an FTE basis, the number of students in grades | 17443 |
| kindergarten through twelve receiving any educational services | 17444 |
| from the district, except that the following categories of | 17445 |
| students shall not be included in the determination: | 17446 |
| (a) Students enrolled in adult education classes; | 17447 |
| (b) Adjacent or other district students enrolled in the | 17448 |
| district under an open enrollment policy pursuant to section | 17449 |
| 3313.98 of the Revised Code; | 17450 |
| (c) Students receiving services in the district pursuant to a | 17451 |
| compact, cooperative education agreement, or a contract, but who | 17452 |
| are entitled to attend school in another district pursuant to | 17453 |
| section 3313.64 or 3313.65 of the Revised Code; | 17454 |
| (d) Students for whom tuition is payable pursuant to sections | 17455 |
| 3317.081 and 3323.141 of the Revised Code. | 17456 |
| (2) On an FTE basis, the number of students entitled to | 17457 |
| attend school in the district pursuant to section 3313.64 or | 17458 |
| 3313.65 of the Revised Code, but receiving educational services in | 17459 |
| grades kindergarten through twelve from one or more of the | 17460 |
| following entities: | 17461 |
| (a) A community school pursuant to Chapter 3314. of the | 17462 |
| Revised Code, including any participation in a college pursuant to | 17463 |
| Chapter 3365. of the Revised Code while enrolled in such community | 17464 |
| school; | 17465 |
| (b) An alternative school pursuant to sections 3313.974 to | 17466 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 17467 |
| (b) of this section; | 17468 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 17469 |
| except when the student is enrolled in the college while also | 17470 |
| enrolled in a community school pursuant to Chapter 3314. of the | 17471 |
| Revised Code; | 17472 |
| (d) An adjacent or other school district under an open | 17473 |
| enrollment policy adopted pursuant to section 3313.98 of the | 17474 |
| Revised Code; | 17475 |
| (e) An educational service center or cooperative education | 17476 |
| district; | 17477 |
| (f) Another school district under a cooperative education | 17478 |
| agreement, compact, or contract. | 17479 |
| (3) Twenty per cent of the number of students enrolled in a | 17480 |
| joint vocational school district or under a vocational education | 17481 |
| compact, excluding any students entitled to attend school in the | 17482 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 17483 |
| are enrolled in another school district through an open enrollment | 17484 |
| policy as reported under division (A)(2)(d) of this section and | 17485 |
| then enroll in a joint vocational school district or under a | 17486 |
| vocational education compact; | 17487 |
| (4) The number of handicapped children, other than | 17488 |
| handicapped preschool children, entitled to attend school in the | 17489 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 17490 |
| Code who are placed with a county MR/DD board, minus the number of | 17491 |
| such children placed with a county MR/DD board in fiscal year | 17492 |
| 1998. If this calculation produces a negative number, the number | 17493 |
| reported under division (A)(4) of this section shall be zero. | 17494 |
| (B) To enable the department of education to obtain the data | 17495 |
| needed to complete the calculation of payments pursuant to this | 17496 |
| chapter, in addition to the formula ADM, each superintendent shall | 17497 |
| report separately the following student counts: | 17498 |
| (1) The total average daily membership in regular day classes | 17499 |
| included in the report under division (A)(1) or (2) of this | 17500 |
| section for kindergarten, and each of grades one through twelve in | 17501 |
| schools under the superintendent's supervision; | 17502 |
| (2) The number of all handicapped preschool children enrolled | 17503 |
| as of the first day of December in classes in the district that | 17504 |
| are eligible for approval under division (B) of section 3317.05 of | 17505 |
| the Revised Code and the number of those classes, which shall be | 17506 |
| reported not later than the fifteenth day of December, in | 17507 |
| accordance with rules adopted under that section; | 17508 |
| (3) The number of children entitled to attend school in the | 17509 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 17510 |
| Code who are participating in a pilot project scholarship program | 17511 |
| established under sections 3313.974 to 3313.979 of the Revised | 17512 |
| Code as described in division (I)(2)(a) or (b) of this section, | 17513 |
| are enrolled in a college under Chapter 3365. of the Revised Code, | 17514 |
| except when the student is enrolled in the college while also | 17515 |
| enrolled in a community school pursuant to Chapter 3314. of the | 17516 |
| Revised Code, are enrolled in an adjacent or other school district | 17517 |
| under section 3313.98 of the Revised Code, are enrolled in a | 17518 |
| community school established under Chapter 3314. of the Revised | 17519 |
| Code, including any participation in a college pursuant to Chapter | 17520 |
| 3365. of the Revised Code while enrolled in such community school, | 17521 |
| or are participating in a program operated by a county MR/DD board | 17522 |
| or a state institution; | 17523 |
| (4) The number of pupils enrolled in joint vocational | 17524 |
| schools; | 17525 |
| (5) The average daily membership of handicapped children | 17526 |
| reported under division (A)(1) or (2) of this section receiving | 17527 |
| special education services for the category one handicap described | 17528 |
| in division (A) of section 3317.013 of the Revised Code; | 17529 |
| (6) The average daily membership of handicapped children | 17530 |
| reported under division (A)(1) or (2) of this section receiving | 17531 |
| special education services for category two handicaps described in | 17532 |
| division (B) of section 3317.013 of the Revised Code; | 17533 |
| (7) The average daily membership of handicapped children | 17534 |
| reported under division (A)(1) or (2) of this section receiving | 17535 |
| special education services for category three handicaps described | 17536 |
| in division (C) of section 3317.013 of the Revised Code; | 17537 |
| (8) The average daily membership of handicapped children | 17538 |
| reported under division (A)(1) or (2) of this section receiving | 17539 |
| special education services for category four handicaps described | 17540 |
| in division (D) of section 3317.013 of the Revised Code; | 17541 |
| (9) The average daily membership of handicapped children | 17542 |
| reported under division (A)(1) or (2) of this section receiving | 17543 |
| special education services for the category five handicap | 17544 |
| described in division (E) of section 3317.013 of the Revised Code; | 17545 |
| (10) The average daily membership of handicapped children | 17546 |
| reported under division (A)(1) or (2) of this section receiving | 17547 |
| special education services for category six handicaps described in | 17548 |
| division (F) of section 3317.013 of the Revised Code; | 17549 |
| (11) The average daily membership of pupils reported under | 17550 |
| division (A)(1) or (2) of this section enrolled in category one | 17551 |
| vocational education programs or classes, described in division | 17552 |
| (A) of section 3317.014 of the Revised Code, operated by the | 17553 |
| school district or by another district, other than a joint | 17554 |
| vocational school district, or by an educational service center; | 17555 |
| (12) The average daily membership of pupils reported under | 17556 |
| division (A)(1) or (2) of this section enrolled in category two | 17557 |
| vocational education programs or services, described in division | 17558 |
| (B) of section 3317.014 of the Revised Code, operated by the | 17559 |
| school district or another school district, other than a joint | 17560 |
| vocational school district, or by an educational service center; | 17561 |
| (13) The average number of children transported by the school | 17562 |
| district on board-owned or contractor-owned and -operated buses, | 17563 |
| reported in accordance with rules adopted by the department of | 17564 |
| education; | 17565 |
| (14)(a) The number of children, other than handicapped | 17566 |
| preschool children, the district placed with a county MR/DD board | 17567 |
| in fiscal year 1998; | 17568 |
| (b) The number of handicapped children, other than | 17569 |
| handicapped preschool children, placed with a county MR/DD board | 17570 |
| in the current fiscal year to receive special education services | 17571 |
| for the category one handicap described in division (A) of section | 17572 |
| 3317.013 of the Revised Code; | 17573 |
| (c) The number of handicapped children, other than | 17574 |
| handicapped preschool children, placed with a county MR/DD board | 17575 |
| in the current fiscal year to receive special education services | 17576 |
| for category two handicaps described in division (B) of section | 17577 |
| 3317.013 of the Revised Code; | 17578 |
| (d) The number of handicapped children, other than | 17579 |
| handicapped preschool children, placed with a county MR/DD board | 17580 |
| in the current fiscal year to receive special education services | 17581 |
| for category three handicaps described in division (C) of section | 17582 |
| 3317.013 of the Revised Code; | 17583 |
| (e) The number of handicapped children, other than | 17584 |
| handicapped preschool children, placed with a county MR/DD board | 17585 |
| in the current fiscal year to receive special education services | 17586 |
| for category four handicaps described in division (D) of section | 17587 |
| 3317.013 of the Revised Code; | 17588 |
| (f) The number of handicapped children, other than | 17589 |
| handicapped preschool children, placed with a county MR/DD board | 17590 |
| in the current fiscal year to receive special education services | 17591 |
| for the category five handicap described in division (E) of | 17592 |
| section 3317.013 of the Revised Code; | 17593 |
| (g) The number of handicapped children, other than | 17594 |
| handicapped preschool children, placed with a county MR/DD board | 17595 |
| in the current fiscal year to receive special education services | 17596 |
| for category six handicaps described in division (F) of section | 17597 |
| 3317.013 of the Revised Code. | 17598 |
| (C)(1) Except as otherwise provided in this section for | 17599 |
| kindergarten students, the average daily membership in divisions | 17600 |
| (B)(1) to (12) of this section shall be based upon the number of | 17601 |
| full-time equivalent students. The state board of education shall | 17602 |
| adopt rules defining full-time equivalent students and for | 17603 |
| determining the average daily membership therefrom for the | 17604 |
| purposes of divisions (A), (B), and (D) of this section. | 17605 |
| (2) A student enrolled in a community school established | 17606 |
| under Chapter 3314. of the Revised Code shall be counted in the | 17607 |
| formula ADM and, if applicable, the category one, two, three, | 17608 |
| four, five, or six special education ADM of the school district in | 17609 |
| which the student is entitled to attend school under section | 17610 |
| 3313.64 or 3313.65 of the Revised Code for the same proportion of | 17611 |
| the school year that the student is counted in the enrollment of | 17612 |
| the community school for purposes of section 3314.08 of the | 17613 |
| Revised Code. | 17614 |
| (3) No child shall be counted as more than a total of one | 17615 |
| child in the sum of the average daily memberships of a school | 17616 |
| district under division (A), divisions (B)(1) to (12), or division | 17617 |
| (D) of this section, except as follows: | 17618 |
| (a) A child with a handicap described in section 3317.013 of | 17619 |
| the Revised Code may be counted both in formula ADM and in | 17620 |
| category one, two, three, four, five, or six special education ADM | 17621 |
| and, if applicable, in category one or two vocational education | 17622 |
| ADM. As provided in division (C) of section 3317.02 of the Revised | 17623 |
| Code, such a child shall be counted in category one, two, three, | 17624 |
| four, five, or six special education ADM in the same proportion | 17625 |
| that the child is counted in formula ADM. | 17626 |
| (b) A child enrolled in vocational education programs or | 17627 |
| classes described in section 3317.014 of the Revised Code may be | 17628 |
| counted both in formula ADM and category one or two vocational | 17629 |
| education ADM and, if applicable, in category one, two, three, | 17630 |
| four, five, or six special education ADM. Such a child shall be | 17631 |
| counted in category one or two vocational education ADM in the | 17632 |
| same proportion as the percentage of time that the child spends in | 17633 |
| the vocational education programs or classes. | 17634 |
| (4) Based on the information reported under this section, the | 17635 |
| department of education shall determine the total student count, | 17636 |
| as defined in section 3301.011 of the Revised Code, for each | 17637 |
| school district. | 17638 |
| (D)(1) The superintendent of each joint vocational school | 17639 |
| district shall certify to the superintendent of public instruction | 17640 |
| on or before the fifteenth day of October in each year for the | 17641 |
| first full school week in October the formula ADM, which, except | 17642 |
| as otherwise provided in this division, shall consist of the | 17643 |
| average daily membership during such week, on an FTE basis, of the | 17644 |
| number of students receiving any educational services from the | 17645 |
| district, including students enrolled in a community school | 17646 |
| established under Chapter 3314. of the Revised Code who are | 17647 |
| attending the joint vocational district under an agreement between | 17648 |
| the district board of education and the governing authority of the | 17649 |
| community school and are entitled to attend school in a city, | 17650 |
| local, or exempted village school district whose territory is part | 17651 |
| of the territory of the joint vocational district. | 17652 |
| The following categories of students shall not be included in | 17653 |
| the determination made under division (D)(1) of this section: | 17654 |
| (a) Students enrolled in adult education classes; | 17655 |
| (b) Adjacent or other district joint vocational students | 17656 |
| enrolled in the district under an open enrollment policy pursuant | 17657 |
| to section 3313.98 of the Revised Code; | 17658 |
| (c) Students receiving services in the district pursuant to a | 17659 |
| compact, cooperative education agreement, or a contract, but who | 17660 |
| are entitled to attend school in a city, local, or exempted | 17661 |
| village school district whose territory is not part of the | 17662 |
| territory of the joint vocational district; | 17663 |
| (d) Students for whom tuition is payable pursuant to sections | 17664 |
| 3317.081 and 3323.141 of the Revised Code. | 17665 |
| (2) To enable the department of education to obtain the data | 17666 |
| needed to complete the calculation of payments pursuant to this | 17667 |
| chapter, in addition to the formula ADM, each superintendent shall | 17668 |
| report separately the average daily membership included in the | 17669 |
| report under division (D)(1) of this section for each of the | 17670 |
| following categories of students: | 17671 |
| (a) Students enrolled in each grade included in the joint | 17672 |
| vocational district schools; | 17673 |
| (b) Handicapped children receiving special education services | 17674 |
| for the category one handicap described in division (A) of section | 17675 |
| 3317.013 of the Revised Code; | 17676 |
| (c) Handicapped children receiving special education services | 17677 |
| for the category two handicaps described in division (B) of | 17678 |
| section 3317.013 of the Revised Code; | 17679 |
| (d) Handicapped children receiving special education services | 17680 |
| for category three handicaps described in division (C) of section | 17681 |
| 3317.013 of the Revised Code; | 17682 |
| (e) Handicapped children receiving special education services | 17683 |
| for category four handicaps described in division (D) of section | 17684 |
| 3317.013 of the Revised Code; | 17685 |
| (f) Handicapped children receiving special education services | 17686 |
| for the category five handicap described in division (E) of | 17687 |
| section 3317.013 of the Revised Code; | 17688 |
| (g) Handicapped children receiving special education services | 17689 |
| for category six handicaps described in division (F) of section | 17690 |
| 3317.013 of the Revised Code; | 17691 |
| (h) Students receiving category one vocational education | 17692 |
| services, described in division (A) of section 3317.014 of the | 17693 |
| Revised Code; | 17694 |
| (i) Students receiving category two vocational education | 17695 |
| services, described in division (B) of section 3317.014 of the | 17696 |
| Revised Code. | 17697 |
| The superintendent of each joint vocational school district | 17698 |
| shall also indicate the city, local, or exempted village school | 17699 |
| district in which each joint vocational district pupil is entitled | 17700 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 17701 |
| Revised Code. | 17702 |
| (E) In each school of each city, local, exempted village, | 17703 |
| joint vocational, and cooperative education school district there | 17704 |
| shall be maintained a record of school membership, which record | 17705 |
| shall accurately show, for each day the school is in session, the | 17706 |
| actual membership enrolled in regular day classes. For the purpose | 17707 |
| of determining average daily membership, the membership figure of | 17708 |
| any school shall not include any pupils except those pupils | 17709 |
| described by division (A) of this section. The record of | 17710 |
| membership for each school shall be maintained in such manner that | 17711 |
| no pupil shall be counted as in membership prior to the actual | 17712 |
| date of entry in the school and also in such manner that where for | 17713 |
| any cause a pupil permanently withdraws from the school that pupil | 17714 |
| shall not be counted as in membership from and after the date of | 17715 |
| such withdrawal. There shall not be included in the membership of | 17716 |
| any school any of the following: | 17717 |
| (1) Any pupil who has graduated from the twelfth grade of a | 17718 |
| public high school; | 17719 |
| (2) Any pupil who is not a resident of the state; | 17720 |
| (3) Any pupil who was enrolled in the schools of the district | 17721 |
| during the previous school year when tests were administered under | 17722 |
| section 3301.0711 of the Revised Code but did not take one or more | 17723 |
| of the tests required by that section and was not excused pursuant | 17724 |
| to division (C)(1) or (3) of that section; | 17725 |
| (4) Any pupil who has attained the age of twenty-two years, | 17726 |
| except for veterans of the armed services whose attendance was | 17727 |
| interrupted before completing the recognized twelve-year course of | 17728 |
| the public schools by reason of induction or enlistment in the | 17729 |
| armed forces and who apply for reenrollment in the public school | 17730 |
| system of their residence not later than four years after | 17731 |
| termination of war or their honorable discharge. | 17732 |
| If, however, any veteran described by division (E)(4) of this | 17733 |
| section elects to enroll in special courses organized for veterans | 17734 |
| for whom tuition is paid under the provisions of federal laws, or | 17735 |
| otherwise, that veteran shall not be included in average daily | 17736 |
| membership. | 17737 |
| Notwithstanding division (E)(3) of this section, the | 17738 |
| membership of any school may include a pupil who did not take a | 17739 |
| test required by section 3301.0711 of the Revised Code if the | 17740 |
| superintendent of public instruction grants a waiver from the | 17741 |
| requirement to take the test to the specific pupil. The | 17742 |
| superintendent may grant such a waiver only for good cause in | 17743 |
| accordance with rules adopted by the state board of education. | 17744 |
| Except as provided in divisions (B)(2) and (F) of this | 17745 |
| section, the average daily membership figure of any local, city, | 17746 |
| exempted village, or joint vocational school district shall be | 17747 |
| determined by dividing the figure representing the sum of the | 17748 |
| number of pupils enrolled during each day the school of attendance | 17749 |
| is actually open for instruction during the first full school week | 17750 |
| in October by the total number of days the school was actually | 17751 |
| open for instruction during that week. For purposes of state | 17752 |
| funding, "enrolled" persons are only those pupils who are | 17753 |
| attending school, those who have attended school during the | 17754 |
| current school year and are absent for authorized reasons, and | 17755 |
| those handicapped children currently receiving home instruction. | 17756 |
| The average daily membership figure of any cooperative | 17757 |
| education school district shall be determined in accordance with | 17758 |
| rules adopted by the state board of education. | 17759 |
| (F)(1) If the formula ADM for the first full school week in | 17760 |
| February is at least three per cent greater than that certified | 17761 |
| for the first full school week in the preceding October, the | 17762 |
| superintendent of schools of any city, exempted village, or joint | 17763 |
| vocational school district or educational service center shall | 17764 |
| certify such increase to the superintendent of public instruction. | 17765 |
| Such certification shall be submitted no later than the fifteenth | 17766 |
| day of February. For the balance of the fiscal year, beginning | 17767 |
| with the February payments, the superintendent of public | 17768 |
| instruction shall use the increased formula ADM in calculating or | 17769 |
| recalculating the amounts to be allocated in accordance with | 17770 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 17771 |
| the superintendent use an increased membership certified to the | 17772 |
| superintendent after the fifteenth day of February. | 17773 |
| (2) If on the first school day of April the total number of | 17774 |
| classes or units for handicapped preschool children that are | 17775 |
| eligible for approval under division (B) of section 3317.05 of the | 17776 |
| Revised Code exceeds the number of units that have been approved | 17777 |
| for the year under that division, the superintendent of schools of | 17778 |
| any city, exempted village, or cooperative education school | 17779 |
| district or educational service center shall make the | 17780 |
| certifications required by this section for that day. If the | 17781 |
| department determines additional units can be approved for the | 17782 |
| fiscal year within any limitations set forth in the acts | 17783 |
| appropriating moneys for the funding of such units, the department | 17784 |
| shall approve additional units for the fiscal year on the basis of | 17785 |
| such average daily membership. For each unit so approved, the | 17786 |
| department shall pay an amount computed in the manner prescribed | 17787 |
| in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 17788 |
| Code. | 17789 |
| (3) If a student attending a community school under Chapter | 17790 |
| 3314. of the Revised Code is not included in the formula ADM | 17791 |
| certified for the first full school week of October for the school | 17792 |
| district in which the student is entitled to attend school under | 17793 |
| section 3313.64 or 3313.65 of the Revised Code, the department of | 17794 |
| education shall adjust the formula ADM of that school district to | 17795 |
| include the community school student in accordance with division | 17796 |
| (C)(2) of this section, and shall recalculate the school | 17797 |
| district's payments under this chapter for the entire fiscal year | 17798 |
| on the basis of that adjusted formula ADM. This requirement | 17799 |
| applies regardless of whether the student was enrolled, as defined | 17800 |
| in division (E) of this section, in the community school during | 17801 |
| the first full school week in October. | 17802 |
| (G)(1)(a) The superintendent of an institution operating a | 17803 |
| special education program pursuant to section 3323.091 of the | 17804 |
| Revised Code shall, for the programs under such superintendent's | 17805 |
|
supervision,
certify to the state board of education | 17806 |
| manner prescribed by the superintendent of public instruction, | 17807 |
| both of the following: | 17808 |
| (i) The average daily membership of all handicapped children | 17809 |
| other than handicapped preschool children receiving services at | 17810 |
| the institution for each category of handicap described in | 17811 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 17812 |
| (ii) The average daily membership of all handicapped | 17813 |
| preschool children in classes or programs approved annually by the | 17814 |
| department of education | 17815 |
| 17816 | |
| section 3317.05 of the Revised Code. | 17817 |
| (b) The superintendent of an institution with vocational | 17818 |
| education units approved under division (A) of section 3317.05 of | 17819 |
| the Revised Code shall, for the units under the superintendent's | 17820 |
| supervision, certify to the state board of education the average | 17821 |
| daily membership in those units, in the manner prescribed by the | 17822 |
| superintendent of public instruction. | 17823 |
| (2) The superintendent of each county MR/DD board that | 17824 |
| maintains special education classes under section 3317.20 of the | 17825 |
| Revised Code or units approved pursuant to section 3317.05 of the | 17826 |
| Revised Code shall do both of the following: | 17827 |
| (a) Certify to the state board, in the manner prescribed by | 17828 |
| the board, the average daily membership in classes under section | 17829 |
| 3317.20 of the Revised Code for each school district that has | 17830 |
| placed children in the classes; | 17831 |
| (b) Certify to the state board, in the manner prescribed by | 17832 |
| the board, the number of all handicapped preschool children | 17833 |
| enrolled as of the first day of December in classes eligible for | 17834 |
| approval under division (B) of section 3317.05 of the Revised | 17835 |
| Code, and the number of those classes. | 17836 |
| (3)(a) If on the first school day of April the number of | 17837 |
| classes or units maintained for handicapped preschool children by | 17838 |
| the county MR/DD board that are eligible for approval under | 17839 |
| division (B) of section 3317.05 of the Revised Code is greater | 17840 |
| than the number of units approved for the year under that | 17841 |
| division, the superintendent shall make the certification required | 17842 |
| by this section for that day. | 17843 |
| (b) If the department determines that additional classes or | 17844 |
| units can be approved for the fiscal year within any limitations | 17845 |
| set forth in the acts appropriating moneys for the funding of the | 17846 |
| classes and units described in division (G)(3)(a) of this section, | 17847 |
| the department shall approve and fund additional units for the | 17848 |
| fiscal year on the basis of such average daily membership. For | 17849 |
| each unit so approved, the department shall pay an amount computed | 17850 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 17851 |
| Revised Code. | 17852 |
| (H) Except as provided in division (I) of this section, when | 17853 |
| any city, local, or exempted village school district provides | 17854 |
| instruction for a nonresident pupil whose attendance is | 17855 |
| unauthorized attendance as defined in section 3327.06 of the | 17856 |
| Revised Code, that pupil's membership shall not be included in | 17857 |
| that district's membership figure used in the calculation of that | 17858 |
| district's formula ADM or included in the determination of any | 17859 |
| unit approved for the district under section 3317.05 of the | 17860 |
| Revised Code. The reporting official shall report separately the | 17861 |
| average daily membership of all pupils whose attendance in the | 17862 |
| district is unauthorized attendance, and the membership of each | 17863 |
| such pupil shall be credited to the school district in which the | 17864 |
| pupil is entitled to attend school under division (B) of section | 17865 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 17866 |
| the department of education. | 17867 |
| (I)(1) A city, local, exempted village, or joint vocational | 17868 |
| school district admitting a scholarship student of a pilot project | 17869 |
| district pursuant to division (C) of section 3313.976 of the | 17870 |
| Revised Code may count such student in its average daily | 17871 |
| membership. | 17872 |
| (2) In any year for which funds are appropriated for pilot | 17873 |
| project scholarship programs, a school district implementing a | 17874 |
| state-sponsored pilot project scholarship program that year | 17875 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 17876 |
| count in average daily membership: | 17877 |
| (a) All children residing in the district and utilizing a | 17878 |
| scholarship to attend kindergarten in any alternative school, as | 17879 |
| defined in section 3313.974 of the Revised Code; | 17880 |
| (b) All children who were enrolled in the district in the | 17881 |
| preceding year who are utilizing a scholarship to attend any such | 17882 |
| alternative school. | 17883 |
| (J) The superintendent of each cooperative education school | 17884 |
| district shall certify to the superintendent of public | 17885 |
| instruction, in a manner prescribed by the state board of | 17886 |
| education, the applicable average daily memberships for all | 17887 |
| students in the cooperative education district, also indicating | 17888 |
| the city, local, or exempted village district where each pupil is | 17889 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 17890 |
| Revised Code. | 17891 |
| Sec. 3317.05. (A) For the purpose of calculating payments | 17892 |
| under sections 3317.052 and 3317.053 of the Revised Code, the | 17893 |
| department of education shall determine for each institution, by | 17894 |
| the last day of January of each year and based on information | 17895 |
| certified under section 3317.03 of the Revised Code, the number of | 17896 |
| vocational education units or fractions of units approved by the | 17897 |
| department on the basis of standards and rules adopted by the | 17898 |
| state board of education. As used in this division, "institution" | 17899 |
| means an institution operated by a department specified in section | 17900 |
| 3323.091 of the Revised Code and that provides vocational | 17901 |
| education programs under the supervision of the division of | 17902 |
| vocational education of the department that meet the standards and | 17903 |
| rules for these programs, including licensure of professional | 17904 |
| staff involved in the programs, as established by the state board. | 17905 |
| (B) For the purpose of calculating payments under sections | 17906 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 17907 |
| department shall determine, based on information certified under | 17908 |
| section 3317.03 of the Revised Code, the following by the last day | 17909 |
| of January of each year for each educational service center, for | 17910 |
| each school district, including each cooperative education school | 17911 |
| district, for each institution eligible for payment under section | 17912 |
| 3323.091 of the Revised Code, and for each county MR/DD board: the | 17913 |
| number of classes operated by the school district, service center, | 17914 |
| institution, or county MR/DD board for handicapped preschool | 17915 |
| children, or fraction thereof, including in the case of a district | 17916 |
| or service center that is a funding agent, classes taught by a | 17917 |
| licensed teacher employed by that district or service center under | 17918 |
| section 3313.841 of the Revised Code, approved annually by the | 17919 |
| department on the basis of standards and rules adopted by the | 17920 |
| state board. | 17921 |
| (C) For the purpose of calculating payments under sections | 17922 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 17923 |
| department shall determine, based on information certified under | 17924 |
| section 3317.03 of the Revised Code, the following by the last day | 17925 |
| of January of each year for each school district, including each | 17926 |
| cooperative education school district, for each institution | 17927 |
| eligible for payment under section 3323.091 of the Revised Code, | 17928 |
| and for each county MR/DD board: the number of preschool | 17929 |
| handicapped related services units for child study, occupational, | 17930 |
| physical, or speech and hearing therapy, special education | 17931 |
| supervisors, and special education coordinators approved annually | 17932 |
| by the department on the basis of standards and rules adopted by | 17933 |
| the state board. | 17934 |
| (D) | 17935 |
| 17936 | |
| 17937 | |
| 17938 | |
| 17939 | |
| 17940 |
| | 17941 |
| 17942 | |
| 17943 | |
| 17944 |
| | 17945 |
| 17946 | |
| 17947 | |
| 17948 | |
| 17949 | |
| 17950 |
| | 17951 |
| section shall be carried to the second decimal place. The total | 17952 |
| number of units for school districts, service centers, and | 17953 |
| institutions approved annually under this section shall not exceed | 17954 |
| the number of units included in the estimate of cost for these | 17955 |
| units and appropriations made for them by the general assembly. | 17956 |
| | 17957 |
| 17958 | |
| 17959 | |
| 17960 | |
| 17961 | |
| 17962 | |
| 17963 | |
| 17964 | |
| 17965 | |
| case of handicapped preschool units described in division (B) of | 17966 |
| this section, the department shall approve only preschool units | 17967 |
| for children who are under age six but not less than age three on | 17968 |
| the first day of December of the academic year, except that such a | 17969 |
| unit may include one or more children who are under age three or | 17970 |
| are age six or over on the first day of December, as reported | 17971 |
| under division (B)(2) or (G)(2)(b) of section 3317.03 of the | 17972 |
| Revised Code, if such children have been admitted to the unit | 17973 |
| pursuant to rules of the state board. The number of units for | 17974 |
| county MR/DD boards and institutions eligible for payment under | 17975 |
| section 3323.091 of the Revised Code approved under this section | 17976 |
| shall not exceed the number that can be funded with appropriations | 17977 |
| made for such purposes by the general assembly. | 17978 |
| No unit shall be approved under divisions (B)
| 17979 |
| of this section unless a plan has been submitted and approved | 17980 |
| under Chapter 3323. of the Revised Code. | 17981 |
| | 17982 |
| thereof for gifted children on the basis of standards and rules | 17983 |
| adopted by the state board. | 17984 |
| Sec. 3317.052. As used in this section, "institution" means | 17985 |
| an institution operated by a department specified in division (A) | 17986 |
| of section 3323.091 of the Revised Code. | 17987 |
| (A)(1) The department of education shall pay each school | 17988 |
| district, educational service center, institution eligible for | 17989 |
| payment under section 3323.091 of the Revised Code, or county | 17990 |
| MR/DD board an amount for the total of all classroom units for | 17991 |
| handicapped preschool children approved under division (B) of | 17992 |
| section 3317.05 of the Revised Code. For each unit, the amount | 17993 |
| shall be the sum of the minimum salary for the teacher of the | 17994 |
| unit, calculated on the basis of the teacher's training level and | 17995 |
| years of experience pursuant to the salary schedule prescribed in | 17996 |
| the version of section 3317.13 of the Revised Code in effect prior | 17997 |
|
to
| 17998 |
| per cent of that minimum salary amount, and eight thousand | 17999 |
| twenty-three dollars. | 18000 |
| (2) The department shall pay each school district, | 18001 |
| educational service center, institution eligible for payment under | 18002 |
| section 3323.091 of the Revised Code, or county MR/DD board an | 18003 |
| amount for the total of all related services units for handicapped | 18004 |
| preschool children approved under division (C) of section 3317.05 | 18005 |
| of the Revised Code. For each such unit, the amount shall be the | 18006 |
| sum of the minimum salary for the teacher of the unit calculated | 18007 |
| on the basis of the teacher's training level and years of | 18008 |
| experience pursuant to the salary schedule prescribed in the | 18009 |
| version of section 3317.13 of the Revised Code in effect prior to | 18010 |
| 18011 | |
| cent of that minimum salary amount, and two thousand one hundred | 18012 |
| thirty-two dollars. | 18013 |
| (B) If a school district, educational service center, or | 18014 |
| county MR/DD board has had additional handicapped preschool units | 18015 |
| approved for the year under division (F)(2) or (G)(3) of section | 18016 |
| 3317.03 of the Revised Code, the district, educational service | 18017 |
| center, or board shall receive an additional amount during the | 18018 |
| last half of the fiscal year. For each district, center, or board, | 18019 |
| the additional amount for each unit shall equal fifty per cent of | 18020 |
| the amounts computed for the unit in the manner prescribed by | 18021 |
| division (A) of this section and division (C) of section 3317.053 | 18022 |
| of the Revised Code. | 18023 |
| (C) | 18024 |
| 18025 | |
| 18026 | |
| 18027 | |
| 18028 | |
| 18029 | |
| 18030 | |
| 18031 | |
| 18032 | |
| 18033 | |
| 18034 |
| | 18035 |
| 18036 | |
| 18037 | |
| 18038 | |
| 18039 | |
| 18040 | |
| 18041 | |
| 18042 | |
| 18043 | |
| 18044 | |
| 18045 |
| | 18046 |
| vocational education units under division (A) of section 3317.05 | 18047 |
| of the Revised Code an amount for the total of all the units | 18048 |
| approved under that division. The amount for each unit shall be | 18049 |
| the sum of the minimum salary for the teacher of the unit, | 18050 |
| calculated on the basis of the teacher's training level and years | 18051 |
| of experience pursuant to the salary schedule prescribed in the | 18052 |
| version of section 3317.13 of the Revised Code in effect prior to | 18053 |
| 18054 | |
| per cent of that minimum salary amount, and nine thousand five | 18055 |
| hundred ten dollars. | 18056 |
| Sec. 3317.053. (A) As used in this section: | 18057 |
| (1) "State share percentage" has the same meaning as in | 18058 |
| section 3317.022 of the Revised Code. | 18059 |
| (2) "Dollar amount" means the amount shown in the following | 18060 |
| table for the corresponding type of unit: | 18061 |
| TYPE OF UNIT | DOLLAR AMOUNT | 18062 | |||
| Division (B) of section 3317.05 | 18063 | ||||
| of the Revised Code | $8,334 | 18064 | |||
| Division (C) of that section | $3,234 | 18065 | |||
| Division |
$5,550 | 18066 |
| (3) "Average unit amount" means the amount shown in the | 18067 |
| following table for the corresponding type of unit: | 18068 |
| 18069 | |||||
| TYPE OF UNIT | AVERAGE UNIT AMOUNT | 18070 | |||
| Division (B) of section 3317.05 | 18071 | ||||
| of the Revised Code | $7,799 | 18072 | |||
| Division (C) of that section | $2,966 | 18073 | |||
| Division |
$5,251 | 18074 |
| (B) In the case of each unit described in division (B), (C), | 18075 |
|
or | 18076 |
| a city, local, or exempted village school district, the department | 18077 |
| of education, in addition to the amounts specified in division (P) | 18078 |
| of section 3317.024 and sections 3317.052 and 3317.19 of the | 18079 |
| Revised Code, shall pay a supplemental unit allowance equal to the | 18080 |
| sum of the following amounts: | 18081 |
| (1) An amount equal to 50% of the average unit amount for the | 18082 |
| unit; | 18083 |
| (2) An amount equal to the percentage of the dollar amount | 18084 |
| for the unit that equals the district's state share percentage. | 18085 |
| If, prior to the fifteenth day of May of a fiscal year, a | 18086 |
| school district's aid computed under section 3317.022 of the | 18087 |
| Revised Code is recomputed pursuant to section 3317.027 or | 18088 |
| 3317.028 of the Revised Code, the department shall also recompute | 18089 |
| the district's entitlement to payment under this section utilizing | 18090 |
| a new state share percentage. Such new state share percentage | 18091 |
| shall be determined using the district's recomputed basic aid | 18092 |
| amount pursuant to section 3317.027 or 3317.028 of the Revised | 18093 |
| Code. During the last six months of the fiscal year, the | 18094 |
| department shall pay the district a sum equal to one-half of the | 18095 |
| recomputed payment in lieu of one-half the payment otherwise | 18096 |
| calculated under this section. | 18097 |
| (C)(1) In the case of each unit allocated to an institution | 18098 |
| pursuant to division (A) of section 3317.05 of the Revised Code, | 18099 |
| the department, in addition to the amount specified in section | 18100 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 18101 |
| allowance of $7,227. | 18102 |
| (2) In the case of each unit described in division (B) | 18103 |
| 18104 | |
| any entity other than a city, exempted village, or local school | 18105 |
| district, the department, in addition to the amount specified in | 18106 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 18107 |
| unit allowance of $7,799. | 18108 |
| (3) In the case of each unit described in division (C)
| 18109 |
| 18110 | |
| entity other than a city, exempted village, or local school | 18111 |
| district, the department, in addition to the amounts specified in | 18112 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 18113 |
| unit allowance of $2,966. | 18114 |
| (4) In the case of each unit described in division | 18115 |
| section 3317.05 of the Revised Code and allocated to an | 18116 |
| educational service center, the department, in addition to the | 18117 |
| amounts specified in division (P) of section 3317.024 of the | 18118 |
| Revised Code, shall pay a supplemental unit allowance of $5,251. | 18119 |
| Sec. 3317.06. Moneys paid to school districts under division | 18120 |
| (L) of section 3317.024 of the Revised Code shall be used for the | 18121 |
| following independent and fully severable purposes: | 18122 |
| (A) To purchase such secular textbooks or electronic | 18123 |
| textbooks as have been approved by the superintendent of public | 18124 |
| instruction for use in public schools in the state and to loan | 18125 |
| such textbooks or electronic textbooks to pupils attending | 18126 |
| nonpublic schools within the district or to their parents and to | 18127 |
| hire clerical personnel to administer such lending program. Such | 18128 |
| loans shall be based upon individual requests submitted by such | 18129 |
| nonpublic school pupils or parents. Such requests shall be | 18130 |
| submitted to the school district in which the nonpublic school is | 18131 |
| located. Such individual requests for the loan of textbooks or | 18132 |
| electronic textbooks shall, for administrative convenience, be | 18133 |
| submitted by the nonpublic school pupil or the pupil's parent to | 18134 |
| the nonpublic school, which shall prepare and submit collective | 18135 |
| summaries of the individual requests to the school district. As | 18136 |
| used in this section: | 18137 |
| (1) "Textbook" means any book or book substitute that a pupil | 18138 |
| uses as a consumable or nonconsumable text, text substitute, or | 18139 |
| text supplement in a particular class or program in the school the | 18140 |
| pupil regularly attends. | 18141 |
| (2) "Electronic textbook" means computer software, | 18142 |
| interactive videodisc, magnetic media, CD-ROM, computer | 18143 |
| courseware, local and remote computer assisted instruction, | 18144 |
| on-line service, electronic medium, or other means of conveying | 18145 |
| information to the student or otherwise contributing to the | 18146 |
| learning process through electronic means. | 18147 |
| (B) To provide speech and hearing diagnostic services to | 18148 |
| pupils attending nonpublic schools within the district. Such | 18149 |
| service shall be provided in the nonpublic school attended by the | 18150 |
| pupil receiving the service. | 18151 |
| (C) To provide physician, nursing, dental, and optometric | 18152 |
| services to pupils attending nonpublic schools within the | 18153 |
| district. Such services shall be provided in the school attended | 18154 |
| by the nonpublic school pupil receiving the service. | 18155 |
| (D) To provide diagnostic psychological services to pupils | 18156 |
| attending nonpublic schools within the district. Such services | 18157 |
| shall be provided in the school attended by the pupil receiving | 18158 |
| the service. | 18159 |
| (E) To provide therapeutic psychological and speech and | 18160 |
| hearing services to pupils attending nonpublic schools within the | 18161 |
| district. Such services shall be provided in the public school, in | 18162 |
| nonpublic schools, in public centers, or in mobile units located | 18163 |
| on or off of the nonpublic premises. If such services are provided | 18164 |
| in the public school or in public centers, transportation to and | 18165 |
| from such facilities shall be provided by the school district in | 18166 |
| which the nonpublic school is located. | 18167 |
| (F) To provide guidance and counseling services to pupils | 18168 |
| attending nonpublic schools within the district. Such services | 18169 |
| shall be provided in the public school, in nonpublic schools, in | 18170 |
| public centers, or in mobile units located on or off of the | 18171 |
| nonpublic premises. If such services are provided in the public | 18172 |
| school or in public centers, transportation to and from such | 18173 |
| facilities shall be provided by the school district in which the | 18174 |
| nonpublic school is located. | 18175 |
| (G) To provide remedial services to pupils attending | 18176 |
| nonpublic schools within the district. Such services shall be | 18177 |
| provided in the public school, in nonpublic schools, in public | 18178 |
| centers, or in mobile units located on or off of the nonpublic | 18179 |
| premises. If such services are provided in the public school or in | 18180 |
| public centers, transportation to and from such facilities shall | 18181 |
| be provided by the school district in which the nonpublic school | 18182 |
| is located. | 18183 |
| (H) To supply for use by pupils attending nonpublic schools | 18184 |
| within the district such standardized tests and scoring services | 18185 |
| as are in use in the public schools of the state; | 18186 |
| (I) To provide programs for children who attend nonpublic | 18187 |
| schools within the district and are handicapped children as | 18188 |
| defined in division (A) of section 3323.01 of the Revised Code or | 18189 |
| gifted children. Such programs shall be provided in the public | 18190 |
| school, in nonpublic schools, in public centers, or in mobile | 18191 |
| units located on or off of the nonpublic premises. If such | 18192 |
| programs are provided in the public school or in public centers, | 18193 |
| transportation to and from such facilities shall be provided by | 18194 |
| the school district in which the nonpublic school is located. | 18195 |
| (J) To hire clerical personnel to assist in the | 18196 |
| administration of programs pursuant to divisions (B), (C), (D), | 18197 |
| (E), (F), (G), and (I) of this section and to hire supervisory | 18198 |
| personnel to supervise the providing of services and textbooks | 18199 |
| pursuant to this section. | 18200 |
| (K) To purchase or lease any secular, neutral, and | 18201 |
| nonideological computer software (including site-licensing), | 18202 |
| prerecorded video laserdiscs, digital video on demand (DVD), | 18203 |
| compact discs, and video cassette cartridges, wide area | 18204 |
| connectivity and related technology as it relates to internet | 18205 |
| access, mathematics or science equipment and materials, | 18206 |
| instructional materials, and school library materials that are in | 18207 |
| general use in the public schools of the state and loan such items | 18208 |
| to pupils attending nonpublic schools within the district or to | 18209 |
| their parents, and to hire clerical personnel to administer the | 18210 |
| lending program. Only such items that are incapable of diversion | 18211 |
| to religious use and that are susceptible of loan to individual | 18212 |
| pupils and are furnished for the use of individual pupils shall be | 18213 |
| purchased and loaned under this division. As used in this section, | 18214 |
| "instructional materials" means prepared learning materials that | 18215 |
| are secular, neutral, and nonideological in character and are of | 18216 |
| benefit to the instruction of school children, and may include | 18217 |
| educational resources and services developed by the agency | 18218 |
| designated by the governor to assume the functions of the Ohio | 18219 |
| schoolnet commission. | 18220 |
| (L) To purchase or lease instructional equipment, including | 18221 |
| computer hardware and related equipment in general use in the | 18222 |
| public schools of the state, for use by pupils attending nonpublic | 18223 |
| schools within the district and to loan such items to pupils | 18224 |
| attending nonpublic schools within the district or to their | 18225 |
| parents, and to hire clerical personnel to administer the lending | 18226 |
| program. | 18227 |
| (M) To purchase mobile units to be used for the provision of | 18228 |
| services pursuant to divisions (E), (F), (G), and (I) of this | 18229 |
| section and to pay for necessary repairs and operating costs | 18230 |
| associated with these units. | 18231 |
| Clerical and supervisory personnel hired pursuant to division | 18232 |
| (J) of this section shall perform their services in the public | 18233 |
| schools, in nonpublic schools, public centers, or mobile units | 18234 |
| where the services are provided to the nonpublic school pupil, | 18235 |
| except that such personnel may accompany pupils to and from the | 18236 |
| service sites when necessary to ensure the safety of the children | 18237 |
| receiving the services. | 18238 |
| All services provided pursuant to this section may be | 18239 |
| provided under contract with educational service centers, the | 18240 |
| department of health, city or general health districts, or private | 18241 |
| agencies whose personnel are properly licensed by an appropriate | 18242 |
| state board or agency. | 18243 |
| Transportation of pupils provided pursuant to divisions (E), | 18244 |
| (F), (G), and (I) of this section shall be provided by the school | 18245 |
| district from its general funds and not from moneys paid to it | 18246 |
| under division (L) of section 3317.024 of the Revised Code unless | 18247 |
| a special transportation request is submitted by the parent of the | 18248 |
| child receiving service pursuant to such divisions. If such an | 18249 |
| application is presented to the school district, it may pay for | 18250 |
| the transportation from moneys paid to it under division (L) of | 18251 |
| section 3317.024 of the Revised Code. | 18252 |
| No school district shall provide health or remedial services | 18253 |
| to nonpublic school pupils as authorized by this section unless | 18254 |
| such services are available to pupils attending the public schools | 18255 |
| within the district. | 18256 |
| Materials, equipment, computer hardware or software, | 18257 |
| textbooks, electronic textbooks, and health and remedial services | 18258 |
| provided for the benefit of nonpublic school pupils pursuant to | 18259 |
| this section and the admission of pupils to such nonpublic schools | 18260 |
| shall be provided without distinction as to race, creed, color, or | 18261 |
| national origin of such pupils or of their teachers. | 18262 |
| No school district shall provide services, materials, or | 18263 |
| equipment that contain religious content for use in religious | 18264 |
| courses, devotional exercises, religious training, or any other | 18265 |
| religious activity. | 18266 |
| As used in this section, "parent" includes a person standing | 18267 |
| in loco parentis to a child. | 18268 |
| Notwithstanding section 3317.01 of the Revised Code, payments | 18269 |
| shall be made under this section to any city, local, or exempted | 18270 |
| village school district within which is located one or more | 18271 |
| nonpublic elementary or high schools and any payments made to | 18272 |
| school districts under division (L) of section 3317.024 of the | 18273 |
| Revised Code for purposes of this section may be disbursed without | 18274 |
| submission to and approval of the controlling board. | 18275 |
| The allocation of payments for materials, equipment, | 18276 |
| textbooks, electronic textbooks, health services, and remedial | 18277 |
| services to city, local, and exempted village school districts | 18278 |
| shall be on the basis of the state board of education's estimated | 18279 |
| annual average daily membership in nonpublic elementary and high | 18280 |
| schools located in the district. | 18281 |
| Payments made to city, local, and exempted village school | 18282 |
| districts under this section shall be equal to specific | 18283 |
| appropriations made for the purpose. All interest earned by a | 18284 |
| school district on such payments shall be used by the district for | 18285 |
| the same purposes and in the same manner as the payments may be | 18286 |
| used. | 18287 |
| The department of education shall adopt guidelines and | 18288 |
| procedures under which such programs and services shall be | 18289 |
| provided, under which districts shall be reimbursed for | 18290 |
| administrative costs incurred in providing such programs and | 18291 |
| services, and under which any unexpended balance of the amounts | 18292 |
| appropriated by the general assembly to implement this section may | 18293 |
| be transferred to the auxiliary services personnel unemployment | 18294 |
| compensation fund established pursuant to section 4141.47 of the | 18295 |
| Revised Code. The department shall also adopt guidelines and | 18296 |
| procedures limiting the purchase and loan of the items described | 18297 |
| in division (K) of this section to items that are in general use | 18298 |
| in the public schools of the state, that are incapable of | 18299 |
| diversion to religious use, and that are susceptible to individual | 18300 |
| use rather than classroom use. Within thirty days after the end of | 18301 |
| each biennium, each board of education shall remit to the | 18302 |
| department all moneys paid to it under division (L) of section | 18303 |
| 3317.024 of the Revised Code and any interest earned on those | 18304 |
| moneys that are not required to pay expenses incurred under this | 18305 |
| section during the biennium for which the money was appropriated | 18306 |
| and during which the interest was earned. If a board of education | 18307 |
| subsequently determines that the remittal of moneys leaves the | 18308 |
| board with insufficient money to pay all valid expenses incurred | 18309 |
| under this section during the biennium for which the remitted | 18310 |
| money was appropriated, the board may apply to the department of | 18311 |
| education for a refund of money, not to exceed the amount of the | 18312 |
| insufficiency. If the department determines the expenses were | 18313 |
| lawfully incurred and would have been lawful expenditures of the | 18314 |
| refunded money, it shall certify its determination and the amount | 18315 |
| of the refund to be made to the director of job and family | 18316 |
| services who shall make a refund as provided in section 4141.47 of | 18317 |
| the Revised Code. | 18318 |
| Sec. 3317.081. (A) Tuition shall be computed in accordance | 18319 |
| with this section if: | 18320 |
| (1) The tuition is required by division (C)(3)(b) of section | 18321 |
| 3313.64 of the Revised Code; or | 18322 |
| (2) Neither the child nor the child's parent resides in this | 18323 |
| state and tuition is required by section 3327.06 of the Revised | 18324 |
| Code. | 18325 |
| (B) Tuition computed in accordance with this section shall | 18326 |
| equal the attendance district's tuition rate computed under | 18327 |
| section 3317.08 of the Revised Code plus the amount that district | 18328 |
| would have received for the child pursuant to sections 3317.022, | 18329 |
| 3317.023, and 3317.025 to
| 18330 |
| during the school year had the attendance district been authorized | 18331 |
| to count the child in its formula ADM for that school year under | 18332 |
| section 3317.03 of the Revised Code. | 18333 |
| Sec. 3317.10. (A) On or before the first day of March of | 18334 |
| each year, the department of job and family services shall certify | 18335 |
| to the state board of education the unduplicated number of | 18336 |
| children ages five through seventeen residing in each school | 18337 |
| district and living in a family that, during the preceding | 18338 |
| October, had family income not exceeding the federal poverty | 18339 |
| guidelines as defined in section 5101.46 of the Revised Code and | 18340 |
| participated in one of the following: | 18341 |
| (1) Ohio works first; | 18342 |
| (2) The food stamp program; | 18343 |
| (3) The medical assistance program, including the healthy | 18344 |
| start program, established under Chapter 5111. of the Revised | 18345 |
| Code; | 18346 |
| (4) The children's health insurance program part I | 18347 |
| established under section 5101.50 of the Revised Code; | 18348 |
| (5) The disability financial assistance program established | 18349 |
| under
Chapter 5115. of the Revised Code | 18350 |
| | 18351 |
| 18352 |
| The department of job and family services shall certify this | 18353 |
| information according to the school district of residence for each | 18354 |
| child. Except as provided under division (B) of this section, the | 18355 |
| number of children so certified in any year shall be used by the | 18356 |
| department of education in calculating the distribution of moneys | 18357 |
| for the ensuing fiscal year as provided in section 3317.029 of the | 18358 |
| Revised Code. | 18359 |
| (B) Upon the transfer of part of the territory of one school | 18360 |
| district to the territory of one or more other school districts, | 18361 |
| the department of education may adjust the number of children | 18362 |
| certified under division (A) of this section for any district | 18363 |
| gaining or losing territory in such a transfer in order to take | 18364 |
| into account the effect of the transfer on the number of such | 18365 |
| children who reside in the district. Within sixty days of receipt | 18366 |
| of a request for information from the department of education, the | 18367 |
| department of job and family services shall provide any | 18368 |
| information the department of education determines is necessary to | 18369 |
| make such adjustments. The department of education may use the | 18370 |
| adjusted number for any district for the applicable fiscal year, | 18371 |
| in lieu of the number certified for the district for that fiscal | 18372 |
| year under division (A) of this section, in the calculation of the | 18373 |
| distribution of moneys provided in section 3317.029 of the Revised | 18374 |
| Code. | 18375 |
| Sec. 3317.16. (A) As used in this section: | 18376 |
| (1) "State share percentage" means the percentage calculated | 18377 |
| for a joint vocational school district as follows: | 18378 |
| (a) Calculate the state base cost funding amount for the | 18379 |
| district under division (B) of this section. If the district would | 18380 |
| not receive any base cost funding for that year under that | 18381 |
| division, the district's state share percentage is zero. | 18382 |
| (b) If the district would receive base cost funding under | 18383 |
| that division, divide that base cost amount by an amount equal to | 18384 |
| the greater of the following: | 18385 |
| 18386 |
| 18387 |
| 18388 |
| (i) Cost-of-doing-business factor for fiscal year 2005 X | 18389 |
| formula amount for fiscal year 2005 X formula ADM for fiscal year | 18390 |
| 2005; | 18391 |
| (ii) Formula amount for the current fiscal year X the greater | 18392 |
| of current formula ADM or three-year average formula ADM. | 18393 |
| The resultant number is the district's state share | 18394 |
| percentage. | 18395 |
| (2) The "total special education weight" for a joint | 18396 |
| vocational school district shall be calculated in the same manner | 18397 |
| as prescribed in division (B)(1) of section 3317.022 of the | 18398 |
| Revised Code. | 18399 |
| (3) The "total vocational education weight" for a joint | 18400 |
| vocational school district shall be calculated in the same manner | 18401 |
| as prescribed in division (B)(4) of section 3317.022 of the | 18402 |
| Revised Code. | 18403 |
| (4) The "total recognized valuation" of a joint vocational | 18404 |
| school district shall be determined by adding the recognized | 18405 |
| valuations of all its constituent school districts for the | 18406 |
| applicable fiscal year. | 18407 |
| (5) "Resident district" means the city, local, or exempted | 18408 |
| village school district in which a student is entitled to attend | 18409 |
| school under section 3313.64 or 3313.65 of the Revised Code. | 18410 |
| (6) "Community school" means a community school established | 18411 |
| under Chapter 3314. of the Revised Code. | 18412 |
| (B) The department of education shall compute and distribute | 18413 |
| state base cost funding to each joint vocational school district | 18414 |
|
for the
fiscal year in accordance with | 18415 |
| 18416 |
| 18417 |
| 18418 |
| 18419 |
| division (B) of this section. | 18420 |
| Compute both of the following for each joint vocational | 18421 |
| school district: | 18422 |
| (1) Cost-of-doing-business factor for fiscal year 2005 X | 18423 |
| formula amount for fiscal year 2005 X formula ADM for fiscal year | 18424 |
| 2005; | 18425 |
| (2) Formula amount for the current fiscal year X the greater | 18426 |
| of current formula ADM or three-year average formula ADM. | 18427 |
| Each joint vocational district's base cost funding shall be | 18428 |
| the greater of the amount computed under division (B)(1) or (2) of | 18429 |
| this section minus (0.0005 times recognized valuation). | 18430 |
| If the difference obtained under this division is a negative | 18431 |
| number, the district's computation shall be zero. | 18432 |
| (C)(1) The department shall compute and distribute state | 18433 |
| vocational education additional weighted costs funds to each joint | 18434 |
| vocational school district in accordance with the following | 18435 |
| formula: | 18436 |
| 18437 |
| 18438 |
| In each fiscal year, a joint vocational school district | 18439 |
| receiving funds under division (C)(1) of this section shall spend | 18440 |
| those funds only for the purposes the department designates as | 18441 |
| approved for vocational education expenses. Vocational educational | 18442 |
| expenses approved by the department shall include only expenses | 18443 |
| connected to the delivery of career-technical programming to | 18444 |
| career-technical students. The department shall require the joint | 18445 |
| vocational school district to report data annually so that the | 18446 |
| department may monitor the district's compliance with the | 18447 |
| requirements regarding the manner in which funding received under | 18448 |
| division (C)(1) of this section may be spent. | 18449 |
| (2) The department shall compute for each joint vocational | 18450 |
| school district state funds for vocational education associated | 18451 |
| services costs in accordance with the following formula: | 18452 |
| 18453 |
| 18454 |
| 18455 |
| 18456 |
| In any fiscal year, a joint vocational school district | 18457 |
| receiving funds under division (C)(2) of this section, or through | 18458 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 18459 |
| of the Revised Code, shall spend those funds only for the purposes | 18460 |
| that the department designates as approved for vocational | 18461 |
| education associated services expenses, which may include such | 18462 |
| purposes as apprenticeship coordinators, coordinators for other | 18463 |
| vocational education services, vocational evaluation, and other | 18464 |
| purposes designated by the department. The department may deny | 18465 |
| payment under division (C)(2) of this section to any district that | 18466 |
| the department determines is not operating those services or is | 18467 |
| using funds paid under division (C)(2) of this section, or through | 18468 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 18469 |
| of the Revised Code, for other purposes. | 18470 |
| (D)(1) The department shall compute and distribute state | 18471 |
| special education and related services additional weighted costs | 18472 |
| funds to each joint vocational school district in accordance with | 18473 |
| the following formula: | 18474 |
| 18475 |
| 18476 |
| (2)(a) As used in this division, the "personnel allowance" | 18477 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 18478 |
| 18479 |
| (b) For the provision of speech language pathology services | 18480 |
| to students, including students who do not have individualized | 18481 |
| education programs prepared for them under Chapter 3323. of the | 18482 |
| Revised Code, and for no other purpose, the department shall pay | 18483 |
| each joint vocational school district an amount calculated under | 18484 |
| the following formula: | 18485 |
| 18486 |
| 18487 |
| (3) In any fiscal year, a joint vocational school district | 18488 |
| shall spend for purposes that the department designates as | 18489 |
| approved for special education and related services expenses at | 18490 |
| least the amount calculated as follows: | 18491 |
| 18492 |
| 18493 |
| 18494 | |
| 18495 |
| 18496 |
| 18497 |
| In making the calculation required under division (D)(3) of | 18498 |
| this section, the department shall calculate for each joint | 18499 |
| vocational school district both of the following: | 18500 |
| (a) Cost-of-doing-business factor for fiscal year 2005 X | 18501 |
| formula amount for fiscal year 2005 X the sum of categories one | 18502 |
| through six special education ADM for fiscal year 2005; | 18503 |
| (b) Formula amount for the current fiscal year X the sum of | 18504 |
| categories one through six special education ADM for the current | 18505 |
| fiscal year. | 18506 |
| The purposes approved by the department for special education | 18507 |
| expenses shall include, but shall not be limited to, compliance | 18508 |
| with state rules governing the education of handicapped children, | 18509 |
| providing services identified in a student's individualized | 18510 |
| education program as defined in section 3323.01 of the Revised | 18511 |
| Code, provision of speech language pathology services, and the | 18512 |
| portion of the district's overall administrative and overhead | 18513 |
| costs that are attributable to the district's special education | 18514 |
| student population. | 18515 |
| The department shall require joint vocational school | 18516 |
| districts to report data annually to allow for monitoring | 18517 |
| compliance with division (D)(3) of this section. The department | 18518 |
| shall annually report to the governor and the general assembly the | 18519 |
| amount of money spent by each joint vocational school district for | 18520 |
| special education and related services. | 18521 |
| (4) In any fiscal year, a joint vocational school district | 18522 |
| shall spend for the provision of speech language pathology | 18523 |
| services not less than the sum of the amount calculated under | 18524 |
| division (D)(1) of this section for the students in the district's | 18525 |
| category one special education ADM and the amount calculated under | 18526 |
| division (D)(2) of this section. | 18527 |
| (E)(1) If a joint vocational school district's costs for a | 18528 |
| fiscal year for a student in its categories two through six | 18529 |
| special education ADM exceed the threshold catastrophic cost for | 18530 |
| serving the student, as specified in division (C)(3)(b) of section | 18531 |
| 3317.022 of the Revised Code, the district may submit to the | 18532 |
| superintendent of public instruction documentation, as prescribed | 18533 |
| by the superintendent, of all of its costs for that student. Upon | 18534 |
| submission of documentation for a student of the type and in the | 18535 |
| manner prescribed, the department shall pay to the district an | 18536 |
| amount equal to the sum of the following: | 18537 |
| (a) One-half of the district's costs for the student in | 18538 |
| excess of the threshold catastrophic cost; | 18539 |
| (b) The product of one-half of the district's costs for the | 18540 |
| student in excess of the threshold catastrophic cost multiplied by | 18541 |
| the district's state share percentage. | 18542 |
| (2) The district shall only report under division (E)(1) of | 18543 |
| this section, and the department shall only pay for, the costs of | 18544 |
| educational expenses and the related services provided to the | 18545 |
| student in accordance with the student's individualized education | 18546 |
| program. Any legal fees, court costs, or other costs associated | 18547 |
| with any cause of action relating to the student may not be | 18548 |
| included in the amount. | 18549 |
| (F) Each fiscal year, the department shall pay each joint | 18550 |
| vocational school district an amount for adult technical and | 18551 |
| vocational education and specialized consultants. | 18552 |
| (G)(1) A joint vocational school district's local share of | 18553 |
| special education and related services additional weighted costs | 18554 |
| equals: | 18555 |
| 18556 |
| 18557 |
| 18558 |
| (2) For each handicapped student receiving special education | 18559 |
| and related services under an individualized education program, as | 18560 |
| defined in section 3323.01 of the Revised Code, at a joint | 18561 |
| vocational district, the resident district or, if the student is | 18562 |
| enrolled in a community school, the community school shall be | 18563 |
| responsible for the amount of any costs of providing those special | 18564 |
| education and related services to that student that exceed the sum | 18565 |
| of the amount calculated for those services attributable to that | 18566 |
| student under divisions (B), (D), (E), and (G)(1) of this section. | 18567 |
| Those excess costs shall be calculated by subtracting the sum | 18568 |
| of the following from the actual cost to provide special education | 18569 |
| and related services to the student: | 18570 |
| (a) The | 18571 |
| 18572 |
| (b) The product of the formula amount times the applicable | 18573 |
| multiple specified in section 3317.013 of the Revised Code; | 18574 |
| (c) Any funds paid under division (E) of this section for the | 18575 |
| student; | 18576 |
| (d) Any other funds received by the joint vocational school | 18577 |
| district under this chapter to provide special education and | 18578 |
| related services to the student, not including the amount | 18579 |
| calculated under division (G)(2) of this section. | 18580 |
| (3) The board of education of the joint vocational school | 18581 |
| district | 18582 |
| division (G)(2) of this section to the department of education. | 18583 |
| (4) | 18584 |
| school district reports excess costs under division (G)(3) of this | 18585 |
| section, the department shall pay the amount of excess cost | 18586 |
| calculated under division (G)(2) of this section to the joint | 18587 |
| vocational school district and shall deduct that amount as | 18588 |
| provided in division (G)(4)(a) or (b) of this section, as | 18589 |
| applicable: | 18590 |
| (a) If the student is not enrolled in a community school, the | 18591 |
| department shall deduct the amount from the account of the | 18592 |
| student's resident district pursuant to division (M) of section | 18593 |
| 3317.023 of the Revised Code. | 18594 |
| (b) If the student is enrolled in a community school, the | 18595 |
| department shall deduct the amount from the account of the | 18596 |
| community school pursuant to section 3314.083 of the Revised Code. | 18597 |
| (H) | 18598 |
| fiscal year after fiscal year 2006. | 18599 |
| In any fiscal year prior to fiscal year 2007, if the total of | 18600 |
| all payments made to a joint vocational school district under | 18601 |
| divisions (B) to (D) of this section and division (R) of section | 18602 |
| 3317.024 of the Revised Code is less than the amount that district | 18603 |
| received in fiscal year 1999 under the version of this section in | 18604 |
| effect that year, plus the amount that district received under the | 18605 |
| version of section 3317.162 of the Revised Code in effect that | 18606 |
| year and minus the amounts received that year for driver education | 18607 |
| and adult education, the department shall pay the district an | 18608 |
| additional amount equal to the following: | 18609 |
| (1) In any fiscal year prior to fiscal year 2006, the | 18610 |
| difference between those two amounts; | 18611 |
| (2) In fiscal year 2006, the difference between those two | 18612 |
| amounts X 0.50. | 18613 |
| Sec. 3317.20. This section does not apply to handicapped | 18614 |
| preschool children. | 18615 |
| (A) As used in this section: | 18616 |
| (1) "Applicable weight" means the multiple specified in | 18617 |
| section 3317.013 of the Revised Code for a handicap described in | 18618 |
| that section. | 18619 |
| (2) "Child's school district" means the school district in | 18620 |
| which a child is entitled to attend school pursuant to section | 18621 |
| 3313.64 or 3313.65 of the Revised Code. | 18622 |
| (3) "State share percentage" means the state share percentage | 18623 |
| of the child's school district as defined in section 3317.022 of | 18624 |
| the Revised Code. | 18625 |
| (B) Except as provided in division (C) of this section, the | 18626 |
|
department shall annually pay each county
MR/DD board | 18627 |
| 18628 | |
| calculated under division (B)(1) or (2) of this section for each | 18629 |
| handicapped child, other than a handicapped preschool child, for | 18630 |
| whom the county MR/DD board provides special education and related | 18631 |
| services: | 18632 |
| 18633 |
| 18634 |
| 18635 |
| 18636 |
| (1) (The formula amount for fiscal year 2005 X the | 18637 |
| cost-of-doing-business factor for the child's school district for | 18638 |
| fiscal year 2005) + (state share percentage for fiscal year 2005 X | 18639 |
| formula amount for fiscal year 2005 X the applicable weight); | 18640 |
| (2) The formula amount + (state share percentage X formula | 18641 |
| amount X the applicable weight). | 18642 |
| (C) If any school district places with a county MR/DD board | 18643 |
| more handicapped children than it had placed with a county MR/DD | 18644 |
| board in fiscal year 1998, the department shall not make a payment | 18645 |
| under division (B) of this section for the number of children | 18646 |
| exceeding the number placed in fiscal year 1998. The department | 18647 |
| instead shall deduct from the district's payments under this | 18648 |
| chapter, and pay to the county MR/DD board, an amount calculated | 18649 |
| in accordance with the formula prescribed in division (B) of this | 18650 |
| section for each child over the number of children placed in | 18651 |
| fiscal year 1998. | 18652 |
| (D) The department shall calculate for each county MR/DD | 18653 |
| board receiving payments under divisions (B) and (C) of this | 18654 |
| section the following amounts: | 18655 |
| (1) The amount received by the county MR/DD board for | 18656 |
| approved special education and related services units, other than | 18657 |
| preschool handicapped units, in fiscal year 1998, divided by the | 18658 |
| total number of children served in the units that year; | 18659 |
| (2) The product of the quotient calculated under division | 18660 |
| (D)(1) of this section times the number of children for whom | 18661 |
| payments are made under divisions (B) and (C) of this section. | 18662 |
| If the amount calculated under division (D)(2) of this | 18663 |
| section is greater than the total amount calculated under | 18664 |
| divisions (B) and (C) of this section, the department shall pay | 18665 |
| the county MR/DD board one hundred per cent of the difference in | 18666 |
| addition to the payments under divisions (B) and (C) of this | 18667 |
| section. | 18668 |
| Sec. 3317.201. This section does not apply to handicapped | 18669 |
| preschool children. | 18670 |
| (A) As used in this section, the "total special education | 18671 |
| weight" for an institution means the sum of the following amounts: | 18672 |
| (1) The number of children reported by the institution under | 18673 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 18674 |
| receiving services for a handicap described in division (A) of | 18675 |
| section 3317.013 of the Revised Code multiplied by the multiple | 18676 |
| specified in that division; | 18677 |
| (2) The number of children reported by the institution under | 18678 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 18679 |
| receiving services for a handicap described in division (B) of | 18680 |
| section 3317.013 of the Revised Code multiplied by the multiple | 18681 |
| specified in that division; | 18682 |
| (3) The number of children reported by the institution under | 18683 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 18684 |
| receiving services for a handicap described in division (C) of | 18685 |
| section 3317.013 of the Revised Code multiplied by the multiple | 18686 |
| specified in that division; | 18687 |
| (4) The number of children reported by the institution under | 18688 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 18689 |
| receiving services for a handicap described in division (D) of | 18690 |
| section 3317.013 of the Revised Code multiplied by the multiple | 18691 |
| specified in that division; | 18692 |
| (5) The number of children reported by the institution under | 18693 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 18694 |
| receiving services for a handicap described in division (E) of | 18695 |
| section 3317.013 of the Revised Code multiplied by the multiple | 18696 |
| specified in that division; | 18697 |
| (6) The number of children reported by the institution under | 18698 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 18699 |
| receiving services for a handicap described in division (F) of | 18700 |
| section 3317.013 of the Revised Code multiplied by the multiple | 18701 |
| specified in that division. | 18702 |
| (B) The department of education annually shall pay each state | 18703 |
| institution required to provide special education services under | 18704 |
| division (A) of section 3323.091 of the Revised Code an amount | 18705 |
| equal to the greater of: | 18706 |
| (1) The formula amount times the institution's total special | 18707 |
| education weight; | 18708 |
| (2) The aggregate amount of special education and related | 18709 |
| services unit funding the institution received for all handicapped | 18710 |
| children other than handicapped preschool children in fiscal year | 18711 |
| 2005 under sections 3317.052 and 3317.053 of the Revised Code, as | 18712 |
| those sections existed prior to the effective date of this | 18713 |
| section. | 18714 |
| Sec. 3317.50. The | 18715 |
| fund is hereby created in the state treasury. The fund shall | 18716 |
| consist of certain excess local exchange telephone company | 18717 |
| contributions transferred from the reserve fund of the Ohio | 18718 |
| telecommunications advisory board pursuant to an agreement between | 18719 |
| the public utilities commission of Ohio and the Ohio department of | 18720 |
| education. The fund shall be used to finance technology grants to | 18721 |
| state-chartered elementary and secondary schools. Investment | 18722 |
| earnings of the fund shall be credited to the fund. | 18723 |
| Sec. 3317.51. (A) The distance learning fund is hereby | 18724 |
| created in the state treasury. The fund shall consist of moneys | 18725 |
| paid to the agency designated by the governor to assume the | 18726 |
| functions of the Ohio SchoolNet commission by any telephone | 18727 |
| company as a part of a settlement agreement between such company | 18728 |
| and the public utilities commission in fiscal year 1995 in part to | 18729 |
| establish distance learning throughout the
state. The | 18730 |
| agency shall administer the fund and expend moneys from it to | 18731 |
| finance technology grants to eligible schools chartered by the | 18732 |
| state board of education to establish distance learning in those | 18733 |
| schools. Chartered schools are eligible for funds if they are | 18734 |
| within the service area of the telephone company. Investment | 18735 |
| earnings of the fund shall be credited to the fund. | 18736 |
| (B) For purposes of this section, "distance learning" means | 18737 |
| the creation of a learning environment involving a school setting | 18738 |
| and at least one other location outside of the school which allows | 18739 |
| for information available at one site to be accessed at the other | 18740 |
| through the use of such educational applications as one-way or | 18741 |
| two-way transmission of data, voice, and video, singularly or in | 18742 |
| appropriate combinations. | 18743 |
| Sec. 3318.111. (A) As used in this section: | 18744 |
| (1) "Valuation" of a school district means the sum of the | 18745 |
| amounts described in divisions (A)(1) and (2) of section 3317.021 | 18746 |
| of the Revised Code as most recently certified for the district | 18747 |
| before the annual computation is made under division (B) of this | 18748 |
| section. | 18749 |
| (2) "One-half-mill yield" of a school district means the | 18750 |
| amount of taxes that would be charged and payable against the | 18751 |
| district's valuation from a tax of one-half mill per dollar of | 18752 |
| that valuation. | 18753 |
| (3) "One-half-mill yield per pupil" of a school district | 18754 |
| means the district's one-half-mill yield divided by the district's | 18755 |
| formula ADM as most recently reported under section 3317.03 of the | 18756 |
| Revised Code before the annual computation is made under division | 18757 |
| (B) of this section. | 18758 |
| (4) "Statewide average yield per pupil" means the amount of | 18759 |
| taxes that would be charged and payable from a tax levied on the | 18760 |
| valuation of all school districts at the rate of one-half mill per | 18761 |
| dollar of that valuation divided by the total of the formula ADMs | 18762 |
| of all school districts as most recently reported under section | 18763 |
| 3317.03 of the Revised Code before the annual computation is made | 18764 |
| under division (C) of this section. | 18765 |
| (5) "Maintenance levy requirement" means the tax required to | 18766 |
| be levied pursuant to division (C)(2)(a) of section 3318.08 and | 18767 |
| division (B) of section 3318.05 of the Revised Code or the | 18768 |
| application of proceeds of another levy to paying the costs of | 18769 |
| maintaining classroom facilities pursuant to division (A)(2) of | 18770 |
| section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08, | 18771 |
| or division (D)(2) of section 3318.36 of the Revised Code, or a | 18772 |
| combination thereof. | 18773 |
| (6) "Project agreement" means an agreement between a school | 18774 |
| district and the Ohio school facilities commission under section | 18775 |
| 3318.08 or division (B)(1) of section 3318.36 of the Revised Code. | 18776 |
| (B) On or before July 1, 2006, the department of education | 18777 |
| shall compute the statewide average yield per pupil and the | 18778 |
| one-half-mill yield per pupil of each school district, and provide | 18779 |
| them to the Ohio school facilities commission. On or before the | 18780 |
| first day of July each year beginning in 2007, the department of | 18781 |
| education shall compute the statewide average yield per pupil and | 18782 |
| the one-half-mill yield per pupil of each school district that has | 18783 |
| already entered into a project agreement, and provide the results | 18784 |
| of those computations to the commission. | 18785 |
| (C)(1) At the time the Ohio school facilities commission | 18786 |
| enters into a project agreement with a school district, the | 18787 |
| commission shall compute the difference between the district's | 18788 |
| one-half-mill yield per pupil and the statewide average yield per | 18789 |
| pupil as most recently provided to the commission under division | 18790 |
| (B) of this section. If the school district's one-half-mill yield | 18791 |
| per pupil is less than the average statewide yield per pupil, the | 18792 |
| commission shall multiply the difference between those amounts by | 18793 |
| the formula ADM of the district as most recently reported to the | 18794 |
| department of education under division (A) of section 3317.03 of | 18795 |
| the Revised Code. The commission shall certify the resulting | 18796 |
| product to the department of education, along with the date on | 18797 |
| which the maintenance levy requirement terminates as provided in | 18798 |
| the project agreement between the school district board and the | 18799 |
| commission. | 18800 |
| (2) In the case of a school district that entered into a | 18801 |
| project agreement after July 1, 1997, but before July 1, 2006, the | 18802 |
| commission shall make the computation described in division (C)(1) | 18803 |
| of this section on the basis of the district's one-half-mill yield | 18804 |
| per pupil and the statewide average yield per pupil computed as of | 18805 |
| September 1, 2006. | 18806 |
| (3) The amount computed for a school district under division | 18807 |
| (C)(1) or (2) of this section shall not change for the period | 18808 |
| during which payments are made to the district under division (D) | 18809 |
| of this section. | 18810 |
| (4) A computation need not be made under division (C)(1) or | 18811 |
| (2) of this section for a school district that certified a | 18812 |
| resolution to the commission under division (D)(3) of section | 18813 |
| 3318.36 of the Revised Code until the district becomes eligible | 18814 |
| for state assistance as provided in that division. | 18815 |
| (D) In the fourth quarter of each fiscal year, for each | 18816 |
| school district for which a computation has been made under | 18817 |
| division (C) of this section, the department of education shall | 18818 |
| pay the amount computed to each such school district. Payments | 18819 |
| shall be made to a school district each year until and including | 18820 |
| the tax year in which the district's maintenance levy requirement | 18821 |
| terminates. Payments shall be paid from the half-mill equalization | 18822 |
| fund, subject to appropriation by the general assembly. | 18823 |
| (E) Payments made to a school district under this section | 18824 |
| shall be credited to the district's classroom facilities | 18825 |
| maintenance fund and shall be used only for the purpose of | 18826 |
| maintaining facilities constructed or renovated under the project | 18827 |
| agreement. | 18828 |
| (F) There is hereby created in the state treasury the | 18829 |
| half-mill equalization fund. The fund shall receive transfers | 18830 |
| pursuant to section 5727.85 of the Revised Code. The fund shall be | 18831 |
| used first to make annual payments under division (D) of this | 18832 |
| section. If a balance remains in the fund after such payments are | 18833 |
| made in full for a year, the Ohio school facilities commission may | 18834 |
| request the controlling board to transfer a reasonable amount from | 18835 |
| such remaining balance to the public school building fund created | 18836 |
| under section 3318.15 of the Revised Code for the purposes of this | 18837 |
| chapter. | 18838 |
| All investment earnings arising from investment of money in | 18839 |
| the half-mill equalization fund shall be credited to the fund. | 18840 |
| Sec. 3318.33. (A) There is hereby created in the state | 18841 |
| treasury the Ohio school facilities commission fund, which shall | 18842 |
| consist of transfers of moneys authorized by the general assembly | 18843 |
| and revenues received by the Ohio school facilities commission | 18844 |
| under section 3318.31 of the Revised Code. Investment earnings on | 18845 |
| moneys in the fund shall be credited to the fund. Moneys in the | 18846 |
| fund may be used by the commission to pay personnel and other | 18847 |
| administrative expenses, to pay the cost of conducting evaluations | 18848 |
| of classroom facilities, to pay the cost of preparing building | 18849 |
| design specifications, to pay the cost of providing project | 18850 |
| management services, and for other purposes determined by the | 18851 |
| commission to be necessary to fulfill its duties under | 18852 |
| 18853 |
| (B) The director of budget and management may transfer to the | 18854 |
| Ohio school facilities commission fund the investment earnings on | 18855 |
| the
public school building fund | 18856 |
| Revised Code, the investment earnings on the education facilities | 18857 |
| trust fund created in section 183.26 of the Revised Code, or both. | 18858 |
| The director of budget and management may transfer to the Ohio | 18859 |
| school facilities commission fund the investment earnings on the | 18860 |
| school building program assistance fund, created under section | 18861 |
| 3318.25 of the Revised Code, in excess of the amounts needed to | 18862 |
| meet estimated federal arbitrage rebate requirements. | 18863 |
| | 18864 |
| treasury the | 18865 |
| assistance fund. Money in the fund shall be used solely to provide | 18866 |
| interest-free loans to school districts, including joint | 18867 |
| vocational
school districts, under sections | 18868 |
| 18869 | |
| construction of new vocational classroom facilities, the | 18870 |
| renovation of existing vocational classroom facilities, or the | 18871 |
| purchase of vocational education equipment or facilities. Moneys | 18872 |
| in the fund shall consist of transfers made to the fund, any | 18873 |
| interest earned by the fund, and repayments of loans made under | 18874 |
| sections | 18875 |
| Investment earnings of the fund shall be credited to the fund. | 18876 |
| | 18877 |
| school facilities commission shall adopt rules in accordance with | 18878 |
| Chapter 119. of the Revised Code under which, in any fiscal year | 18879 |
| that funds are appropriated from the
| 18880 |
| school building assistance fund for such purpose, the
| 18881 |
| commission may make interest-free loans to school districts. The | 18882 |
| rules shall include all of the following: | 18883 |
| (A) Application procedures, including the date by which | 18884 |
| applications shall be made; | 18885 |
| (B) Eligibility criteria, which shall include at least the | 18886 |
| following provisions: | 18887 |
| (1) A requirement that an applicant district demonstrate | 18888 |
| financial need for the loan. Indicators of need may include, but | 18889 |
| need not be limited to, levels of assessed valuation, enrollment | 18890 |
| levels and enrollment changes, ability of the district to maintain | 18891 |
| minimum educational standards, and demonstrated good faith efforts | 18892 |
| by the district to secure funds from sources other than the state. | 18893 |
| (2) A requirement that an applicant district demonstrate the | 18894 |
| ability to repay the loan within the maximum period permitted by | 18895 |
| division (D) of this section; | 18896 |
| (3) A requirement that an applicant district is not eligible | 18897 |
| for a loan, other than a loan for the purchase of any vocational | 18898 |
| education equipment that is not an approved project cost under | 18899 |
| this chapter, if the district, on the date of application for the | 18900 |
| loan, has at any time received any state assistance under sections | 18901 |
| 3318.01 to 3318.20, section 3318.37 or 3318.38, or sections | 18902 |
| 3318.40 to 3318.45 of the Revised Code or is reasonably expected | 18903 |
| to receive state assistance under any of those sections within | 18904 |
| three fiscal years; | 18905 |
| (4) A requirement that an applicant district agree to comply | 18906 |
| with all applicable design specifications and policies of the | 18907 |
| commission established pursuant to this chapter in the | 18908 |
| construction, renovation, or purchase of facilities or equipment | 18909 |
| paid for with the loan, unless such specifications or policies are | 18910 |
| waived by the commission. | 18911 |
| (C) Loan approval procedures and criteria, including criteria | 18912 |
| for prioritizing eligible applications. Criteria for such | 18913 |
| prioritization shall include: | 18914 |
| (1) Preference for applicant districts that demonstrate | 18915 |
| commitment and innovative approaches to the implementation of the | 18916 |
| department of education's vocational education modernization plan | 18917 |
| pursuant to section 3313.901 of the Revised Code; | 18918 |
| (2) Preference for applicant districts that have entered into | 18919 |
| or are in the process of entering into cooperative agreements with | 18920 |
| technical colleges or other institutions of higher education | 18921 |
| either to coordinate secondary vocational education and | 18922 |
| post-secondary technical education programs, or to share | 18923 |
| facilities and equipment. | 18924 |
| (D) Provisions governing the repayment of loans, including a | 18925 |
| provision that loans for construction, acquisition, or renovation | 18926 |
| of facilities shall be repaid within a maximum of fifteen years | 18927 |
| and loans for vocational education equipment shall be repaid | 18928 |
| within a maximum of five years; | 18929 |
| (E) A requirement that no loan shall be applied to the local | 18930 |
| resources a district expends as a condition of participation in a | 18931 |
| program established under section 3318.36 or 3318.46 of the | 18932 |
| Revised Code. | 18933 |
| | 18934 |
| school facilities commission shall enter into a loan agreement | 18935 |
| with each school district it approves for a loan under section | 18936 |
| 18937 | |
| the amount of the loan, the purposes for which it is to be used, | 18938 |
| the duration of the loan, and the repayment schedule. Every such | 18939 |
| agreement shall contain a provision
| 18940 |
| state board of education, upon the request of the executive | 18941 |
| director of the commission, to deduct from payments due to the | 18942 |
| district under Chapter 3317. of the Revised Code or from any other | 18943 |
| funds appropriated to the district by the general assembly, the | 18944 |
| amount of any scheduled loan payment due but not paid by the | 18945 |
| district and, within ten days, to transfer that amount to the | 18946 |
| commission. | 18947 |
| A copy of each loan agreement shall be furnished to the | 18948 |
| controlling board. No
money shall be released from the | 18949 |
| career-technical school building assistance fund without the | 18950 |
| approval of the controlling board. | 18951 |
| Sec. 3319.22. (A)(1) The state board of education shall | 18952 |
| adopt rules establishing the standards and requirements for | 18953 |
| obtaining temporary, associate, provisional, and professional | 18954 |
| educator licenses of any categories, types, and levels the board | 18955 |
| elects to provide. However, no educator license shall be required | 18956 |
| for teaching children two years old or younger. | 18957 |
| (2) If the state board requires any examinations for educator | 18958 |
| licensure, the department of education shall provide the results | 18959 |
| of such examinations received by the department to the Ohio board | 18960 |
| of regents, in the manner and to the extent permitted by state and | 18961 |
| federal law. | 18962 |
| (B) Any rules the state board of education adopts, amends, or | 18963 |
| rescinds for educator licenses under this section, division (D) of | 18964 |
| section 3301.07 of the Revised Code, or any other law shall be | 18965 |
| adopted, amended, or rescinded under Chapter 119. of the Revised | 18966 |
| Code except as follows: | 18967 |
| (1) Notwithstanding division (D) of section 119.03 and | 18968 |
| division (A)(1) of section 119.04 of the Revised Code, in the case | 18969 |
| of the adoption of any rule or the amendment or rescission of any | 18970 |
| rule that necessitates institutions' offering teacher preparation | 18971 |
| programs that are approved by the state board of education under | 18972 |
| section 3319.23 of the Revised Code to revise the curriculum of | 18973 |
| those programs, the effective date shall not be as prescribed in | 18974 |
| division (D) of section 119.03 and division (A)(1) of section | 18975 |
| 119.04 of the Revised Code. Instead, the effective date of such | 18976 |
| rules, or the amendment or rescission of such rules, shall be the | 18977 |
| date prescribed by section 3319.23 of the Revised Code. | 18978 |
| (2) Notwithstanding the authority to adopt, amend, or rescind | 18979 |
| emergency rules in division (F) of section 119.03 of the Revised | 18980 |
| Code, this authority shall not apply to the state board of | 18981 |
| education with regard to rules for educator licenses. | 18982 |
| (C)(1) The rules adopted under this section establishing | 18983 |
| standards requiring additional coursework for the renewal of any | 18984 |
| educator license shall require a school district and a chartered | 18985 |
| nonpublic school to establish local professional development | 18986 |
| committees. In a nonpublic school, the chief administrative | 18987 |
| officer shall establish the committees in any manner acceptable to | 18988 |
| such officer. The committees established under this division shall | 18989 |
| determine whether coursework that a district or chartered | 18990 |
| nonpublic school teacher proposes to complete meets the | 18991 |
| requirement of the rules. The department of education shall | 18992 |
| provide technical assistance and support to committees as the | 18993 |
| committees incorporate the professional development standards | 18994 |
| adopted by the state board of education pursuant to section | 18995 |
| 3319.61 of the Revised Code into their review of coursework that | 18996 |
| is appropriate for license renewal. The rules shall establish a | 18997 |
| procedure by which a teacher may appeal the decision of a local | 18998 |
| professional development committee. | 18999 |
| (2) In any school district in which there is no exclusive | 19000 |
| representative established under Chapter 4117. of the Revised | 19001 |
| Code, the professional development committees shall be established | 19002 |
| as described in division (C)(2) of this section. | 19003 |
| Not later than the effective date of the rules adopted under | 19004 |
| this section, the board of education of each school district shall | 19005 |
| establish the structure for one or more local professional | 19006 |
| development committees to be operated by such school district. The | 19007 |
| committee structure so established by a district board shall | 19008 |
| remain in effect unless within thirty days prior to an anniversary | 19009 |
| of the date upon which the current committee structure was | 19010 |
| established, the board provides notice to all affected district | 19011 |
| employees that the committee structure is to be modified. | 19012 |
| Professional development committees may have a district-level or | 19013 |
| building-level scope of operations, and may be established with | 19014 |
| regard to particular grade or age levels for which an educator | 19015 |
| license is designated. | 19016 |
| Each professional development committee shall consist of at | 19017 |
| least three classroom teachers employed by the district, one | 19018 |
| principal employed by the district, and one other employee of the | 19019 |
| district appointed by the district superintendent. For committees | 19020 |
| with a building-level scope, the teacher and principal members | 19021 |
| shall be assigned to that building, and the teacher members shall | 19022 |
| be elected by majority vote of the classroom teachers assigned to | 19023 |
| that building. For committees with a district-level scope, the | 19024 |
| teacher members shall be elected by majority vote of the classroom | 19025 |
| teachers of the district, and the principal member shall be | 19026 |
| elected by a majority vote of the principals of the district, | 19027 |
| unless there are two or fewer principals employed by the district, | 19028 |
| in which case the one or two principals employed shall serve on | 19029 |
| the committee. If a committee has a particular grade or age level | 19030 |
| scope, the teacher members shall be licensed to teach such grade | 19031 |
| or age levels, and shall be elected by majority vote of the | 19032 |
| classroom teachers holding such a license and the principal shall | 19033 |
| be elected by all principals serving in buildings where any such | 19034 |
| teachers serve. The district superintendent shall appoint a | 19035 |
| replacement to fill any vacancy that occurs on a professional | 19036 |
| development committee, except in the case of vacancies among the | 19037 |
| elected classroom teacher members, which shall be filled by vote | 19038 |
| of the remaining members of the committee so selected. | 19039 |
| Terms of office on professional development committees shall | 19040 |
| be prescribed by the district board establishing the committees. | 19041 |
| The conduct of elections for members of professional development | 19042 |
| committees shall be prescribed by the district board establishing | 19043 |
| the committees. A professional development committee may include | 19044 |
| additional members, except that the majority of members on each | 19045 |
| such committee shall be classroom teachers employed by the | 19046 |
| district. Any member appointed to fill a vacancy occurring prior | 19047 |
| to the expiration date of the term for which a predecessor was | 19048 |
| appointed shall hold office as a member for the remainder of that | 19049 |
| term. | 19050 |
| The initial meeting of any professional development | 19051 |
| committee, upon election and appointment of all committee members, | 19052 |
| shall be called by a member designated by the district | 19053 |
| superintendent. At this initial meeting, the committee shall | 19054 |
| select a chairperson and such other officers the committee deems | 19055 |
| necessary, and shall adopt rules for the conduct of its meetings. | 19056 |
| Thereafter, the committee shall meet at the call of the | 19057 |
| chairperson or upon the filing of a petition with the district | 19058 |
| superintendent signed by a majority of the committee members | 19059 |
| calling for the committee to meet. | 19060 |
| (3) In the case of a school district in which an exclusive | 19061 |
| representative has been established pursuant to Chapter 4117. of | 19062 |
| the Revised Code, professional development committees shall be | 19063 |
| established in accordance with any collective bargaining agreement | 19064 |
| in effect in the district that includes provisions for such | 19065 |
| committees. | 19066 |
| If the collective bargaining agreement does not specify a | 19067 |
| different method for the selection of teacher members of the | 19068 |
| committees, the exclusive representative of the district's | 19069 |
| teachers shall select the teacher members. | 19070 |
| If the collective bargaining agreement does not specify a | 19071 |
| different structure for the committees, the board of education of | 19072 |
| the school district shall establish the structure, including the | 19073 |
| number of committees and the number of teacher and administrative | 19074 |
| members on each committee; the specific administrative members to | 19075 |
| be part of each committee; whether the scope of the committees | 19076 |
| will be district levels, building levels, or by type of grade or | 19077 |
| age levels for which educator licenses are designated; the lengths | 19078 |
| of terms for members; the manner of filling vacancies on the | 19079 |
| committees; and the frequency and time and place of meetings. | 19080 |
| However, in all cases, except as provided in division (C)(4) of | 19081 |
| this section, there shall be a majority of teacher members of any | 19082 |
| professional development committee, there shall be at least five | 19083 |
| total members of any professional development committee, and the | 19084 |
| exclusive representative shall designate replacement members in | 19085 |
| the case of vacancies among teacher members, unless the collective | 19086 |
| bargaining agreement specifies a different method of selecting | 19087 |
| such replacements. | 19088 |
| (4) Whenever an administrator's coursework plan is being | 19089 |
| discussed or voted upon, the local professional development | 19090 |
| committee shall, at the request of one of its administrative | 19091 |
| members, cause a majority of the committee to consist of | 19092 |
| administrative members by reducing the number of teacher members | 19093 |
| voting on the plan. | 19094 |
| (D)(1) The department of education, educational service | 19095 |
| centers, county boards of mental retardation and developmental | 19096 |
| disabilities, regional professional development centers, special | 19097 |
| education regional resource centers, college and university | 19098 |
| departments of education, head start programs, the agency | 19099 |
| designated by the governor to assume the functions of the Ohio | 19100 |
| SchoolNet commission, and the Ohio education computer network may | 19101 |
| establish local professional development committees to determine | 19102 |
| whether the coursework proposed by their employees who are | 19103 |
| licensed or certificated under this section or section 3319.222 of | 19104 |
| the Revised Code meet the requirements of the rules adopted under | 19105 |
| this section. They may establish local professional development | 19106 |
| committees on their own or in collaboration with a school district | 19107 |
| or other agency having authority to establish them. | 19108 |
| Local professional development committees established by | 19109 |
| county boards of mental retardation and developmental disabilities | 19110 |
| shall be structured in a manner comparable to the structures | 19111 |
| prescribed for school districts in divisions (C)(2) and (3) of | 19112 |
| this section, as shall the committees established by any other | 19113 |
| entity specified in division (D)(1) of this section that provides | 19114 |
| educational services by employing or contracting for services of | 19115 |
| classroom teachers licensed or certificated under this section or | 19116 |
| section 3319.222 of the Revised Code. All other entities specified | 19117 |
| in division (D)(1) of this section shall structure their | 19118 |
| committees in accordance with guidelines which shall be issued by | 19119 |
| the state board. | 19120 |
| (2) Any public agency that is not specified in division | 19121 |
| (D)(1) of this section but provides educational services and | 19122 |
| employs or contracts for services of classroom teachers licensed | 19123 |
| or certificated under this section or section 3319.222 of the | 19124 |
| Revised Code may establish a local professional development | 19125 |
| committee, subject to the approval of the department of education. | 19126 |
| The committee shall be structured in accordance with guidelines | 19127 |
| issued by the state board. | 19128 |
| Sec. 3319.235. (A) The standards for the preparation of | 19129 |
| teachers adopted under section 3319.23 of the Revised Code shall | 19130 |
| require any institution that provides a course of study for the | 19131 |
| training of teachers to ensure that graduates of such course of | 19132 |
| study are skilled at integrating educational technology in the | 19133 |
| instruction of children, as evidenced by the graduate having | 19134 |
| either demonstrated proficiency in such skills in a manner | 19135 |
| prescribed by the department of education or completed a course | 19136 |
| that includes training in such skills. | 19137 |
| (B) The agency designated by the governor to assume the | 19138 |
| functions of the Ohio SchoolNet commission | 19139 |
| 19140 | |
| professional development programs to assist teachers who completed | 19141 |
| their teacher preparation prior to the effective date of division | 19142 |
| (A) of this section to become skilled at integrating educational | 19143 |
| technology in the
instruction of children. The | 19144 |
| shall provide technical assistance to school districts wishing to | 19145 |
| establish such programs. | 19146 |
| Sec. 3323.021. As used in this section, "participating | 19147 |
| county MR/DD board" means a county board of mental retardation and | 19148 |
| developmental disabilities electing to participate in the | 19149 |
| provision of or contracting for educational services for children | 19150 |
| under division (D) of section 5126.05 of the Revised Code. | 19151 |
| (A) When a school district, educational service center, or | 19152 |
| participating county MR/DD board enters into an agreement or | 19153 |
| contract with another school district, educational service center, | 19154 |
| or participating county MR/DD board to provide educational | 19155 |
| services to a disabled child during a school year, both of the | 19156 |
| following shall apply: | 19157 |
| (1) Beginning with fiscal year 1999, if the provider of the | 19158 |
| services intends to increase the amount it charges for some or all | 19159 |
| of those services during the next school year or if the provider | 19160 |
| intends to cease offering all or part of those services during the | 19161 |
| next school year, the provider shall notify the entity for which | 19162 |
| the services are provided of these intended changes no later that | 19163 |
| the first day of March of the current fiscal year. | 19164 |
| (2) Beginning with fiscal year 1999, if the entity for which | 19165 |
| services are provided intends to cease obtaining those services | 19166 |
| from the provider for the next school year or intends to change | 19167 |
| the type or amount of services it obtains from the provider for | 19168 |
| the next school year, the entity shall notify the service provider | 19169 |
| of these intended changes no later than the first day of March of | 19170 |
| the current fiscal year. | 19171 |
| (B) School districts, educational service centers, | 19172 |
| participating county MR/DD boards, and other applicable | 19173 |
| governmental entities shall collaborate where possible to maximize | 19174 |
|
federal sources of revenue | 19175 |
| 19176 | |
| 19177 | |
| special education related services for disabled children. | 19178 |
| Annually, each school district shall report to the department of | 19179 |
| education any amounts of money the district received through such | 19180 |
| medical assistance program. | 19181 |
| (C) The state board of education, the department of mental | 19182 |
| retardation and developmental disabilities, and the department of | 19183 |
| job and family services shall develop working agreements for | 19184 |
| pursuing additional funds for services for disabled children. | 19185 |
| Sec. 3323.091. (A) The department of mental health, the | 19186 |
| department of mental retardation and developmental disabilities, | 19187 |
| the department of youth services, and the department of | 19188 |
| rehabilitation and correction shall establish and maintain special | 19189 |
| education programs for handicapped children in institutions under | 19190 |
| their jurisdiction according to standards adopted by the state | 19191 |
|
board of education. | 19192 |
| (B) The superintendent of each state institution required to | 19193 |
| provide services under division (A) of this section, and each | 19194 |
| county MR/DD board, providing special education for handicapped | 19195 |
| preschool children under this chapter may apply to the state | 19196 |
| department of education for unit funding, which shall be paid in | 19197 |
| accordance with sections 3317.052 and 3317.053 of the Revised | 19198 |
| Code. | 19199 |
| | 19200 |
| to provide services under division (A) of this section may apply | 19201 |
| to the department of education for special education and related | 19202 |
| services weighted funding for handicapped children other than | 19203 |
| handicapped preschool children, calculated in accordance with | 19204 |
| section 3317.201 of the Revised Code. | 19205 |
| Each county MR/DD board providing special education for | 19206 |
| handicapped children other than handicapped preschool children may | 19207 |
| apply to the department of education for base cost and special | 19208 |
| education and related services weighted funding calculated in | 19209 |
| accordance with section 3317.20 of the Revised Code. | 19210 |
| (C) In addition to the authorization to apply for state | 19211 |
| funding described in division (B) of this section, each state | 19212 |
| institution required to provide services under division (A) of | 19213 |
| this section is entitled to tuition payments calculated in the | 19214 |
| manner described in division (C) of this section. | 19215 |
| On or before the thirtieth day of June of each year, the | 19216 |
| superintendent of each institution that during the school year | 19217 |
| provided special education pursuant to this section shall prepare | 19218 |
| a statement for each handicapped child under twenty-two years of | 19219 |
| age who has received special education. The statement shall | 19220 |
| contain the child's name and the name of the child's school | 19221 |
| district of residence. Within sixty days after receipt of such | 19222 |
| statement, the department of education shall perform one of the | 19223 |
| following: | 19224 |
| (1) For any child except a handicapped preschool child | 19225 |
|
described in division | 19226 |
| institution submitting the statement an amount equal to the | 19227 |
| tuition calculated under division (A) of section 3317.08 of the | 19228 |
| Revised Code for the period covered by the statement, and deduct | 19229 |
| the same from the amount of state funds, if any, payable under | 19230 |
| sections 3317.022 and 3317.023 of the Revised Code, to the child's | 19231 |
| school district of residence or, if the amount of such state funds | 19232 |
| is insufficient, require the child's school district of residence | 19233 |
| to pay the institution submitting the statement an amount equal to | 19234 |
| the amount determined under this division. | 19235 |
| (2) For any handicapped preschool child not included in a | 19236 |
| unit approved under division (B) of section 3317.05 of the Revised | 19237 |
| Code, perform the following: | 19238 |
| (a) Pay to the institution submitting the statement an amount | 19239 |
| equal to the tuition calculated under division (B) of section | 19240 |
| 3317.08 of the Revised Code for the period covered by the | 19241 |
| statement, except that in calculating the tuition under that | 19242 |
| section the operating expenses of the institution submitting the | 19243 |
| statement under this section shall be used instead of the | 19244 |
| operating expenses of the school district of residence; | 19245 |
| (b) Deduct from the amount of state funds, if any, payable | 19246 |
| under sections 3317.022 and 3317.023 of the Revised Code to the | 19247 |
| child's school district of residence an amount equal to the amount | 19248 |
|
paid under division | 19249 |
| Sec. 3323.14. This section does not apply to any handicapped | 19250 |
| preschool child except if included in a unit approved under | 19251 |
| division (B) of section 3317.05 of the Revised Code. | 19252 |
| (A) Where a child who is a school resident of one school | 19253 |
| district receives special education from another district and the | 19254 |
| per capita cost to the educating district for that child exceeds | 19255 |
| the sum of the amount received by the educating district for that | 19256 |
| child under division (A) of section 3317.08 of the Revised Code | 19257 |
| and the amount received by the district from the state board of | 19258 |
| education for that child, then the board of education of the | 19259 |
| district of residence shall pay | 19260 |
| school district that is providing the special education such | 19261 |
| excess cost as is determined by using a formula approved by the | 19262 |
| department of education and agreed upon in contracts entered into | 19263 |
| by the boards of the district concerned at the time the district | 19264 |
| providing such special education accepts the child for enrollment. | 19265 |
| The department of education shall certify the amount of the | 19266 |
| payments under Chapter 3317. of the Revised Code for such | 19267 |
| handicapped pupils for each school year ending on the thirtieth | 19268 |
| day of July. | 19269 |
| (B) In the case of a child described in division (A) of this | 19270 |
| section who has been placed in a home, as defined in section | 19271 |
| 3313.64 of the Revised Code, pursuant to the order of a court and | 19272 |
| who is not subject to section 3323.141 of the Revised Code, the | 19273 |
| district providing the child with special education and related | 19274 |
| services may charge to the child's district of residence the | 19275 |
| excess cost determined by formula approved by the department, | 19276 |
| regardless of whether the district of residence has entered into a | 19277 |
| contract with the district providing the services. If the district | 19278 |
| providing the services chooses to charge excess costs, the | 19279 |
| district may report the amount calculated under this division to | 19280 |
| the department. | 19281 |
| (C) If a district providing special education for a child | 19282 |
| reports an amount for the excess cost of those services, as | 19283 |
| authorized and calculated under division (A) or (B) of this | 19284 |
| section, the department shall pay that amount of excess cost to | 19285 |
| the district providing the services and shall deduct that amount | 19286 |
| from the child's district of residence in accordance with division | 19287 |
| (N) of section 3317.023 of the Revised Code. | 19288 |
| Sec. 3323.16. No unit for deaf children shall be disapproved | 19289 |
| for funding
under division (B) | 19290 |
| Revised Code on the basis of the methods of instruction used in | 19291 |
| educational programs in the school district or institution to | 19292 |
| teach deaf children to communicate, and no preference in approving | 19293 |
| units for funding shall be given for teaching deaf children by the | 19294 |
| oral, manual, total communication, or other method of instruction. | 19295 |
| Sec. 3325.10. The state school for the blind may receive and | 19296 |
| administer any federal funds relating to the education of blind or | 19297 |
| visually impaired students. The school for the blind also may | 19298 |
| accept and administer any gifts, donations, or bequests made to it | 19299 |
| for programs or services relating to the education of blind or | 19300 |
| visually impaired students. | 19301 |
| Sec. 3325.11. There is hereby created in the state treasury | 19302 |
| the state school for the blind student activity and work-study | 19303 |
| fund. Moneys received from donations, bequests, the school | 19304 |
| vocational program, and any other moneys designated for deposit in | 19305 |
| the fund by the superintendent of the state school for the blind | 19306 |
| shall be credited to the fund. Notwithstanding section 3325.01 of | 19307 |
| the Revised Code, the approval of the state board of education is | 19308 |
| not required to designate money for deposit into the fund. The | 19309 |
| school for the blind shall use money in the fund for school | 19310 |
| operating expenses, including, but not limited to, personal | 19311 |
| services, maintenance, and equipment related to student support, | 19312 |
| activities, and vocational programs, and for providing | 19313 |
| scholarships to students for further training upon graduation. | 19314 |
| Sec. 3325.12. There is hereby created the state school for | 19315 |
| the blind student account fund, which shall be in the custody of | 19316 |
| the treasurer of state but shall not be part of the state | 19317 |
| treasury. The fund shall consist of all moneys received from the | 19318 |
| parents or guardians of students attending the state school for | 19319 |
| the blind that are designated for use by the respective students | 19320 |
| in activities of their choice. The treasurer of state may invest | 19321 |
| any portion of the fund not needed for immediate use in the same | 19322 |
| manner as, and subject to laws regarding the investment of, state | 19323 |
| funds. The treasurer of state shall disburse money from the fund | 19324 |
| on order of the superintendent of the state school for the blind | 19325 |
| or the superintendent's designee. All investment earnings of the | 19326 |
| fund shall be credited to the fund and allocated among the student | 19327 |
| accounts in proportion to the amount invested from each student's | 19328 |
| account. | 19329 |
| Sec. 3325.15. The state school for the deaf may receive and | 19330 |
| administer any federal funds relating to the education of deaf or | 19331 |
| hearing-impaired students. The school for the deaf also may accept | 19332 |
| and administer any gifts, donations, or bequests given to it for | 19333 |
| programs or services relating to the education of deaf or | 19334 |
| hearing-impaired students. | 19335 |
| Sec. 3325.16. There is hereby created in the state treasury | 19336 |
| the state school for the deaf educational program expenses fund. | 19337 |
| Moneys received by the school from donations, bequests, student | 19338 |
| fundraising activities, fees charged for camps and workshops, gate | 19339 |
| receipts from athletic contests, and the student work experience | 19340 |
| program operated by the school, and any other moneys designated | 19341 |
| for deposit in the fund by the superintendent of the school, shall | 19342 |
| be credited to the fund. Notwithstanding section 3325.01 of the | 19343 |
| Revised Code, the approval of the state board of education is not | 19344 |
| required to designate money for deposit into the fund. The state | 19345 |
| school for the deaf shall use moneys in the fund for educational | 19346 |
| programs, after-school activities, and expenses associated with | 19347 |
| student activities and clubs. | 19348 |
| Sec. 3325.17. There is hereby created the state school for | 19349 |
| the deaf student account fund, which shall be in the custody of | 19350 |
| the treasurer of state but shall not be part of the state | 19351 |
| treasury. The fund shall consist of all moneys received from the | 19352 |
| parents or guardians of students attending the state school for | 19353 |
| the deaf that are designated for use by the respective students in | 19354 |
| activities of their choice. The treasurer of state may invest any | 19355 |
| portion of the fund not needed for immediate use in the same | 19356 |
| manner as, and subject to laws regarding the investment of, state | 19357 |
| funds. The treasurer of state shall disburse money from the fund | 19358 |
| on order of the superintendent of the state school for the deaf or | 19359 |
| the superintendent's designee. All investment earnings of the fund | 19360 |
| shall be credited to the fund and allocated among the student | 19361 |
| accounts in proportion to the amount invested from each student's | 19362 |
| account. | 19363 |
| Sec. 3332.092. Any school subject to this chapter receiving | 19364 |
| money under section 3333.12 or 3333.122 of the Revised Code on | 19365 |
| behalf of a student who is determined by the state board of career | 19366 |
| colleges and schools to be ineligible under such section because | 19367 |
| the program in which the student is enrolled does not lead to an | 19368 |
| associate or baccalaureate degree, shall be liable to the state | 19369 |
| for the amount specified in section 3333.12 or 3333.122 of the | 19370 |
| Revised Code. The state board of career colleges and schools shall | 19371 |
| suspend the certificate of registration of a school receiving | 19372 |
| money under section 3333.12 or 3333.122 of the Revised Code for | 19373 |
| such ineligible student until such time as the money is repaid to | 19374 |
| the Ohio board of regents. | 19375 |
| Sec. 3333.04. The Ohio board of regents shall: | 19376 |
| (A) Make studies of state policy in the field of higher | 19377 |
| education and formulate a master plan for higher education for the | 19378 |
| state, considering the needs of the people, the needs of the | 19379 |
| state, and the role of individual public and private institutions | 19380 |
| within the state in fulfilling these needs; | 19381 |
| (B)(1) Report annually to the governor and the general | 19382 |
| assembly on the findings from its studies and the master plan for | 19383 |
| higher education for the state; | 19384 |
| (2) Report at least semiannually to the general assembly and | 19385 |
| the governor the enrollment numbers at each state-assisted | 19386 |
| institution of higher education. | 19387 |
| (C) Approve or disapprove the establishment of new branches | 19388 |
| or academic centers of state colleges and universities; | 19389 |
| (D) Approve or disapprove the establishment of state | 19390 |
| technical colleges or any other state institution of higher | 19391 |
| education; | 19392 |
| (E) Recommend the nature of the programs, undergraduate, | 19393 |
| graduate, professional, state-financed research, and public | 19394 |
| services which should be offered by the state colleges, | 19395 |
| universities, and other state-assisted institutions of higher | 19396 |
| education in order to utilize to the best advantage their | 19397 |
| facilities and personnel; | 19398 |
| (F) Recommend to the state colleges, universities, and other | 19399 |
| state-assisted institutions of higher education graduate or | 19400 |
| professional programs, including, but not limited to, doctor of | 19401 |
| philosophy, doctor of education, and juris doctor programs, that | 19402 |
| could be eliminated because they constitute unnecessary | 19403 |
| duplication, as shall be determined using the process developed | 19404 |
| pursuant to this section, or for other good and sufficient cause. | 19405 |
| For purposes of determining the amounts of any state instructional | 19406 |
| subsidies paid to these colleges, universities, and institutions, | 19407 |
| the board may exclude students enrolled in any program that the | 19408 |
| board has recommended for elimination pursuant to this division | 19409 |
| except that the board shall not exclude any such student who | 19410 |
| enrolled in the program prior to the date on which the board | 19411 |
| initially commences to exclude students under this division. The | 19412 |
| board of regents and these colleges, universities, and | 19413 |
| institutions shall jointly develop a process for determining which | 19414 |
| existing graduate or professional programs constitute unnecessary | 19415 |
| duplication. | 19416 |
| (G) Recommend to the state colleges, universities, and other | 19417 |
| state-assisted institutions of higher education programs which | 19418 |
| should be added to their present programs; | 19419 |
| (H) Conduct studies for the state colleges, universities, and | 19420 |
| other state-assisted institutions of higher education to assist | 19421 |
| them in making the best and most efficient use of their existing | 19422 |
| facilities and personnel; | 19423 |
| (I) Make recommendations to the governor and general assembly | 19424 |
| concerning the development of state-financed capital plans for | 19425 |
| higher education; the establishment of new state colleges, | 19426 |
| universities, and other state-assisted institutions of higher | 19427 |
| education; and the establishment of new programs at the existing | 19428 |
| state colleges, universities, and other institutions of higher | 19429 |
| education; | 19430 |
| (J) Review the appropriation requests of the public community | 19431 |
| colleges and the state colleges and universities and submit to the | 19432 |
| office of budget and management and to the chairpersons of the | 19433 |
| finance committees of the house of representatives and of the | 19434 |
| senate its recommendations in regard to the biennial higher | 19435 |
| education appropriation for the state, including appropriations | 19436 |
| for the individual state colleges and universities and public | 19437 |
| community colleges. For the purpose of determining the amounts of | 19438 |
| instructional subsidies to be paid to state-assisted colleges and | 19439 |
| universities, the board shall define "full-time equivalent | 19440 |
| student" by program per academic year. The definition may take | 19441 |
| into account the establishment of minimum enrollment levels in | 19442 |
| technical education programs below which support allowances will | 19443 |
| not be paid. Except as otherwise provided in this section, the | 19444 |
| board shall make no change in the definition of "full-time | 19445 |
| equivalent student" in effect on November 15, 1981, which would | 19446 |
| increase or decrease the number of subsidy-eligible full-time | 19447 |
| equivalent students, without first submitting a fiscal impact | 19448 |
| statement to the president of the senate, the speaker of the house | 19449 |
| of representatives,
| 19450 |
| legislative service commission, and the director of budget and | 19451 |
| management. The board shall work in close cooperation with the | 19452 |
| director of budget and management in this respect and in all other | 19453 |
| matters concerning the expenditures of appropriated funds by state | 19454 |
| colleges, universities, and other institutions of higher | 19455 |
| education. | 19456 |
| (K) Seek the cooperation and advice of the officers and | 19457 |
| trustees of both public and private colleges, universities, and | 19458 |
| other institutions of higher education in the state in performing | 19459 |
| its duties and making its plans, studies, and recommendations; | 19460 |
| (L) Appoint advisory committees consisting of persons | 19461 |
| associated with public or private secondary schools, members of | 19462 |
| the state board of education, or personnel of the state department | 19463 |
| of education; | 19464 |
| (M) Appoint advisory committees consisting of college and | 19465 |
| university personnel, or other persons knowledgeable in the field | 19466 |
| of higher education, or both, in order to obtain their advice and | 19467 |
| assistance in defining and suggesting solutions for the problems | 19468 |
| and needs of higher education in this state; | 19469 |
| (N) Approve or disapprove all new degrees and new degree | 19470 |
| programs at all state colleges, universities, and other | 19471 |
| state-assisted institutions of higher education; | 19472 |
| (O) Adopt such rules as are necessary to carry out its duties | 19473 |
| and responsibilities; | 19474 |
| (P) Establish and submit to the governor and the general | 19475 |
| assembly a clear and measurable set of goals and timetables for | 19476 |
| their achievement for each program under the supervision of the | 19477 |
| board that is designed to accomplish any of the following: | 19478 |
| (1) Increased access to higher education; | 19479 |
| (2) Job training; | 19480 |
| (3) Adult literacy; | 19481 |
| (4) Research; | 19482 |
| (5) Excellence in higher education; | 19483 |
| (6) Reduction in the number of graduate programs within the | 19484 |
| same subject area. | 19485 |
| In July of each odd-numbered year, the board of regents shall | 19486 |
| submit to the governor and the general assembly a report on | 19487 |
| progress made toward these goals. | 19488 |
| (Q) Make recommendations to the governor and the general | 19489 |
| assembly regarding the design and funding of the student financial | 19490 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 19491 |
| 3333.27, and 5910.02 of the Revised Code; | 19492 |
| (R) Participate in education-related state or federal | 19493 |
| programs on behalf of the state and assume responsibility for the | 19494 |
| administration of such programs in accordance with applicable | 19495 |
| state or federal law; | 19496 |
| (S) Adopt rules for student financial aid programs as | 19497 |
| required by sections 3333.12, 3333.122, 3333.21 to 3333.27, | 19498 |
| 3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any | 19499 |
| other administrative functions assigned to the board by those | 19500 |
| sections; | 19501 |
| (T) Administer contracts under sections 3702.74 and 3702.75 | 19502 |
| of the Revised Code in accordance with rules adopted by the | 19503 |
| director of health under section 3702.79 of the Revised Code; | 19504 |
| (U) Conduct enrollment audits of state-supported institutions | 19505 |
| of higher education; | 19506 |
| (V) Appoint consortiums of college and university personnel | 19507 |
| to participate in the development and operation of statewide | 19508 |
| collaborative efforts, including the Ohio supercomputer center, | 19509 |
| the Ohio academic resources network, OhioLink, and the Ohio | 19510 |
| learning network. For each consortium, the board shall designate a | 19511 |
| college or university to serve as that consortium's fiscal agent, | 19512 |
| financial officer, and employer. Any funds appropriated to the | 19513 |
| board for consortiums shall be distributed to the fiscal agents | 19514 |
| for the operation of the consortiums. A consortium shall follow | 19515 |
| the rules of the college or university that serves as its fiscal | 19516 |
| agent. | 19517 |
| Sec. 3333.044. (A) The Ohio board of regents may contract | 19518 |
| with any consultants that are necessary for the discharge of the | 19519 |
| board's duties under this chapter. | 19520 |
| (B) The Ohio board of regents may purchase, upon the terms | 19521 |
| that the board determines to be advisable, one or more policies of | 19522 |
| insurance from insurers authorized to do business in this state | 19523 |
| that insure consultants who have contracted with the board under | 19524 |
| division (A) of this section or members of an advisory committee | 19525 |
| appointed under section 3333.04 of the Revised Code, with respect | 19526 |
| to the activities of the consultants or advisory committee members | 19527 |
| in the course of the performance of their responsibilities as | 19528 |
| consultants or advisory committee members. | 19529 |
| (C) Subject to the approval of the controlling board, the | 19530 |
| Ohio board of regents may contract with any entities for the | 19531 |
| discharge of the board's duties and responsibilities under any of | 19532 |
| the programs established pursuant to sections 3333.12, 3333.122, | 19533 |
| 3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and Chapter | 19534 |
| 5910. of the Revised Code. The board shall not enter into a | 19535 |
| contract under this division unless the proposed contractor | 19536 |
| demonstrates that its primary purpose is to promote access to | 19537 |
| higher education by providing student financial assistance through | 19538 |
| loans, grants, or scholarships, and by providing high quality | 19539 |
| support services and information to students and their families | 19540 |
| with regard to such financial assistance. | 19541 |
| Chapter 125. of the Revised Code does not apply to contracts | 19542 |
| entered into pursuant to this section. In awarding contracts under | 19543 |
| this division, the board shall consider factors such as the cost | 19544 |
| of the administration of the contract, the experience of the | 19545 |
| contractor, and the contractor's ability to properly execute the | 19546 |
| contract. | 19547 |
| Sec. 3333.047. With regard to any state student financial aid | 19548 |
| program established in this chapter, Chapter 5910., or section | 19549 |
| 5919.34 of the Revised Code, the Ohio board of regents shall | 19550 |
| conduct audits to: | 19551 |
| (A) Determine the validity of information provided by | 19552 |
| students and parents regarding eligibility for state student | 19553 |
| financial aid. If the board determines that eligibility data has | 19554 |
| been reported incorrectly or inaccurately, and where the board | 19555 |
| determines an adjustment to be appropriate, the institution of | 19556 |
| higher education shall adjust the financial aid awarded to the | 19557 |
| student. | 19558 |
| (B) Ensure that institutions of higher education are in | 19559 |
| compliance with the board's rules governing state student | 19560 |
| financial aid programs. An institution that fails to comply with | 19561 |
| the board's rules in the administration of any state student | 19562 |
| financial aid program shall be fully liable to reimburse the board | 19563 |
| for the unauthorized use of student financial aid funds. | 19564 |
| Sec. 3333.12. (A) As used in this section: | 19565 |
| (1) "Eligible student" means an undergraduate student who is: | 19566 |
| (a) An Ohio resident enrolled in an undergraduate program | 19567 |
| before July 1, 2006; | 19568 |
| (b) Enrolled in either of the following: | 19569 |
| (i) An accredited institution of higher education in this | 19570 |
| state that meets the requirements of Title VI of the Civil Rights | 19571 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 19572 |
| certificate of authorization from the Ohio board of regents | 19573 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 19574 |
| of registration from the state board of career colleges and | 19575 |
| schools and program authorization to award an associate or | 19576 |
| bachelor's degree, or is a private institution exempt from | 19577 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 19578 |
| in section 3333.046 of the Revised Code. Students who attend an | 19579 |
| institution that holds a certificate of registration shall be | 19580 |
| enrolled in a program leading to an associate or bachelor's degree | 19581 |
| for which associate or bachelor's degree program the institution | 19582 |
| has program authorization issued under section 3332.05 of the | 19583 |
| Revised Code. | 19584 |
| (ii) A technical education program of at least two years | 19585 |
| duration sponsored by a private institution of higher education in | 19586 |
| this state that meets the requirements of Title VI of the Civil | 19587 |
| Rights Act of 1964. | 19588 |
| (c) Enrolled as a full-time student or enrolled as a less | 19589 |
| than full-time student for the term expected to be the student's | 19590 |
| final term of enrollment and is enrolled for the number of credit | 19591 |
| hours necessary to complete the requirements of the program in | 19592 |
| which the student is enrolled. | 19593 |
| (2) "Gross income" includes all taxable and nontaxable income | 19594 |
| of the parents, the student, and the student's spouse, except | 19595 |
| income derived from an Ohio academic scholarship, income earned by | 19596 |
| the student between the last day of the spring term and the first | 19597 |
| day of the fall term, and other income exclusions designated by | 19598 |
| the board. Gross income may be verified to the board by the | 19599 |
| institution in which the student is enrolled using the federal | 19600 |
| financial aid eligibility verification process or by other means | 19601 |
| satisfactory to the board. | 19602 |
| (3) "Resident," "full-time student," "dependent," | 19603 |
| "financially independent," and "accredited" shall be defined by | 19604 |
| rules adopted by the board. | 19605 |
| (B) The Ohio board of regents shall establish and administer | 19606 |
| an instructional grant program and may adopt rules to carry out | 19607 |
| this section. The general assembly shall support the instructional | 19608 |
| grant program by such sums and in such manner as it may provide, | 19609 |
| but the board may also receive funds from other sources to support | 19610 |
| the program. If the amounts available for support of the program | 19611 |
| are inadequate to provide grants to all eligible students, | 19612 |
| preference in the payment of grants shall be given in terms of | 19613 |
| income, beginning with the lowest income category of gross income | 19614 |
| and proceeding upward by category to the highest gross income | 19615 |
| category. | 19616 |
| An instructional grant shall be paid to an eligible student | 19617 |
| through the institution in which the student is enrolled, except | 19618 |
| that no instructional grant shall be paid to any person serving a | 19619 |
| term of imprisonment. Applications for such grants shall be made | 19620 |
| as prescribed by the board, and such applications may be made in | 19621 |
| conjunction with and upon the basis of information provided in | 19622 |
| conjunction with student assistance programs funded by agencies of | 19623 |
| the United States government or from financial resources of the | 19624 |
| institution of higher education. The institution shall certify | 19625 |
| that the student applicant meets the requirements set forth in | 19626 |
| divisions (A)(1)(b) and (c) of this section. Instructional grants | 19627 |
| shall be provided to an eligible student only as long as the | 19628 |
| student is making appropriate progress toward a nursing diploma or | 19629 |
| an associate or bachelor's degree. No student shall be eligible to | 19630 |
| receive a grant for more than ten semesters, fifteen quarters, or | 19631 |
| the equivalent of five academic years. A grant made to an eligible | 19632 |
| student on the basis of less than full-time enrollment shall be | 19633 |
| based on the number of credit hours for which the student is | 19634 |
| enrolled and shall be computed in accordance with a formula | 19635 |
| adopted by the board. No student shall receive more than one grant | 19636 |
| on the basis of less than full-time enrollment. | 19637 |
| An instructional grant shall not exceed the total | 19638 |
| instructional and general charges of the institution. | 19639 |
| (C) The tables in this division prescribe the maximum grant | 19640 |
| amounts covering two semesters, three quarters, or a comparable | 19641 |
| portion of one academic year. Grant amounts for additional terms | 19642 |
| in the same academic year shall be determined under division (D) | 19643 |
| of this section. | 19644 |
| For a full-time student who is a dependent and enrolled in a | 19645 |
| nonprofit educational institution that is not a state-assisted | 19646 |
| institution and that has a certificate of authorization issued | 19647 |
| pursuant to Chapter 1713. of the Revised Code, the amount of the | 19648 |
| instructional grant for two semesters, three quarters, or a | 19649 |
| comparable portion of the academic year shall be determined in | 19650 |
| accordance with the following table: | 19651 |
| 19652 |
| 19653 |
| Maximum Grant $5,466 | 19654 | ||
| Gross Income | Number of Dependents | 19655 |
| 1 | 2 | 3 | 4 | 5 or more | 19656 |
| $0 - $15,000 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 19657 | ||||||
| $15,001 - $16,000 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 19658 | ||||||
| $16,001 - $17,000 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 19659 | ||||||
| $17,001 - $18,000 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 19660 | ||||||
| $18,001 - $19,000 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 19661 | ||||||
| $19,001 - $22,000 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 19662 | ||||||
| $22,001 - $25,000 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 19663 | ||||||
| $25,001 - $28,000 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 19664 | ||||||
| $28,001 - $31,000 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 19665 | ||||||
| $31,001 - $32,000 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 19666 | ||||||
| $32,001 - $33,000 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 19667 | ||||||
| $33,001 - $34,000 | 888 | 984 | 1,080 | 1,344 | 1,626 | 19668 | ||||||
| $34,001 - $35,000 | 444 | 888 | 984 | 1,080 | 1,344 | 19669 | ||||||
| $35,001 - $36,000 | -- | 444 | 888 | 984 | 1,080 | 19670 | ||||||
| $36,001 - $37,000 | -- | -- | 444 | 888 | 984 | 19671 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 444 | 888 | 19672 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 444 | 19673 |
| For a full-time student who is financially independent and | 19674 |
| enrolled in a nonprofit educational institution that is not a | 19675 |
| state-assisted institution and that has a certificate of | 19676 |
| authorization issued pursuant to Chapter 1713. of the Revised | 19677 |
| Code, the amount of the instructional grant for two semesters, | 19678 |
| three quarters, or a comparable portion of the academic year shall | 19679 |
| be determined in accordance with the following table: | 19680 |
| 19681 |
| 19682 |
| Maximum Grant $5,466 | 19683 | ||
| Gross Income | Number of Dependents | 19684 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 19685 |
| $0 - $4,800 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 19686 | ||||
| $4,801 - $5,300 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 5,466 | 19687 | ||||
| $5,301 - $5,800 | 4,362 | 5,196 | 5,466 | 5,466 | 5,466 | 5,466 | 19688 | ||||
| $5,801 - $6,300 | 3,828 | 4,914 | 5,196 | 5,466 | 5,466 | 5,466 | 19689 | ||||
| $6,301 - $6,800 | 3,288 | 4,650 | 4,914 | 5,196 | 5,466 | 5,466 | 19690 | ||||
| $6,801 - $7,300 | 2,736 | 4,380 | 4,650 | 4,914 | 5,196 | 5,466 | 19691 | ||||
| $7,301 - $8,300 | 2,178 | 4,104 | 4,380 | 4,650 | 4,914 | 5,196 | 19692 | ||||
| $8,301 - $9,300 | 1,626 | 3,822 | 4,104 | 4,380 | 4,650 | 4,914 | 19693 | ||||
| $9,301 - $10,300 | 1,344 | 3,546 | 3,822 | 4,104 | 4,380 | 4,650 | 19694 | ||||
| $10,301 - $11,800 | 1,080 | 3,408 | 3,546 | 3,822 | 4,104 | 4,380 | 19695 | ||||
| $11,801 - $13,300 | 984 | 3,276 | 3,408 | 3,546 | 3,822 | 4,104 | 19696 | ||||
| $13,301 - $14,800 | 888 | 3,228 | 3,276 | 3,408 | 3,546 | 3,822 | 19697 | ||||
| $14,801 - $16,300 | 444 | 2,904 | 3,228 | 3,276 | 3,408 | 3,546 | 19698 | ||||
| $16,301 - $19,300 | -- | 2,136 | 2,628 | 2,952 | 3,276 | 3,408 | 19699 | ||||
| $19,301 - $22,300 | -- | 1,368 | 1,866 | 2,358 | 2,676 | 3,000 | 19700 | ||||
| $22,301 - $25,300 | -- | 1,092 | 1,368 | 1,866 | 2,358 | 2,676 | 19701 | ||||
| $25,301 - $30,300 | -- | 816 | 1,092 | 1,368 | 1,866 | 2,358 | 19702 | ||||
| $30,301 - $35,300 | -- | 492 | 540 | 672 | 816 | 1,314 | 19703 |
| For a full-time student who is a dependent and enrolled in an | 19704 |
| educational institution that holds a certificate of registration | 19705 |
| from the state board of career colleges and schools or a private | 19706 |
| institution exempt from regulation under Chapter 3332. of the | 19707 |
| Revised Code as prescribed in section 3333.046 of the Revised | 19708 |
| Code, the amount of the instructional grant for two semesters, | 19709 |
| three quarters, or a comparable portion of the academic year shall | 19710 |
| be determined in accordance with the following table: | 19711 |
| 19712 |
| 19713 |
| Maximum Grant $4,632 | 19714 | ||
| Gross Income | Number of Dependents | 19715 |
| 1 | 2 | 3 | 4 | 5 or more | 19716 |
| $0 - $15,000 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 19717 | ||||||
| $15,001 - $16,000 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 19718 | ||||||
| $16,001 - $17,000 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 19719 | ||||||
| $17,001 - $18,000 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 19720 | ||||||
| $18,001 - $19,000 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 19721 | ||||||
| $19,001 - $22,000 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 19722 | ||||||
| $22,001 - $25,000 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 19723 | ||||||
| $25,001 - $28,000 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 19724 | ||||||
| $28,001 - $31,000 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 19725 | ||||||
| $31,001 - $32,000 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 19726 | ||||||
| $32,001 - $33,000 | 852 | 906 | 1,134 | 1,416 | 1,854 | 19727 | ||||||
| $33,001 - $34,000 | 750 | 852 | 906 | 1,134 | 1,416 | 19728 | ||||||
| $34,001 - $35,000 | 372 | 750 | 852 | 906 | 1,134 | 19729 | ||||||
| $35,001 - $36,000 | -- | 372 | 750 | 852 | 906 | 19730 | ||||||
| $36,001 - $37,000 | -- | -- | 372 | 750 | 852 | 19731 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 372 | 750 | 19732 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 372 | 19733 |
| For a full-time student who is financially independent and | 19734 |
| enrolled in an educational institution that holds a certificate of | 19735 |
| registration from the state board of career colleges and schools | 19736 |
| or a private institution exempt from regulation under Chapter | 19737 |
| 3332. of the Revised Code as prescribed in section 3333.046 of the | 19738 |
| Revised Code, the amount of the instructional grant for two | 19739 |
| semesters, three quarters, or a comparable portion of the academic | 19740 |
| year shall be determined in accordance with the following table: | 19741 |
| 19742 |
| 19743 |
| Maximum Grant $4,632 | 19744 | ||
| Gross Income | Number of Dependents | 19745 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 19746 |
| $0 - $4,800 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 19747 | ||||
| $4,801 - $5,300 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 4,632 | 19748 | ||||
| $5,301 - $5,800 | 3,684 | 4,410 | 4,632 | 4,632 | 4,632 | 4,632 | 19749 | ||||
| $5,801 - $6,300 | 3,222 | 4,158 | 4,410 | 4,632 | 4,632 | 4,632 | 19750 | ||||
| $6,301 - $6,800 | 2,790 | 3,930 | 4,158 | 4,410 | 4,632 | 4,632 | 19751 | ||||
| $6,801 - $7,300 | 2,292 | 3,714 | 3,930 | 4,158 | 4,410 | 4,632 | 19752 | ||||
| $7,301 - $8,300 | 1,854 | 3,462 | 3,714 | 3,930 | 4,158 | 4,410 | 19753 | ||||
| $8,301 - $9,300 | 1,416 | 3,246 | 3,462 | 3,714 | 3,930 | 4,158 | 19754 | ||||
| $9,301 - $10,300 | 1,134 | 3,024 | 3,246 | 3,462 | 3,714 | 3,930 | 19755 | ||||
| $10,301 - $11,800 | 906 | 2,886 | 3,024 | 3,246 | 3,462 | 3,714 | 19756 | ||||
| $11,801 - $13,300 | 852 | 2,772 | 2,886 | 3,024 | 3,246 | 3,462 | 19757 | ||||
| $13,301 - $14,800 | 750 | 2,742 | 2,772 | 2,886 | 3,024 | 3,246 | 19758 | ||||
| $14,801 - $16,300 | 372 | 2,466 | 2,742 | 2,772 | 2,886 | 3,024 | 19759 | ||||
| $16,301 - $19,300 | -- | 1,800 | 2,220 | 2,520 | 2,772 | 2,886 | 19760 | ||||
| $19,301 - $22,300 | -- | 1,146 | 1,584 | 1,986 | 2,268 | 2,544 | 19761 | ||||
| $22,301 - $25,300 | -- | 930 | 1,146 | 1,584 | 1,986 | 2,268 | 19762 | ||||
| $25,301 - $30,300 | -- | 708 | 930 | 1,146 | 1,584 | 1,986 | 19763 | ||||
| $30,301 - $35,300 | -- | 426 | 456 | 570 | 708 | 1,116 | 19764 |
| For a full-time student who is a dependent and enrolled in a | 19765 |
| state-assisted educational institution, the amount of the | 19766 |
| instructional grant for two semesters, three quarters, or a | 19767 |
| comparable portion of the academic year shall be determined in | 19768 |
| accordance with the following table: | 19769 |
| 19770 |
| 19771 |
| Maximum Grant $2,190 | 19772 | ||
| Gross Income | Number of Dependents | 19773 |
| 1 | 2 | 3 | 4 | 5 or more | 19774 |
| $0 - $15,000 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 19775 | ||||||
| $15,001 - $16,000 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 19776 | ||||||
| $16,001 - $17,000 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 19777 | ||||||
| $17,001 - $18,000 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 19778 | ||||||
| $18,001 - $19,000 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 19779 | ||||||
| $19,001 - $22,000 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 19780 | ||||||
| $22,001 - $25,000 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 19781 | ||||||
| $25,001 - $28,000 | 648 | 864 | 1,080 | 1,320 | 1,542 | 19782 | ||||||
| $28,001 - $31,000 | 522 | 648 | 864 | 1,080 | 1,320 | 19783 | ||||||
| $31,001 - $32,000 | 420 | 522 | 648 | 864 | 1,080 | 19784 | ||||||
| $32,001 - $33,000 | 384 | 420 | 522 | 648 | 864 | 19785 | ||||||
| $33,001 - $34,000 | 354 | 384 | 420 | 522 | 648 | 19786 | ||||||
| $34,001 - $35,000 | 174 | 354 | 384 | 420 | 522 | 19787 | ||||||
| $35,001 - $36,000 | -- | 174 | 354 | 384 | 420 | 19788 | ||||||
| $36,001 - $37,000 | -- | -- | 174 | 354 | 384 | 19789 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 174 | 354 | 19790 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 174 | 19791 |
| For a full-time student who is financially independent and | 19792 |
| enrolled in a state-assisted educational institution, the amount | 19793 |
| of the instructional grant for two semesters, three quarters, or a | 19794 |
| comparable portion of the academic year shall be determined in | 19795 |
| accordance with the following table: | 19796 |
| 19797 |
| 19798 |
| Maximum Grant $2,190 | 19799 | ||
| Gross Income | Number of Dependents | 19800 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 19801 |
| $0 - $4,800 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 19802 | |||||
| $4,801 - $5,300 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 2,190 | 19803 | |||||
| $5,301 - $5,800 | 1,740 | 2,082 | 2,190 | 2,190 | 2,190 | 2,190 | 19804 | |||||
| $5,801 - $6,300 | 1,542 | 1,968 | 2,082 | 2,190 | 2,190 | 2,190 | 19805 | |||||
| $6,301 - $6,800 | 1,320 | 1,866 | 1,968 | 2,082 | 2,190 | 2,190 | 19806 | |||||
| $6,801 - $7,300 | 1,080 | 1,758 | 1,866 | 1,968 | 2,082 | 2,190 | 19807 | |||||
| $7,301 - $8,300 | 864 | 1,638 | 1,758 | 1,866 | 1,968 | 2,082 | 19808 | |||||
| $8,301 - $9,300 | 648 | 1,530 | 1,638 | 1,758 | 1,866 | 1,968 | 19809 | |||||
| $9,301 - $10,300 | 522 | 1,422 | 1,530 | 1,638 | 1,758 | 1,866 | 19810 | |||||
| $10,301 - $11,800 | 420 | 1,356 | 1,422 | 1,530 | 1,638 | 1,758 | 19811 | |||||
| $11,801 - $13,300 | 384 | 1,308 | 1,356 | 1,422 | 1,530 | 1,638 | 19812 | |||||
| $13,301 - $14,800 | 354 | 1,290 | 1,308 | 1,356 | 1,422 | 1,530 | 19813 | |||||
| $14,801 - $16,300 | 174 | 1,164 | 1,290 | 1,308 | 1,356 | 1,422 | 19814 | |||||
| $16,301 - $19,300 | -- | 858 | 1,050 | 1,182 | 1,308 | 1,356 | 19815 | |||||
| $19,301 - $22,300 | -- | 540 | 750 | 948 | 1,062 | 1,200 | 19816 | |||||
| $22,301 - $25,300 | -- | 432 | 540 | 750 | 948 | 1,062 | 19817 | |||||
| $25,301 - $30,300 | -- | 324 | 432 | 540 | 750 | 948 | 19818 | |||||
| $30,301 - $35,300 | -- | 192 | 210 | 264 | 324 | 522 | 19819 |
| (D) For a full-time student enrolled in an eligible | 19820 |
| institution for a semester or quarter in addition to the portion | 19821 |
| of the academic year covered by a grant determined under division | 19822 |
| (C) of this section, the maximum grant amount shall be a | 19823 |
| percentage of the maximum prescribed in the applicable table of | 19824 |
| that division. The maximum grant for a fourth quarter shall be | 19825 |
| one-third of the maximum amount prescribed under that division. | 19826 |
| The maximum grant for a third semester shall be one-half of the | 19827 |
| maximum amount prescribed under that division. | 19828 |
| (E) No grant shall be made to any student in a course of | 19829 |
| study in theology, religion, or other field of preparation for a | 19830 |
| religious profession unless such course of study leads to an | 19831 |
| accredited bachelor of arts, bachelor of science, associate of | 19832 |
| arts, or associate of science degree. | 19833 |
| (F)(1) Except as provided in division (F)(2) of this section, | 19834 |
| no grant shall be made to any student for enrollment during a | 19835 |
| fiscal year in an institution with a cohort default rate | 19836 |
| determined by the United States secretary of education pursuant to | 19837 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 19838 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 19839 |
| preceding the fiscal year, equal to or greater than thirty per | 19840 |
| cent for each of the preceding two fiscal years. | 19841 |
| (2) Division (F)(1) of this section does not apply to the | 19842 |
| following: | 19843 |
| (a) Any student enrolled in an institution that under the | 19844 |
| federal law appeals its loss of eligibility for federal financial | 19845 |
| aid and the United States secretary of education determines its | 19846 |
| cohort default rate after recalculation is lower than the rate | 19847 |
| specified in division (F)(1) of this section or the secretary | 19848 |
| determines due to mitigating circumstances the institution may | 19849 |
| continue to participate in federal financial aid programs. The | 19850 |
| board shall adopt rules requiring institutions to provide | 19851 |
| information regarding an appeal to the board. | 19852 |
| (b) Any student who has previously received a grant under | 19853 |
| this section who meets all other requirements of this section. | 19854 |
| (3) The board shall adopt rules for the notification of all | 19855 |
| institutions whose students will be ineligible to participate in | 19856 |
| the grant program pursuant to division (F)(1) of this section. | 19857 |
| (4) A student's attendance at an institution whose students | 19858 |
| lose eligibility for grants under division (F)(1) of this section | 19859 |
| shall not affect that student's eligibility to receive a grant | 19860 |
| when enrolled in another institution. | 19861 |
| (G) Institutions of higher education that enroll students | 19862 |
| receiving instructional grants under this section shall report to | 19863 |
| the board all students who have received instructional grants but | 19864 |
| are no longer eligible for all or part of such grants and shall | 19865 |
| refund any moneys due the state within thirty days after the | 19866 |
| beginning of the quarter or term immediately following the quarter | 19867 |
| or term in which the student was no longer eligible to receive all | 19868 |
| or part of the student's grant. There shall be an interest charge | 19869 |
| of one per cent per month on all moneys due and payable after such | 19870 |
| thirty-day period. The board shall immediately notify the office | 19871 |
| of budget and management and the legislative service commission of | 19872 |
| all refunds so received. | 19873 |
| Sec. 3333.121. There is hereby established in the state | 19874 |
| treasury the | 19875 |
| reconciliation fund, which shall consist of refunds of | 19876 |
| instructional grant payments made pursuant to section 3333.12 of | 19877 |
| the Revised Code and refunds of state need-based financial aid | 19878 |
| payments made pursuant to section 3333.122 of the Revised Code. | 19879 |
| Revenues credited to the fund shall be used by the Ohio board of | 19880 |
| regents to pay to higher education institutions any outstanding | 19881 |
| obligations from the prior year owed for the Ohio instructional | 19882 |
| grant program and the Ohio college opportunity grant program that | 19883 |
| are identified through the annual reconciliation and financial | 19884 |
| audit. Any amount in the fund that is in excess of the amount | 19885 |
| certified to the director of budget and management by the board of | 19886 |
| regents as necessary to reconcile prior year payments under the | 19887 |
| program shall be transferred to the general revenue fund. | 19888 |
| Sec. 3333.122. (A) As used in this section: | 19889 |
| (1) "Eligible student" means a student who is: | 19890 |
| (a) An Ohio resident who first enrolls in an undergraduate | 19891 |
| program after July 1, 2006; | 19892 |
| (b) Enrolled in either of the following: | 19893 |
| (i) An accredited institution of higher education in this | 19894 |
| state that meets the requirements of Title VI of the Civil Rights | 19895 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 19896 |
| certificate of authorization from the Ohio board of regents | 19897 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 19898 |
| of registration from the state board of career colleges and | 19899 |
| schools and program authorization to award an associate or | 19900 |
| bachelor's degree, or is a private institution exempt from | 19901 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 19902 |
| in section 3333.046 of the Revised Code. Students who attend an | 19903 |
| institution that holds a certificate of registration shall be | 19904 |
| enrolled in a program leading to an associate or bachelor's degree | 19905 |
| for which associate or bachelor's degree program the institution | 19906 |
| has program authorization issued under section 3332.05 of the | 19907 |
| Revised Code. | 19908 |
| (ii) A technical education program of at least two years | 19909 |
| duration sponsored by a private institution of higher education in | 19910 |
| this state that meets the requirements of Title VI of the Civil | 19911 |
| Rights Act of 1964. | 19912 |
| (2) A student who participated in either the early college | 19913 |
| high school program administered by the department of education or | 19914 |
| in the post-secondary enrollment options program pursuant to | 19915 |
| Chapter 3365. of the Revised Code before July 1, 2006, shall not | 19916 |
| be excluded from eligibility for a need based grant under this | 19917 |
| section. | 19918 |
| (3) "Resident," "expected family contribution" or "EFC," | 19919 |
| "full-time student," "three-quarters-time student," "half-time | 19920 |
| student," "one-quarter-time student," and "accredited" shall be | 19921 |
| defined by rules adopted by the board. | 19922 |
| (B) The Ohio board of regents shall establish and administer | 19923 |
| a needs-based financial aid program based on the United States | 19924 |
| department of education's method of determining financial need and | 19925 |
| may adopt rules to carry out this section. The program shall be | 19926 |
| known as the Ohio college opportunity grant program. The general | 19927 |
| assembly shall support the needs-based financial aid program by | 19928 |
| such sums and in such manner as it may provide, but the board may | 19929 |
| also receive funds from other sources to support the program. If | 19930 |
| the amounts available for support of the program are inadequate to | 19931 |
| provide grants to all eligible students, preference in the payment | 19932 |
| of grants shall be given in terms of expected family contribution, | 19933 |
| beginning with the lowest expected family contribution category | 19934 |
| and proceeding upward by category to the highest expected family | 19935 |
| contribution category. | 19936 |
| A needs-based financial aid grant shall be paid to an | 19937 |
| eligible student through the institution in which the student is | 19938 |
| enrolled, except that no needs-based financial aid grant shall be | 19939 |
| paid to any person serving a term of imprisonment. Applications | 19940 |
| for such grants shall be made as prescribed by the board, and such | 19941 |
| applications may be made in conjunction with and upon the basis of | 19942 |
| information provided in conjunction with student assistance | 19943 |
| programs funded by agencies of the United States government or | 19944 |
| from financial resources of the institution of higher education. | 19945 |
| The institution shall certify that the student applicant meets the | 19946 |
| requirements set forth in divisions (A)(1)(a) and (b) of this | 19947 |
| section. Needs-based financial aid grants shall be provided to an | 19948 |
| eligible student only as long as the student is making appropriate | 19949 |
| progress toward a nursing diploma or an associate or bachelor's | 19950 |
| degree. No student shall be eligible to receive a grant for more | 19951 |
| than ten semesters, fifteen quarters, or the equivalent of five | 19952 |
| academic years. A grant made to an eligible student on the basis | 19953 |
| of less than full-time enrollment shall be based on the number of | 19954 |
| credit hours for which the student is enrolled and shall be | 19955 |
| computed in accordance with a formula adopted by the board. No | 19956 |
| student shall receive more than one grant on the basis of less | 19957 |
| than full-time enrollment. | 19958 |
| A needs-based financial aid grant shall not exceed the total | 19959 |
| instructional and general charges of the institution. | 19960 |
| (C) The tables in this division prescribe the maximum grant | 19961 |
| amounts covering two semesters, three quarters, or a comparable | 19962 |
| portion of one academic year. Grant amounts for additional terms | 19963 |
| in the same academic year shall be determined under division (D) | 19964 |
| of this section. | 19965 |
| As used in the tables in division (C) of this section: | 19966 |
| (1) "Private institution" means an institution that is | 19967 |
| nonprofit and has a certificate of authorization from the Ohio | 19968 |
| board of regents pursuant to Chapter 1713. of the Revised Code. | 19969 |
| (2) "Career college" means either an institution that holds a | 19970 |
| certificate of registration from the state board of career | 19971 |
| colleges and schools or a private institution exempt from | 19972 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 19973 |
| in section 3333.046 of the Revised Code. | 19974 |
| Full-time students shall be eligible to receive awards | 19975 |
| according to the following table: | 19976 |
| 19977 |
| 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: | 19978 | ||||||
| $2,101 | $2,190 | $300 | $600 | $480 | 19979 | ||||||
| 2,001 | 2,100 | 402 | 798 | 642 | 19980 | ||||||
| 1,901 | 2,000 | 498 | 1,002 | 798 | 19981 | ||||||
| 1,801 | 1,900 | 600 | 1,200 | 960 | 19982 | ||||||
| 1,701 | 1,800 | 702 | 1,398 | 1,122 | 19983 | ||||||
| 1,601 | 1,700 | 798 | 1,602 | 1,278 | 19984 | ||||||
| 1,501 | 1,600 | 900 | 1,800 | 1,440 | 19985 | ||||||
| 1,401 | 1,500 | 1,002 | 1,998 | 1,602 | 19986 | ||||||
| 1,301 | 1,400 | 1,098 | 2,202 | 1,758 | 19987 | ||||||
| 1,201 | 1,300 | 1,200 | 2,400 | 1,920 | 19988 | ||||||
| 1,101 | 1,200 | 1,302 | 2,598 | 2,082 | 19989 | ||||||
| 1,001 | 1,100 | 1,398 | 2,802 | 2,238 | 19990 | ||||||
| 901 | 1,000 | 1,500 | 3,000 | 2,400 | 19991 | ||||||
| 801 | 900 | 1,602 | 3,198 | 2,562 | 19992 | ||||||
| 701 | 800 | 1,698 | 3,402 | 2,718 | 19993 | ||||||
| 601 | 700 | 1,800 | 3,600 | 2,280 | 19994 | ||||||
| 501 | 600 | 1,902 | 3,798 | 3,042 | 19995 | ||||||
| 401 | 500 | 1,998 | 4,002 | 3,198 | 19996 | ||||||
| 301 | 400 | 2,100 | 4,200 | 3,360 | 19997 | ||||||
| 201 | 300 | 2,202 | 4,398 | 3,522 | 19998 | ||||||
| 101 | 200 | 2,298 | 4,602 | 3,678 | 19999 | ||||||
| 1 | 100 | 2,400 | 4,800 | 3,840 | 20000 | ||||||
| 0 | 0 | 2,496 | 4,992 | 3,996 | 20001 |
| Three-quarters-time students shall be eligible to receive | 20002 |
| awards according to the following table: | 20003 |
| 20004 |
| 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: | 20005 | ||||||
| $2,101 | $2,190 | $228 | $450 | $360 | 20006 | ||||||
| 2,001 | 2,100 | 300 | 600 | 480 | 20007 | ||||||
| 1,901 | 2,000 | 372 | 750 | 600 | 20008 | ||||||
| 1,801 | 1,900 | 450 | 900 | 720 | 20009 | ||||||
| 1,701 | 1,800 | 528 | 1,050 | 840 | 20010 | ||||||
| 1,601 | 1,700 | 600 | 1,200 | 960 | 20011 | ||||||
| 1,501 | 1,600 | 678 | 1,350 | 1,080 | 20012 | ||||||
| 1,401 | 1,500 | 750 | 1,500 | 1,200 | 20013 | ||||||
| 1,301 | 1,400 | 822 | 1,650 | 1,320 | 20014 | ||||||
| 1,201 | 1,300 | 900 | 1,800 | 1,440 | 20015 | ||||||
| 1,101 | 1,200 | 978 | 1,950 | 1,560 | 20016 | ||||||
| 1,001 | 1,100 | 1,050 | 2,100 | 1,680 | 20017 | ||||||
| 901 | 1,000 | 1,128 | 2,250 | 1,800 | 20018 | ||||||
| 801 | 900 | 1,200 | 2,400 | 1,920 | 20019 | ||||||
| 701 | 800 | 1,272 | 2,550 | 2,040 | 20020 | ||||||
| 601 | 700 | 1,350 | 2,700 | 2,160 | 20021 | ||||||
| 501 | 600 | 1,428 | 2,850 | 2,280 | 20022 | ||||||
| 401 | 500 | 1,500 | 3,000 | 2,400 | 20023 | ||||||
| 301 | 400 | 1,578 | 3,150 | 2,520 | 20024 | ||||||
| 201 | 300 | 1,650 | 3,300 | 2,640 | 20025 | ||||||
| 101 | 200 | 1,722 | 3,450 | 2,760 | 20026 | ||||||
| 1 | 100 | 1,800 | 3,600 | 2,880 | 20027 | ||||||
| 0 | 0 | 1,872 | 3,744 | 3,000 | 20028 |
| Half-time students shall be eligible to receive awards | 20029 |
| according to the following table: | 20030 |
| 20031 |
| 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: | 20032 | ||||||
| $2,101 | $2,190 | $150 | $300 | $240 | 20033 | ||||||
| 2,001 | 2,100 | 204 | 402 | 324 | 20034 | ||||||
| 1,901 | 2,000 | 252 | 504 | 402 | 20035 | ||||||
| 1,801 | 1,900 | 300 | 600 | 480 | 20036 | ||||||
| 1,701 | 1,800 | 354 | 702 | 564 | 20037 | ||||||
| 1,601 | 1,700 | 402 | 804 | 642 | 20038 | ||||||
| 1,501 | 1,600 | 450 | 900 | 720 | 20039 | ||||||
| 1,401 | 1,500 | 504 | 1,002 | 804 | 20040 | ||||||
| 1,301 | 1,400 | 552 | 1,104 | 882 | 20041 | ||||||
| 1,201 | 1,300 | 600 | 1,200 | 960 | 20042 | ||||||
| 1,101 | 1,200 | 654 | 1,302 | 1,044 | 20043 | ||||||
| 1,001 | 1,100 | 702 | 1,404 | 1,122 | 20044 | ||||||
| 901 | 1,000 | 750 | 1,500 | 1,200 | 20045 | ||||||
| 801 | 900 | 804 | 1,602 | 1,284 | 20046 | ||||||
| 701 | 800 | 852 | 1,704 | 1,362 | 20047 | ||||||
| 601 | 700 | 900 | 1,800 | 1,440 | 20048 | ||||||
| 501 | 600 | 954 | 1,902 | 1,524 | 20049 | ||||||
| 401 | 500 | 1,002 | 2,004 | 1,602 | 20050 | ||||||
| 301 | 400 | 1,050 | 2,100 | 1,680 | 20051 | ||||||
| 201 | 300 | 1,104 | 2,202 | 1,764 | 20052 | ||||||
| 101 | 200 | 1,152 | 2,304 | 1,842 | 20053 | ||||||
| 1 | 100 | 1,200 | 2,400 | 1,920 | 20054 | ||||||
| 0 | 0 | 1,248 | 2,496 | 1,998 | 20055 |
| One-quarter-time students shall be eligible to receive awards | 20056 |
| according to the following table: | 20057 |
| 20058 |
| 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: | 20059 | ||||||
| $2,101 | $2,190 | $78 | $150 | $120 | 20060 | ||||||
| 2,001 | 2,100 | 102 | 198 | 162 | 20061 | ||||||
| 1,901 | 2,000 | 126 | 252 | 198 | 20062 | ||||||
| 1,801 | 1,900 | 150 | 300 | 240 | 20063 | ||||||
| 1,701 | 1,800 | 174 | 348 | 282 | 20064 | ||||||
| 1,601 | 1,700 | 198 | 402 | 318 | 20065 | ||||||
| 1,501 | 1,600 | 228 | 450 | 360 | 20066 | ||||||
| 1,401 | 1,500 | 252 | 498 | 402 | 20067 | ||||||
| 1,301 | 1,400 | 276 | 552 | 438 | 20068 | ||||||
| 1,201 | 1,300 | 300 | 600 | 480 | 20069 | ||||||
| 1,101 | 1,200 | 324 | 648 | 522 | 20070 | ||||||
| 1,001 | 1,100 | 348 | 702 | 558 | 20071 | ||||||
| 901 | 1,000 | 378 | 750 | 600 | 20072 | ||||||
| 801 | 900 | 402 | 798 | 642 | 20073 | ||||||
| 701 | 800 | 426 | 852 | 678 | 20074 | ||||||
| 601 | 700 | 450 | 900 | 720 | 20075 | ||||||
| 501 | 600 | 474 | 948 | 762 | 20076 | ||||||
| 401 | 500 | 498 | 1,002 | 798 | 20077 | ||||||
| 301 | 400 | 528 | 1,050 | 840 | 20078 | ||||||
| 201 | 300 | 552 | 1,098 | 882 | 20079 | ||||||
| 101 | 200 | 576 | 1,152 | 918 | 20080 | ||||||
| 1 | 100 | 600 | 1,200 | 960 | 20081 | ||||||
| 0 | 0 | 624 | 1,248 | 1,002 | 20082 |
| (D) For a full-time student enrolled in an eligible | 20083 |
| institution for a semester or quarter in addition to the portion | 20084 |
| of the academic year covered by a grant determined under division | 20085 |
| (C) of this section, the maximum grant amount shall be a | 20086 |
| percentage of the maximum prescribed in the applicable table of | 20087 |
| that division. The maximum grant for a fourth quarter shall be | 20088 |
| one-third of the maximum amount prescribed under that division. | 20089 |
| The maximum grant for a third semester shall be one-half of the | 20090 |
| maximum amount prescribed under that division. | 20091 |
| (E) No grant shall be made to any student in a course of | 20092 |
| study in theology, religion, or other field of preparation for a | 20093 |
| religious profession unless such course of study leads to an | 20094 |
| accredited bachelor of arts, bachelor of science, associate of | 20095 |
| arts, or associate of science degree. | 20096 |
| (F)(1) Except as provided in division (F)(2) of this section, | 20097 |
| no grant shall be made to any student for enrollment during a | 20098 |
| fiscal year in an institution with a cohort default rate | 20099 |
| determined by the United States secretary of education pursuant to | 20100 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 20101 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 20102 |
| preceding the fiscal year, equal to or greater than thirty per | 20103 |
| cent for each of the preceding two fiscal years. | 20104 |
| (2) Division (F)(1) of this section does not apply to the | 20105 |
| following: | 20106 |
| (a) Any student enrolled in an institution that under the | 20107 |
| federal law appeals its loss of eligibility for federal financial | 20108 |
| aid and the United States secretary of education determines its | 20109 |
| cohort default rate after recalculation is lower than the rate | 20110 |
| specified in division (F)(1) of this section or the secretary | 20111 |
| determines due to mitigating circumstances the institution may | 20112 |
| continue to participate in federal financial aid programs. The | 20113 |
| board shall adopt rules requiring institutions to provide | 20114 |
| information regarding an appeal to the board. | 20115 |
| (b) Any student who has previously received a grant under | 20116 |
| this section who meets all other requirements of this section. | 20117 |
| (3) The board shall adopt rules for the notification of all | 20118 |
| institutions whose students will be ineligible to participate in | 20119 |
| the grant program pursuant to division (F)(1) of this section. | 20120 |
| (4) A student's attendance at an institution whose students | 20121 |
| lose eligibility for grants under division (F)(1) of this section | 20122 |
| shall not affect that student's eligibility to receive a grant | 20123 |
| when enrolled in another institution. | 20124 |
| (G) Institutions of higher education that enroll students | 20125 |
| receiving needs-based financial aid grants under this section | 20126 |
| shall report to the board all students who have received | 20127 |
| needs-based financial aid grants but are no longer eligible for | 20128 |
| all or part of such grants and shall refund any moneys due the | 20129 |
| state within thirty days after the beginning of the quarter or | 20130 |
| term immediately following the quarter or term in which the | 20131 |
| student was no longer eligible to receive all or part of the | 20132 |
| student's grant. There shall be an interest charge of one per cent | 20133 |
| per month on all moneys due and payable after such thirty-day | 20134 |
| period. The board shall immediately notify the office of budget | 20135 |
| and management and the legislative service commission of all | 20136 |
| refunds so received. | 20137 |
| Sec. 3333.162. (A) As used in this section, "state | 20138 |
| institution of higher education" means an institution of higher | 20139 |
| education as defined in section 3345.12 of the Revised Code. | 20140 |
| (B) By April 15, 2007, the Ohio board of regents, in | 20141 |
| consultation with the department of education, public adult | 20142 |
| career-technical education institutions, and institutions of | 20143 |
| higher education, shall establish policies and procedures that | 20144 |
| ensure that students can transfer technical courses completed | 20145 |
| through an adult career-technical education institution to any | 20146 |
| state institution of higher education without unnecessary | 20147 |
| duplication or institutional barriers. The courses to which the | 20148 |
| policies and procedures apply shall reflect recognized industry | 20149 |
| standards and equivalent coursework common to the secondary and | 20150 |
| adult career-technical education system and regionally accredited | 20151 |
| state institutions of higher education that shall be recognized by | 20152 |
| all state institutions of higher education. Where applicable, the | 20153 |
| policies and procedures shall build upon the articulation | 20154 |
| agreement and transfer initiative course equivalency system | 20155 |
| required by section 3333.16 of the Revised Code. | 20156 |
| (C) By April 15, 2006, the board shall report to the general | 20157 |
| assembly on its progress in establishing these policies and | 20158 |
| procedures. | 20159 |
| Sec. 3333.27. As used in this section: | 20160 |
| (A) "Eligible institution" means a nonprofit Ohio institution | 20161 |
| of higher education that holds a certificate of authorization | 20162 |
| issued under section 1713.02 of the Revised Code and meets the | 20163 |
| requirements of Title VI of the Civil Rights Act of 1964. | 20164 |
| (B) "Resident" and "full-time student" have the meanings | 20165 |
| established for purposes of this section by rule of the Ohio board | 20166 |
| of regents. | 20167 |
| The board shall establish and administer a student choice | 20168 |
| grant program and shall adopt rules for the administration of the | 20169 |
| program. | 20170 |
| The board may make a grant to any resident of this state who | 20171 |
| is enrolled as a full-time student in a bachelor's degree program | 20172 |
| at an eligible institution and maintains an academic record that | 20173 |
| meets or exceeds the standard established pursuant to this section | 20174 |
| by rule of the board, except that no grant shall be made to any | 20175 |
| individual who was enrolled as a student in an institution of | 20176 |
| higher education on or before July 1, 1984, or is serving a term | 20177 |
| of imprisonment. The grant shall not exceed the lesser of the | 20178 |
| total instructional and general charges of the institution in | 20179 |
| which the student is enrolled, or an amount equal to one-fourth of | 20180 |
| the total of any state instructional subsidy amount distributed by | 20181 |
| the board in the second fiscal year of the preceding biennium for | 20182 |
| all full-time students enrolled in bachelor's degree programs at | 20183 |
| four-year state-assisted institutions of higher education divided | 20184 |
| by the sum of the actual number of full-time students enrolled in | 20185 |
| bachelor's degree programs at four-year state-assisted | 20186 |
| institutions of higher education reported to the board for such | 20187 |
| year by the institutions to which the subsidy was distributed. | 20188 |
| The board shall prescribe the form and manner of application | 20189 |
| for grants including the manner of certification by eligible | 20190 |
| institutions that each applicant from such institution is enrolled | 20191 |
| in a bachelor's degree program as a full-time student and has an | 20192 |
| academic record that meets or exceeds the standard established by | 20193 |
| the board. | 20194 |
| A grant awarded to an eligible student shall be paid to the | 20195 |
| institution in which the student is enrolled, and the institution | 20196 |
| shall reduce the student's instructional and general charges by | 20197 |
| the amount of the grant. Each grant awarded shall be prorated and | 20198 |
| paid in equal installments at the time of enrollment for each term | 20199 |
| of the academic year for which the grant is awarded. No student | 20200 |
| shall be eligible to receive a grant for more than ten semesters, | 20201 |
| fifteen quarters, or the equivalent of five academic years. | 20202 |
| The receipt of an Ohio student choice grant shall not affect | 20203 |
| a student's eligibility for assistance, or the amount of such | 20204 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 20205 |
| 3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised | 20206 |
| Code. If a student receives assistance under one or more of such | 20207 |
| sections, the student choice grant made to the student shall not | 20208 |
| exceed the difference between the amount of assistance received | 20209 |
| under such sections and the total instructional and general | 20210 |
| charges of the institution in which the student is enrolled. | 20211 |
| The general assembly shall support the student choice grant | 20212 |
| program by such sums and in such manner as it may provide, but the | 20213 |
| board may also receive funds from other sources to support the | 20214 |
| program. | 20215 |
| No grant shall be made to any student enrolled in a course of | 20216 |
| study leading to a degree in theology, religion, or other field of | 20217 |
| preparation for a religious profession unless the course of study | 20218 |
| leads to an accredited bachelor of arts or bachelor of science | 20219 |
| degree. | 20220 |
| Institutions of higher education that enroll students | 20221 |
| receiving grants under this section shall report to the board the | 20222 |
| name of each student who has received such a grant but who is no | 20223 |
| longer eligible for all or part of such grant and shall refund all | 20224 |
| moneys due to the state within thirty days after the beginning of | 20225 |
| the term immediately following the term in which the student was | 20226 |
| no longer eligible to receive all or part of the grant. There | 20227 |
| shall be an interest charge of one per cent per month on all | 20228 |
| moneys due and payable after such thirty-day period. The board | 20229 |
| shall immediately notify the office of budget and management and | 20230 |
| 20231 | |
| commission of all refunds received. | 20232 |
| Sec. 3333.28. (A) The Ohio board of regents shall establish | 20233 |
| the nurse education assistance program, the purpose of which shall | 20234 |
| be to make loans to students enrolled in prelicensure nurse | 20235 |
| education programs at institutions approved by the board of | 20236 |
| nursing under section 4723.06 of the Revised Code and | 20237 |
| postlicensure nurse education programs approved by the board of | 20238 |
| regents under section 3333.04 of the Revised Code or offered by an | 20239 |
| institution holding a certificate of authorization issued by the | 20240 |
| board of regents under Chapter 1713. of the Revised Code. The | 20241 |
| board of nursing shall assist the board of regents in | 20242 |
| administering the program. | 20243 |
| (B) There is hereby created in the state treasury the nurse | 20244 |
| education assistance fund, which shall consist of all money | 20245 |
| transferred to it pursuant to section 4743.05 of the Revised Code. | 20246 |
| The fund shall be used by the board of regents for loans made | 20247 |
| under division (A) of this section and for expenses of | 20248 |
| administering the loan program. | 20249 |
| (C) The board of regents shall adopt rules in accordance with | 20250 |
| Chapter 119. of the Revised Code establishing: | 20251 |
| (1) Eligibility criteria for receipt of a loan; | 20252 |
| (2) Loan application procedures; | 20253 |
| (3) The amounts in which loans may be made and the total | 20254 |
| amount that may be loaned to an individual; | 20255 |
| (4) The total amount of loans that can be made each year; | 20256 |
| (5) The percentage of the money in the fund that must remain | 20257 |
| in the fund at all times as a fund balance; | 20258 |
| (6) Interest and principal repayment schedules; | 20259 |
| (7) Conditions under which a portion of principal and | 20260 |
| interest obligations incurred by an individual under the program | 20261 |
| will be forgiven; | 20262 |
| (8) Ways that the program may be used to encourage | 20263 |
| individuals who are members of minority groups to enter the | 20264 |
| nursing profession; | 20265 |
| (9) Any other matters incidental to the operation of the | 20266 |
| program. | 20267 |
| (D) The obligation to repay a portion of the principal and | 20268 |
| interest on a loan made under this section shall be forgiven if | 20269 |
| the recipient of the loan meets the criteria for forgiveness | 20270 |
| established by the board of regents by rule adopted under division | 20271 |
| (C)(7) of this section. | 20272 |
| (E) The receipt of a loan under this section shall not affect | 20273 |
| a student's eligibility for assistance, or the amount of that | 20274 |
| assistance, granted under section 3333.12, 3333.122, 3333.22, | 20275 |
| 3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised | 20276 |
| Code, but the rules of the board of regents may provide for taking | 20277 |
| assistance received under those sections into consideration when | 20278 |
| determining a student's eligibility for a loan under this section. | 20279 |
| Sec. 3333.38. (A) As used in this section: | 20280 |
| (1) "Institution of higher education" includes all of the | 20281 |
| following: | 20282 |
| (a) A state institution of higher education, as defined in | 20283 |
| section 3345.011 of the Revised Code; | 20284 |
| (b) A nonprofit institution issued a certificate of | 20285 |
| authorization by the Ohio board of regents under Chapter 1713. of | 20286 |
| the Revised Code; | 20287 |
| (c) A private institution exempt from regulation under | 20288 |
| Chapter 3332. of the Revised Code, as prescribed in section | 20289 |
| 3333.046 of the Revised Code; | 20290 |
| (d) An institution of higher education with a certificate of | 20291 |
| registration from the state board of career colleges and schools | 20292 |
| under Chapter 3332. of the Revised Code. | 20293 |
| (2) "Student financial assistance supported by state funds" | 20294 |
| includes assistance granted under sections 3315.33, 3333.12, | 20295 |
| 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, | 20296 |
| 5910.03, 5910.032, and 5919.34 of the Revised Code and any other | 20297 |
| post-secondary student financial assistance supported by state | 20298 |
| funds. | 20299 |
| (B) An individual who is convicted of, pleads guilty to, or | 20300 |
| is adjudicated a delinquent child for one of the following | 20301 |
| violations shall be ineligible to receive any student financial | 20302 |
| assistance supported by state funds at an institution of higher | 20303 |
| education for two calendar years from the time the individual | 20304 |
| applies for assistance of that nature: | 20305 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 20306 |
| Code; | 20307 |
| (2) A violation of section 2917.04 of the Revised Code that | 20308 |
| is a misdemeanor of the fourth degree; | 20309 |
| (3) A violation of section 2917.13 of the Revised Code that | 20310 |
| is a misdemeanor of the fourth or first degree and occurs within | 20311 |
| the proximate area where four or more others are acting in a | 20312 |
| course of conduct in violation of section 2917.11 of the Revised | 20313 |
| Code. | 20314 |
| (C) If an individual is convicted of, pleads guilty to, or is | 20315 |
| adjudicated a delinquent child for committing a violation of | 20316 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 20317 |
| individual is enrolled in a state-supported institution of higher | 20318 |
| education, the institution in which the individual is enrolled | 20319 |
| shall immediately dismiss the individual. No state-supported | 20320 |
| institution of higher education shall admit an individual of that | 20321 |
| nature for one academic year after the individual applies for | 20322 |
| admission to a state-supported institution of higher education. | 20323 |
| This division does not limit or affect the ability of a | 20324 |
| state-supported institution of higher education to suspend or | 20325 |
| otherwise discipline its students. | 20326 |
| Sec. 3334.01. As used in this chapter: | 20327 |
| (A) "Aggregate original principal amount" means the aggregate | 20328 |
| of the initial offering prices to the public of college savings | 20329 |
| bonds, exclusive of accrued interest, if any. "Aggregate original | 20330 |
| principal amount" does not mean the aggregate accreted amount | 20331 |
| payable at maturity or redemption of such bonds. | 20332 |
| (B) "Beneficiary" means: | 20333 |
| (1) An individual designated by the purchaser under a tuition | 20334 |
| payment contract or through a scholarship program as the | 20335 |
|
individual on whose behalf tuition | 20336 |
| the contract or awarded through the scholarship program will be | 20337 |
| applied toward the payment of undergraduate, graduate, or | 20338 |
| professional tuition; or | 20339 |
| (2) An individual designated by the contributor under a | 20340 |
| variable college savings program contract as the individual whose | 20341 |
| tuition and other higher education expenses will be paid from a | 20342 |
| variable college savings program account. | 20343 |
| (C) "Capital appreciation bond" means a bond for which the | 20344 |
| following is true: | 20345 |
| (1) The principal amount is less than the amount payable at | 20346 |
| maturity or early redemption; and | 20347 |
| (2) No interest is payable on a current basis. | 20348 |
| (D) "Tuition | 20349 |
| trust authority purchased under section 3334.09 of the Revised | 20350 |
| Code. "Tuition unit" includes a tuition credit purchased prior to | 20351 |
| July 1, 1994. | 20352 |
| (E) "College savings bonds" means revenue and other | 20353 |
| obligations issued on behalf of the state or any agency or issuing | 20354 |
| authority thereof as a zero-coupon or capital appreciation bond, | 20355 |
| and designated as college savings bonds as provided in this | 20356 |
| chapter. "College savings bond issue" means any issue of bonds of | 20357 |
| which any part has been designated as college savings bonds. | 20358 |
| (F) "Institution of higher education" means a state | 20359 |
| institution of higher education, a private college, university, or | 20360 |
| other postsecondary institution located in this state that | 20361 |
| possesses a certificate of authorization issued by the Ohio board | 20362 |
| of regents pursuant to Chapter 1713. of the Revised Code or a | 20363 |
| certificate of registration issued by the state board of career | 20364 |
| colleges and schools under Chapter 3332. of the Revised Code, or | 20365 |
| an accredited college, university, or other postsecondary | 20366 |
| institution located outside this state that is accredited by an | 20367 |
| accrediting organization or professional association recognized by | 20368 |
| the authority. To be considered an institution of higher | 20369 |
| education, an institution shall meet the definition of an eligible | 20370 |
| educational institution under section 529 of the Internal Revenue | 20371 |
| Code. | 20372 |
| (G) "Issuing authority" means any authority, commission, | 20373 |
| body, agency, or individual empowered by the Ohio Constitution or | 20374 |
| the Revised Code to issue bonds or any other debt obligation of | 20375 |
| the state or any agency or department thereof. "Issuer" means the | 20376 |
| issuing authority or, if so designated under division (B) of | 20377 |
| section 3334.04 of the Revised Code, the treasurer of state. | 20378 |
| (H) "Tuition" means the charges imposed to attend an | 20379 |
| institution of higher education as an undergraduate, graduate, or | 20380 |
| professional student and all fees required as a condition of | 20381 |
| enrollment, as determined by the Ohio tuition trust authority. | 20382 |
| "Tuition" does not include laboratory fees, room and board, or | 20383 |
| other similar fees and charges. | 20384 |
| (I) "Weighted average tuition" means the tuition cost | 20385 |
| resulting from the following calculation: | 20386 |
| (1) Add the products of the annual undergraduate tuition | 20387 |
| charged to Ohio residents at each four-year state university | 20388 |
| multiplied by that institution's total number of undergraduate | 20389 |
| fiscal year equated students; and | 20390 |
| (2) Divide the gross total of the products from division | 20391 |
| (I)(1) of this section by the total number of undergraduate fiscal | 20392 |
| year equated students attending four-year state universities. | 20393 |
| When making this calculation, the "annual undergraduate | 20394 |
| tuition charged to Ohio residents" shall not incorporate any | 20395 |
| tuition reductions that vary in amount among individual recipients | 20396 |
| and that are awarded to Ohio residents based upon their particular | 20397 |
| circumstances, beyond any minimum amount awarded uniformly to all | 20398 |
| Ohio residents. In addition, any tuition reductions awarded | 20399 |
| uniformly to all Ohio residents shall be incorporated into this | 20400 |
| calculation. | 20401 |
| (J) "Zero-coupon bond" means a bond which has a stated | 20402 |
| interest rate of zero per cent and on which no interest is payable | 20403 |
| until the maturity or early redemption of the bond, and is offered | 20404 |
| at a substantial discount from its original stated principal | 20405 |
| amount. | 20406 |
| (K) "State institution of higher education" includes the | 20407 |
| state universities listed in section 3345.011 of the Revised Code, | 20408 |
| community colleges created pursuant to Chapter 3354. of the | 20409 |
| Revised Code, university branches created pursuant to Chapter | 20410 |
| 3355. of the Revised Code, technical colleges created pursuant to | 20411 |
| Chapter 3357. of the Revised Code, state community colleges | 20412 |
| created pursuant to Chapter 3358. of the Revised Code, the medical | 20413 |
| college of Ohio at Toledo, and the northeastern Ohio universities | 20414 |
| college of medicine. | 20415 |
| (L) "Four-year state university" means those state | 20416 |
| universities listed in section 3345.011 of the Revised Code. | 20417 |
| (M) "Principal amount" refers to the initial offering price | 20418 |
| to the public of an obligation, exclusive of the accrued interest, | 20419 |
| if any. "Principal amount" does not refer to the aggregate | 20420 |
| accreted amount payable at maturity or redemption of an | 20421 |
| obligation. | 20422 |
| (N) "Scholarship program" means a program registered with the | 20423 |
| Ohio tuition trust authority pursuant to section 3334.17 of the | 20424 |
| Revised Code. | 20425 |
| (O) "Internal Revenue Code" means the "Internal Revenue Code | 20426 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 20427 |
| (P) "Other higher education expenses" means room and board | 20428 |
| and books, supplies, equipment, and nontuition-related fees | 20429 |
| associated with the cost of attendance of a beneficiary at an | 20430 |
| institution of higher education, but only to the extent that such | 20431 |
| expenses meet the definition of "qualified higher education | 20432 |
| expenses" under section 529 of the Internal Revenue Code. "Other | 20433 |
| higher education expenses" does not include tuition as defined in | 20434 |
| division (H) of this section. | 20435 |
| (Q) "Purchaser" means the person signing the tuition payment | 20436 |
|
contract, who controls
the account and acquires tuition | 20437 |
| units for an account under the terms and conditions of the | 20438 |
| contract. | 20439 |
| (R) "Contributor" means a person who signs a variable college | 20440 |
| savings program contract with the Ohio tuition trust authority and | 20441 |
| contributes to and owns the account created under the contract. | 20442 |
| (S) "Contribution" means any payment directly allocated to an | 20443 |
| account for the benefit of the designated beneficiary of the | 20444 |
| account. | 20445 |
| Sec. 3334.02. (A) In order to help make higher education | 20446 |
| affordable and accessible to all citizens of Ohio, to maintain | 20447 |
| state institutions of higher education by helping to provide a | 20448 |
| stable financial base to these institutions, to provide the | 20449 |
| citizens of Ohio with financing assistance for higher education | 20450 |
| and protection against rising tuition costs, to encourage saving | 20451 |
| to enhance the ability of citizens of Ohio to obtain financial | 20452 |
| access to institutions of higher education, to encourage | 20453 |
| elementary and secondary students in this state to achieve | 20454 |
| academic excellence, and to promote a well-educated and | 20455 |
| financially secure population to the ultimate benefit of all | 20456 |
| citizens of the state of Ohio, there is hereby created the Ohio | 20457 |
| college savings program. The program shall consist of the issuance | 20458 |
|
of college savings bonds and the sale of tuition
| 20459 |
| 20460 |
| (B) The provisions of Chapter 1707. of the Revised Code shall | 20461 |
| not apply to tuition
| 20462 |
| related thereto. | 20463 |
| (C) To provide the citizens of Ohio with a choice of | 20464 |
| tax-advantaged college savings programs and the opportunity to | 20465 |
| participate in more than one type of college savings program at a | 20466 |
| time, the Ohio tuition trust authority shall establish and | 20467 |
| administer a variable college savings program as a qualified state | 20468 |
| tuition program under section 529 of the Internal Revenue Code. | 20469 |
| The program shall allow contributors to make cash contributions to | 20470 |
| variable college savings program accounts created for the purpose | 20471 |
| of paying future tuition and other higher education expenses and | 20472 |
| providing variable rates of return on contributions. | 20473 |
| (D) A person may participate simultaneously in both the Ohio | 20474 |
| college savings program and the variable college savings program. | 20475 |
| Sec. 3334.03. (A) There is hereby created the Ohio tuition | 20476 |
| trust authority, which shall have the powers enumerated in this | 20477 |
| chapter and which shall operate as a qualified state tuition | 20478 |
| program within the meaning of section 529 of the Internal Revenue | 20479 |
| Code. The exercise by the authority of its powers shall be and is | 20480 |
| hereby declared an essential state governmental function. The | 20481 |
| authority is subject to all provisions of law generally applicable | 20482 |
| to state agencies which do not conflict with the provisions of | 20483 |
| this chapter. | 20484 |
| (B) The Ohio tuition trust authority shall consist of eleven | 20485 |
| members, no more than six of whom shall be of the same political | 20486 |
| party. Six members shall be appointed by the governor with the | 20487 |
| advice and consent of the senate as follows: one shall represent | 20488 |
| state institutions of higher education, one shall represent | 20489 |
| private nonprofit colleges and universities located in Ohio, one | 20490 |
| shall have experience in the field of marketing or public | 20491 |
| relations, one shall have experience in the field of information | 20492 |
| systems design or management, and two shall have experience in the | 20493 |
| field of banking, investment banking, insurance, or law. Four | 20494 |
| members shall be appointed by the speaker of the house of | 20495 |
| representatives and the president of the senate as follows: the | 20496 |
| speaker of the house of representatives shall appoint one member | 20497 |
| of the house from each political party and the president of the | 20498 |
| senate shall appoint one member of the senate from each political | 20499 |
| party. The chancellor of the board of regents shall be an ex | 20500 |
| officio voting member; provided, however, that the chancellor may | 20501 |
| designate a vice-chancellor of the board of regents to serve as | 20502 |
| the chancellor's representative. The political party of the | 20503 |
| chancellor shall be deemed the political party of the designee for | 20504 |
| purposes of determining that no more than six members are of the | 20505 |
| same political party. | 20506 |
| Initial gubernatorial appointees to the authority shall serve | 20507 |
| staggered terms, with two terms expiring on January 31, 1991, one | 20508 |
| term expiring on January 31, 1992, and one term expiring on | 20509 |
| January 31, 1993. The governor shall appoint two additional | 20510 |
|
members to the authority no later than thirty days after
| 20511 |
| 20512 | |
| terms shall expire January 31, 2002. Thereafter, terms of office | 20513 |
| for gubernatorial appointees shall be for four years. The initial | 20514 |
| terms of the four legislative members shall expire on January 31, | 20515 |
| 1991. Thereafter legislative members shall serve two-year terms, | 20516 |
| provided that legislative members may continue to serve on the | 20517 |
| authority only if they remain members of the general assembly. | 20518 |
| Any vacancy on the authority shall be filled in the same manner as | 20519 |
| the original appointment, except that any person appointed to fill | 20520 |
| a vacancy shall be appointed to the remainder of the unexpired | 20521 |
| term. Any member is eligible for reappointment. | 20522 |
| (C) Any member may be removed by the appointing authority for | 20523 |
| misfeasance, malfeasance, or willful neglect of duty or for other | 20524 |
| cause after notice and a public hearing, unless the notice and | 20525 |
| hearing are waived in writing by the member. Members shall serve | 20526 |
| without compensation but shall receive their reasonable and | 20527 |
| necessary expenses incurred in the conduct of authority business. | 20528 |
| (D) The speaker of the house of representatives and the | 20529 |
| president of the senate shall each designate a member of the | 20530 |
| authority to serve as co-chairpersons. The six gubernatorial | 20531 |
| appointees and the chancellor of the board of regents or the | 20532 |
| chancellor's designee shall serve as the executive committee of | 20533 |
| the authority, and shall elect an executive chairperson from among | 20534 |
| the executive committee members. The authority and the executive | 20535 |
| committee may elect such other officers as determined by the | 20536 |
| authority or the executive committee respectively. The authority | 20537 |
| shall meet at least annually at the call of either co-chairperson | 20538 |
| and at such other times as either co-chairperson or the authority | 20539 |
| determines necessary. In the absence of both co-chairpersons, the | 20540 |
| executive chairperson shall serve as the presiding officer of the | 20541 |
| authority. The executive committee shall meet at the call of the | 20542 |
| executive chairperson or as the executive committee determines | 20543 |
| necessary. The authority may delegate to the executive committee | 20544 |
| such duties and responsibilities as the authority determines | 20545 |
| appropriate, except that the authority may not delegate to the | 20546 |
| executive committee the final determination of the annual price of | 20547 |
|
a tuition
| 20548 |
| savings bonds, or the employment of an executive director of the | 20549 |
| authority. Upon such delegation, the executive committee shall | 20550 |
| have the authority to act pursuant to such delegation without | 20551 |
| further approval or action by the authority. A majority of the | 20552 |
| authority shall constitute a quorum of the authority, and the | 20553 |
| affirmative vote of a majority of the members present shall be | 20554 |
| necessary for any action taken by the authority. A majority of the | 20555 |
| executive committee shall constitute a quorum of the executive | 20556 |
| committee, and the affirmative vote of a majority of the members | 20557 |
| present shall be necessary for any action taken by the executive | 20558 |
| committee. No vacancy in the membership of the authority or the | 20559 |
| executive committee shall impair the rights of a quorum to | 20560 |
| exercise all rights and perform all duties of the authority or the | 20561 |
| executive committee respectively. | 20562 |
| Sec. 3334.07. (A) The Ohio tuition trust authority shall | 20563 |
| develop a plan for the sale of tuition | 20564 |
| board of regents shall cooperate with the authority and provide | 20565 |
| technical assistance upon request. | 20566 |
| (B) Annually, the authority shall determine the weighted | 20567 |
| average tuition of four-year state universities in the academic | 20568 |
| year that begins on or after the first day of August of the | 20569 |
| current calendar year, and shall establish the price of a tuition | 20570 |
| 20571 | |
| on sound actuarial principles, and shall, to the extent | 20572 |
| actuarially possible, reasonably approximate one per cent of the | 20573 |
| weighted average tuition for that academic year plus the costs of | 20574 |
|
administering the | 20575 |
| general revenue fund appropriations for administrative costs. The | 20576 |
| sales period to which such price applies shall consist of twelve | 20577 |
| months, and the authority by rule shall establish the date on | 20578 |
| which the sales period begins. If circumstances arise during a | 20579 |
| sales period that the authority determines causes the price of | 20580 |
| tuition | 20581 |
| soundness of the Ohio tuition trust fund, the authority may adjust | 20582 |
| the price of tuition | 20583 |
| of the sales period. To promote the purchase of
tuition | 20584 |
| units and in accordance with actuarially sound principles, the | 20585 |
| authority may adjust the sales price as part of incentive | 20586 |
| programs, such as discounting for | 20587 |
| multi-year installment plans at a fixed rate of purchase. | 20588 |
| Sec. 3334.08. (A) Subject to division (B) of this section, | 20589 |
| in addition to any other powers conferred by this chapter, the | 20590 |
| Ohio tuition trust authority may do any of the following: | 20591 |
| (1) Impose reasonable residency requirements for | 20592 |
|
beneficiaries of tuition | 20593 |
| (2) Impose reasonable limits on the number of tuition
| 20594 |
| unit participants; | 20595 |
| (3) Impose and collect administrative fees and charges in | 20596 |
| connection with any transaction under this chapter; | 20597 |
| (4) Purchase insurance from insurers licensed to do business | 20598 |
| in this state providing for coverage against any loss in | 20599 |
| connection with the authority's property, assets, or activities or | 20600 |
| to further ensure the value of tuition | 20601 |
| (5) Indemnify or purchase policies of insurance on behalf of | 20602 |
| members, officers, and employees of the authority from insurers | 20603 |
| licensed to do business in this state providing for coverage for | 20604 |
| any liability incurred in connection with any civil action, | 20605 |
| demand, or claim against a director, officer, or employee by | 20606 |
| reason of an act or omission by the director, officer, or employee | 20607 |
| that was not manifestly outside the scope of the employment or | 20608 |
| official duties of the director, officer, or employee or with | 20609 |
| malicious purpose, in bad faith, or in a wanton or reckless | 20610 |
| manner; | 20611 |
| (6) Make, execute, and deliver contracts, conveyances, and | 20612 |
| other instruments necessary to the exercise and discharge of the | 20613 |
| powers and duties of the authority; | 20614 |
| (7) Promote, advertise, and publicize the Ohio college | 20615 |
| savings program and the variable college savings program; | 20616 |
| (8) Adopt rules under section 111.15 of the Revised Code for | 20617 |
| the implementation of the Ohio college savings program; | 20618 |
| (9) Contract, for the provision of all or part of the | 20619 |
| services necessary for the management and operation of the Ohio | 20620 |
| college savings program and the variable college savings program, | 20621 |
| with a bank, trust company, savings and loan association, | 20622 |
| insurance company, or licensed dealer in securities if the bank, | 20623 |
| company, association, or dealer is authorized to do business in | 20624 |
| this state and information about the contract is filed with the | 20625 |
| controlling board pursuant to division (D)(6) of section 127.16 of | 20626 |
| the Revised Code; | 20627 |
| (10) Contract for other services, or for goods, needed by the | 20628 |
| authority in the conduct of its business, including but not | 20629 |
| limited to credit card services; | 20630 |
| (11) Employ an executive director and other personnel as | 20631 |
| necessary to carry out its responsibilities under this chapter, | 20632 |
| and fix the compensation of these persons. All employees of the | 20633 |
| authority shall be in the unclassified civil service and shall be | 20634 |
| eligible for membership in the public employees retirement system. | 20635 |
| (12) Contract with financial consultants, actuaries, | 20636 |
| auditors, and other consultants as necessary to carry out its | 20637 |
| responsibilities under this chapter; | 20638 |
| (13) Enter into agreements with any agency of the state or | 20639 |
| its political subdivisions or with private employers under which | 20640 |
| an employee may agree to have a designated amount deducted in each | 20641 |
| payroll period from the wages or salary due the employee for the | 20642 |
| purpose of purchasing tuition | 20643 |
| payment contract or making contributions pursuant to a variable | 20644 |
| college savings program contract; | 20645 |
| (14) Enter into an agreement with the treasurer of state | 20646 |
| under which the treasurer of state will receive, and credit to the | 20647 |
| Ohio tuition trust fund or variable college savings program fund, | 20648 |
| from any bank or savings and loan association authorized to do | 20649 |
| business in this state, amounts that a depositor of the bank or | 20650 |
| association authorizes the bank or association to withdraw | 20651 |
| periodically from the depositor's account for the purpose of | 20652 |
| purchasing tuition | 20653 |
| contract or making contributions pursuant to a variable college | 20654 |
| savings program contract; | 20655 |
| (15) Solicit and accept gifts, grants, and loans from any | 20656 |
| person or governmental agency and participate in any governmental | 20657 |
| program; | 20658 |
| (16) Impose limits
on the number of | 20659 |
| be purchased on behalf of or assigned or awarded to any | 20660 |
| beneficiary and on the total amount of contributions that may be | 20661 |
| made on behalf of a beneficiary; | 20662 |
| (17) Impose restrictions on the substitution of another | 20663 |
| individual for the original beneficiary under the Ohio college | 20664 |
| savings program; | 20665 |
| (18) Impose a limit on the age of a beneficiary, above which | 20666 |
| tuition | 20667 |
| beneficiary; | 20668 |
| (19) Enter into a cooperative agreement with the treasurer of | 20669 |
| state to provide for the direct disbursement of payments under | 20670 |
| tuition payment or variable college savings program contracts; | 20671 |
| (20) Determine the other higher education expenses for which | 20672 |
|
tuition | 20673 |
| (21) Terminate any tuition payment or variable college | 20674 |
| savings program contract if no purchases or contributions are made | 20675 |
| for a period of three years or more and there are fewer than a | 20676 |
| total of five tuition units | 20677 |
| dollar amount set by rule on account, provided that notice of a | 20678 |
| possible termination shall be provided in advance, explaining any | 20679 |
| options to prevent termination, and a reasonable amount of time | 20680 |
| shall be provided within which to act to prevent a termination; | 20681 |
| (22) Maintain a separate account for each tuition payment or | 20682 |
| variable college savings program contract; | 20683 |
| (23) Perform all acts necessary and proper to carry out the | 20684 |
| duties and responsibilities of the authority pursuant to this | 20685 |
| chapter. | 20686 |
| (B) The authority shall adopt rules under section 111.15 of | 20687 |
| the Revised Code for the implementation and administration of the | 20688 |
| variable college savings program. The rules shall provide | 20689 |
| taxpayers with the maximum tax advantages and flexibility | 20690 |
| consistent with section 529 of the Internal Revenue Code and | 20691 |
| regulations adopted thereunder with regard to disposition of | 20692 |
| contributions and earnings, designation of beneficiaries, and | 20693 |
| rollover of account assets to other programs. | 20694 |
| (C) Except as otherwise specified in this chapter, the | 20695 |
| provisions of Chapters 123., 125., and 4117. of the Revised Code | 20696 |
| shall not apply to the authority. The department of administrative | 20697 |
| services shall, upon the request of the authority, act as the | 20698 |
| authority's agent for the purchase of equipment, supplies, | 20699 |
| insurance, or services, or the performance of administrative | 20700 |
| services pursuant to Chapter 125. of the Revised Code. | 20701 |
| Sec. 3334.09. (A) Except in the case of a scholarship | 20702 |
| program established in accordance with section 3334.17 of the | 20703 |
| Revised Code, the Ohio tuition trust authority may enter into a | 20704 |
| tuition payment contract with any person for the purchase of | 20705 |
| tuition | 20706 |
| is a resident of this state at the time the contract is entered | 20707 |
| into. A tuition payment contract shall allow any person to | 20708 |
| purchase tuition | 20709 |
| authority pursuant to section 3334.07 or 3334.12 of the Revised | 20710 |
|
Code for the year in which the tuition | 20711 |
| The purchaser shall name in the payment contract one specific | 20712 |
| individual as the beneficiary
for the tuition | 20713 |
| In accordance with rules of the authority, | 20714 |
| be transferred to the credit of another beneficiary and a new | 20715 |
| beneficiary may be substituted for the beneficiary originally | 20716 |
| named in the contract. | 20717 |
| (B) Each tuition | 20718 |
| an amount equal to one per cent of the weighted average tuition. | 20719 |
| (C) Nothing in this chapter or in any tuition payment | 20720 |
| contract entered into pursuant to this chapter shall be construed | 20721 |
| as a guarantee by the state, the authority, or any institution of | 20722 |
| higher education that a beneficiary will be admitted to an | 20723 |
| institution of higher education, or, upon admission to an | 20724 |
| institution of higher education, will be permitted to continue to | 20725 |
| attend or will receive a degree from an institution of higher | 20726 |
| education. Nothing in this chapter or in any tuition payment | 20727 |
| contract entered into pursuant to this chapter shall be considered | 20728 |
| a guarantee that the beneficiary's cost of tuition at an | 20729 |
| institution of higher education other than a state institution of | 20730 |
| higher education will be covered in full by the proceeds of the | 20731 |
| beneficiary's tuition | 20732 |
| (D) The following information shall be disclosed in writing | 20733 |
| to each purchaser of tuition | 20734 |
| to each entity establishing a scholarship program under section | 20735 |
| 3334.17 of the Revised Code: | 20736 |
| (1) The terms and conditions for the purchase and use of | 20737 |
| tuition | 20738 |
| (2) In the case of a contract described by division (A) of | 20739 |
| this section, any restrictions on the substitution of another | 20740 |
| individual for the original beneficiary and any restrictions on | 20741 |
|
the transfer of ownership of | 20742 |
| (3) The person or entity entitled to terminate the contract; | 20743 |
| (4) The terms and conditions under which the contract may be | 20744 |
| terminated and the amount of the refund, if any, to which the | 20745 |
| person or entity terminating the contract, or that person's or | 20746 |
| entity's designee, is entitled upon termination; | 20747 |
| (5) The obligation of the authority to make payments to a | 20748 |
| beneficiary, or an institution of higher education on behalf of a | 20749 |
| beneficiary, under division (B) of this section based upon the | 20750 |
|
number of tuition | 20751 |
| beneficiary or awarded to the beneficiary pursuant to a | 20752 |
| scholarship program; | 20753 |
| (6) The method by which tuition | 20754 |
| applied toward payment of tuition and other higher education | 20755 |
| expenses if in any academic term the beneficiary is a part-time | 20756 |
| student; | 20757 |
| (7) The period of time during which a beneficiary may receive | 20758 |
| benefits under the contract; | 20759 |
| (8) The terms and conditions under which money may be wholly | 20760 |
| or partially withdrawn from the program, including, but not | 20761 |
| limited to, any reasonable charges and fees that may be imposed | 20762 |
| for withdrawal; | 20763 |
| (9) All other rights and obligations of the purchaser and the | 20764 |
| authority, including the provisions of division (A) of section | 20765 |
| 3334.12 of the Revised Code, and any other terms, conditions, and | 20766 |
| provisions the authority considers necessary and appropriate. | 20767 |
| (E) A tuition payment contract may provide that the authority | 20768 |
| will pay directly to the institution of higher education in which | 20769 |
| a beneficiary is enrolled during a term the amount represented by | 20770 |
| the tuition | 20771 |
| (F) A tuition payment contract described by division (A) of | 20772 |
| this section may provide that if the contract has not been | 20773 |
| terminated or | 20774 |
| been applied toward the payment of tuition or other higher | 20775 |
| education expenses within a specified period of time, the | 20776 |
| authority may, after making a reasonable effort to locate the | 20777 |
| purchaser of the tuition | 20778 |
| person designated in the contract to act on behalf of the | 20779 |
| purchaser of the | 20780 |
| contract and retain the amounts payable under the contract. | 20781 |
| (G) If, at any time after tuition | 20782 |
| on behalf of a beneficiary or awarded to a beneficiary or pursuant | 20783 |
| to a scholarship program, the beneficiary becomes a nonresident of | 20784 |
| this state, or, if the beneficiary was not a resident of this | 20785 |
| state at the time the tuition payment contract was entered into, | 20786 |
| the purchaser becomes a nonresident of this state,
| 20787 |
| purchased or awarded while the beneficiary was a resident may be | 20788 |
| applied on behalf of the beneficiary toward the payment of tuition | 20789 |
| at an institution of higher education and other higher education | 20790 |
| expenses in the manner specified in division (B) of this section, | 20791 |
| except that if the beneficiary enrolls in a state institution of | 20792 |
| higher education, the beneficiary shall be responsible for payment | 20793 |
| of all nonresident fees charged to out-of-state residents by the | 20794 |
| institution in which the beneficiary is enrolled. | 20795 |
| Sec. 3334.10. Divisions (A) | 20796 |
| section do not apply to scholarship programs established under | 20797 |
| section 3334.17 of the Revised Code. | 20798 |
| (A) Unless otherwise provided for in the
| 20799 |
|
payment
contract | 20800 |
| 20801 | |
| 20802 |
| | 20803 |
| 20804 |
| | 20805 |
| 20806 | |
| 20807 | |
| 20808 |
| | 20809 |
| 20810 |
| | 20811 |
| 20812 |
| | 20813 |
| 20814 |
| | 20815 |
| 20816 | |
| , the purchaser may rollover amounts to another qualified tuition | 20817 |
| program under section 529 of the Internal Revenue Code or | 20818 |
| terminate the contract for any reason by filing written notice | 20819 |
| with the Ohio tuition trust authority. | 20820 |
| (1)
| 20821 |
| 20822 | |
| under eighteen years of age, the authority shall use actuarially | 20823 |
| sound principles to determine the
amount of
the refund | 20824 |
| 20825 | |
| 20826 | |
| 20827 | |
| 20828 | |
| 20829 | |
| 20830 | |
| 20831 | |
| 20832 |
| (2)
| 20833 |
| the contract is terminated because of the death or permanent | 20834 |
| disability of the beneficiary, the amount of the refund shall be | 20835 |
| equal to the greater of the following: | 20836 |
| (a) One per cent of the weighted average tuition in the | 20837 |
| academic year the refund is paid, multiplied by the number of | 20838 |
|
tuition
| 20839 |
| (b) The total purchase price of all tuition
| 20840 |
| purchased for the beneficiary and not used. | 20841 |
| (3) | 20842 |
| 20843 | |
| 20844 |
| | 20845 |
| | 20846 |
| 20847 | |
| 20848 | |
| 20849 | |
| 20850 | |
| part of the amount accrued under the contract is liquidated for a | 20851 |
| rollover to another qualified tuition program under section 529 of | 20852 |
| the Internal Revenue Code, the rollover amount shall be determined | 20853 |
| in an actuarially sound manner. | 20854 |
| | 20855 |
|
contributor of a variable college
savings program
account may
| 20856 |
| 20857 | |
| program under section 529 of the Internal Revenue Code or | 20858 |
| terminate the
| 20859 |
| 20860 | |
| 20861 | |
| 20862 | |
| 20863 |
| | 20864 |
| 20865 | |
| 20866 | |
| authority. | 20867 |
| | 20868 |
|
may
receive | 20869 |
| 20870 | |
| 20871 | |
| 20872 | |
| 20873 | |
| 20874 |
| | 20875 |
| 20876 | |
| 20877 | |
| 20878 | |
| 20879 | |
| 20880 | |
| 20881 |
| | 20882 |
| 20883 | |
| 20884 | |
| 20885 |
| | 20886 |
| refund of
tuition
| 20887 |
| 20888 | |
| request with the authority. The refund shall be paid to the entity | 20889 |
| that established the scholarship program or, with that entity's | 20890 |
| approval, to the authority if this is authorized by federal tax | 20891 |
| law. The amount of any refund shall be determined by the authority | 20892 |
| and shall meet the requirements for refunds made on account of | 20893 |
| scholarships under section 529 of the Internal Revenue Code. | 20894 |
| | 20895 |
| 20896 | |
| 20897 | |
| 20898 | |
| 20899 | |
| 20900 | |
| 20901 | |
| 20902 | |
| 20903 | |
| 20904 | |
| 20905 | |
| 20906 | |
| 20907 | |
| 20908 | |
| 20909 | |
| 20910 | |
| 20911 |
| | 20912 |
| 20913 | |
| 20914 | |
| 20915 | |
| 20916 | |
| 20917 | |
| 20918 | |
| 20919 | |
| 20920 | |
| 20921 | |
| 20922 | |
| 20923 | |
| 20924 | |
| 20925 |
| | 20926 |
| each variable college savings contract entered into pursuant to | 20927 |
| division (A) of section 3334.18 of the Revised Code for | 20928 |
| contributions made on behalf of a beneficiary, showing the name of | 20929 |
| the beneficiary of that contract and the amount of contributions | 20930 |
| made pursuant to that contract. Upon request of any beneficiary or | 20931 |
| contributor, the authority shall provide a statement indicating, | 20932 |
| in the case of a beneficiary, the amount of contributions made | 20933 |
| pursuant to that contract on behalf of the beneficiary, or, in the | 20934 |
| case of a contributor, contributions made, disbursed, or refunded | 20935 |
| pursuant to that contract. | 20936 |
| Sec. 3334.11. (A) The assets of the Ohio tuition trust | 20937 |
| authority reserved for payment of the obligations of the authority | 20938 |
| pursuant to tuition payment contracts shall be placed in a fund, | 20939 |
| which is hereby created and shall be known as the Ohio tuition | 20940 |
| trust fund. The fund shall be in the custody of the treasurer of | 20941 |
| state, but shall not be part of the state treasury. That portion | 20942 |
| of payments received by the authority or the treasurer of state | 20943 |
| from persons purchasing tuition | 20944 |
| payment contracts that the authority determines is actuarially | 20945 |
| necessary for the payment of obligations of the authority pursuant | 20946 |
| to tuition payment contracts, all interest and investment income | 20947 |
| earned by the fund, and all other receipts of the authority from | 20948 |
| any other source that the authority determines appropriate, shall | 20949 |
| be deposited in the fund. No purchaser or beneficiary of tuition | 20950 |
| 20951 | |
| institution of higher education. All investment fees and other | 20952 |
| costs incurred in connection with the exercise of the investment | 20953 |
| powers of the authority pursuant to divisions (D) and (E) of this | 20954 |
| section shall be paid from the assets of the fund. | 20955 |
| (B) Unless otherwise provided by the authority, the assets of | 20956 |
| the Ohio tuition trust fund shall be expended in the following | 20957 |
| order: | 20958 |
| (1) To make payments to beneficiaries, or institutions of | 20959 |
| higher education on behalf of beneficiaries, under division (B) of | 20960 |
| section 3334.09 of the Revised Code; | 20961 |
| (2) To make refunds as provided in divisions | 20962 |
| 20963 |
| (3) To pay the investment fees and other costs of | 20964 |
| administering the fund. | 20965 |
| (C)(1) Except as may be provided in an agreement under | 20966 |
| division (A)(19) of section 3334.08 of the Revised Code, all | 20967 |
| disbursements from the Ohio tuition trust fund shall be made by | 20968 |
| the treasurer of state on order of a designee of the authority. | 20969 |
| (2) The treasurer of state shall deposit any portion of the | 20970 |
| Ohio tuition trust fund not needed for immediate use in the same | 20971 |
| manner as state funds are deposited. | 20972 |
| (D) The authority is the trustee of the Ohio tuition trust | 20973 |
| fund. The authority shall have full power to invest the assets of | 20974 |
| the fund and in exercising this power shall be subject to the | 20975 |
| limitations and requirements contained in divisions (K) to (M) of | 20976 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 20977 |
| The evidences of title of all investments shall be delivered to | 20978 |
| the treasurer of state or to a qualified trustee designated by the | 20979 |
| treasurer of state as provided in section 135.18 of the Revised | 20980 |
| Code. Assets of the fund shall be administered by the authority in | 20981 |
| a manner designed to be actuarially sound so that the assets of | 20982 |
| the fund will be sufficient to satisfy the obligations of the | 20983 |
| authority pursuant to tuition payment contracts and defray the | 20984 |
| reasonable expenses of administering the fund. | 20985 |
| (E) The public employees retirement board shall, with the | 20986 |
| approval of the authority, exercise the investment powers of the | 20987 |
| authority as set forth in division (D) of this section until the | 20988 |
| authority determines that assumption and exercise by the authority | 20989 |
| of the investment powers is financially and administratively | 20990 |
| feasible. The investment powers shall be exercised by the public | 20991 |
| employees retirement board in a manner agreed upon by the | 20992 |
| authority that maximizes the return on investment and minimizes | 20993 |
| the administrative expenses. | 20994 |
| (F)(1) The authority shall maintain a separate account for | 20995 |
| each tuition payment contract entered into pursuant to division | 20996 |
| (A) of section 3334.09 of the Revised Code for the purchase of | 20997 |
|
tuition | 20998 |
| showing the beneficiary or beneficiaries of that contract and the | 20999 |
|
number of tuition | 21000 |
| contract. Upon request of any beneficiary or person who has | 21001 |
| entered into a tuition payment contract, the authority shall | 21002 |
| provide a statement indicating, in the case of a beneficiary, the | 21003 |
| number of tuition
| 21004 |
| beneficiary, or in the case of a person who has entered into a | 21005 |
| tuition payment contract, the
number of tuition | 21006 |
| purchased, used, or refunded pursuant to that contract. A | 21007 |
| beneficiary and person that have entered into a tuition payment | 21008 |
| contract each may file only one request under this division in any | 21009 |
| year. | 21010 |
| (2) The authority shall maintain an account for each | 21011 |
|
scholarship program showing the number of tuition | 21012 |
| that have been purchased for or donated to the program and the | 21013 |
| number
of tuition | 21014 |
| request of the entity that established the scholarship program, | 21015 |
| the authority shall provide a statement indicating these numbers. | 21016 |
| (G) In addition to the Ohio tuition trust fund, there is | 21017 |
| hereby established a reserve fund that shall be in the custody of | 21018 |
| the treasurer of state but shall not be part of the state | 21019 |
| treasury, and shall be known as the Ohio tuition trust reserve | 21020 |
| fund, and an operating fund that shall be part of the state | 21021 |
| treasury, and shall be known as the Ohio tuition trust operating | 21022 |
| fund. That portion of payments received by the authority or the | 21023 |
|
treasurer of state from persons purchasing tuition | 21024 |
| under tuition payment contracts that the authority determines is | 21025 |
| not actuarially necessary for the payment of obligations of the | 21026 |
| authority pursuant to tuition payment contracts, any interest and | 21027 |
| investment income earned by the reserve fund, any administrative | 21028 |
| charges and fees imposed by the authority on transactions under | 21029 |
|
this chapter or on purchasers or beneficiaries of tuition
| 21030 |
| units, and all other receipts from any other source that the | 21031 |
| authority determines appropriate, shall be deposited in the | 21032 |
| reserve fund to pay the operating expenses of the authority and | 21033 |
| the costs of administering the program. The assets of the reserve | 21034 |
| fund may be invested in the same manner and subject to the same | 21035 |
| limitations set forth in divisions (D), (E), and (K) to (M) of | 21036 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 21037 |
| All investment fees and other costs incurred in connection with | 21038 |
| the exercise of the investment powers shall be paid from the | 21039 |
| assets of the reserve fund. Except as otherwise provided for in | 21040 |
| this chapter, all operating expenses of the authority and costs of | 21041 |
| administering the program shall be paid from the operating fund. | 21042 |
| The treasurer shall, upon request of the authority, transfer funds | 21043 |
| from the reserve fund to the operating fund as the authority | 21044 |
| determines appropriate to pay those current operating expenses of | 21045 |
| the authority and costs of administering the program as the | 21046 |
| authority designates. Any interest or investment income earned on | 21047 |
| the assets of the operating fund shall be deposited in the | 21048 |
| operating fund. | 21049 |
| (H) In January of each year the authority shall report to | 21050 |
| each person who received any payments or refunds from the | 21051 |
| authority during the preceding year information relative to the | 21052 |
| value of the payments or refunds to assist in determining that | 21053 |
| person's tax liability. | 21054 |
| (I) The authority shall report to the tax commissioner any | 21055 |
| information, and at the times, as the tax commissioner requires to | 21056 |
| determine any tax liability that a person may have incurred during | 21057 |
| the preceding year as a result of having received any payments or | 21058 |
| refunds from the authority. | 21059 |
| (J) All records of the authority indicating the identity of | 21060 |
| purchasers and beneficiaries of tuition | 21061 |
|
savings bonds, the number of tuition | 21062 |
| used, or refunded under a tuition payment contract, and the number | 21063 |
| of college savings bonds purchased, held, or redeemed are not | 21064 |
| public records within the meaning of section 149.43 of the Revised | 21065 |
| Code. | 21066 |
| (K) The authority and other fiduciaries shall discharge their | 21067 |
| duties with respect to the funds with care, skill, prudence, and | 21068 |
| diligence under the circumstances then prevailing that a prudent | 21069 |
| person acting in a like capacity and familiar with such matters | 21070 |
| would use in the conduct of an enterprise of a like character and | 21071 |
| with like aims; and by diversifying the investments of the assets | 21072 |
| of the funds so as to minimize the risk of large losses, unless | 21073 |
| under the circumstances it is clearly prudent not to do so. | 21074 |
| To facilitate investment of the funds, the authority may | 21075 |
| establish a partnership, trust, limited liability company, | 21076 |
| corporation, including a corporation exempt from taxation under | 21077 |
| the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 21078 |
| amended, or any other legal entity authorized to transact business | 21079 |
| in this state. | 21080 |
| (L) In exercising its fiduciary responsibility with respect | 21081 |
| to the investment of the assets of the funds, it shall be the | 21082 |
| intent of the authority to give consideration to investments that | 21083 |
| enhance the general welfare of the state and its citizens where | 21084 |
| the investments offer quality, return, and safety comparable to | 21085 |
| other investments currently available to the authority. In | 21086 |
| fulfilling this intent, equal consideration shall also be given to | 21087 |
| investments otherwise qualifying under this section that involve | 21088 |
| minority owned and controlled firms and firms owned and controlled | 21089 |
| by women, either alone or in joint venture with other firms. | 21090 |
| The authority shall adopt, in regular meeting, policies, | 21091 |
| objectives, or criteria for the operation of the investment | 21092 |
| program that include asset allocation targets and ranges, risk | 21093 |
| factors, asset class benchmarks, time horizons, total return | 21094 |
| objectives, and performance evaluation guidelines. In adopting | 21095 |
| policies and criteria for the selection of agents with whom the | 21096 |
| authority may contract for the administration of the assets of the | 21097 |
| funds, the authority shall give equal consideration to minority | 21098 |
| owned and controlled firms, firms owned and controlled by women, | 21099 |
| and ventures involving minority owned and controlled firms and | 21100 |
| firms owned and controlled by women that otherwise meet the | 21101 |
| policies and criteria established by the authority. Amendments and | 21102 |
| additions to the policies and criteria shall be adopted in regular | 21103 |
| meeting. The authority shall publish its policies, objectives, and | 21104 |
| criteria under this provision no less often than annually and | 21105 |
| shall make copies available to interested parties. | 21106 |
| When reporting on the performance of investments, the | 21107 |
| authority shall comply with the performance presentation standards | 21108 |
| established by the association for investment management and | 21109 |
| research. | 21110 |
| (M) All investments shall be purchased at current market | 21111 |
| prices and the evidences of title of the investments shall be | 21112 |
| placed in the hands of the treasurer of state, who is hereby | 21113 |
| designated as custodian thereof, or in the hands of the treasurer | 21114 |
| of state's authorized agent. The treasurer of state or the agent | 21115 |
| shall collect the principal, dividends, distributions, and | 21116 |
| interest thereon as they become due and payable and place them | 21117 |
| when so collected into the custodial funds. | 21118 |
| The treasurer of state shall pay for investments purchased by | 21119 |
| the authority on receipt of written or electronic instructions | 21120 |
| from the authority or the authority's designated agent authorizing | 21121 |
| the purchase and pending receipt of the evidence of title of the | 21122 |
| investment by the treasurer of state or the treasurer of state's | 21123 |
| authorized agent. The authority may sell investments held by the | 21124 |
| authority, and the treasurer of state or the treasurer of state's | 21125 |
| authorized agent shall accept payment from the purchaser and | 21126 |
| deliver evidence of title of the investment to the purchaser on | 21127 |
| receipt of written or electronic instructions from the authority | 21128 |
| or the authority's designated agent authorizing the sale, and | 21129 |
| pending receipt of the moneys for the investments. The amount | 21130 |
| received shall be placed in the custodial funds. The authority and | 21131 |
| the treasurer of state may enter into agreements to establish | 21132 |
| procedures for the purchase and sale of investments under this | 21133 |
| division and the custody of the investments. | 21134 |
| No purchase or sale of any investment shall be made under | 21135 |
| this section except as authorized by the authority. | 21136 |
| Any statement of financial position distributed by the | 21137 |
| authority shall include fair value, as of the statement date, of | 21138 |
| all investments held by the authority under this section. | 21139 |
| Sec. 3334.12. Notwithstanding anything to the contrary in | 21140 |
| sections 3334.07 and 3334.09 of the Revised Code: | 21141 |
| (A) Annually, the Ohio tuition trust authority shall have the | 21142 |
| actuarial soundness of the Ohio tuition trust fund evaluated by a | 21143 |
| nationally recognized actuary and shall determine whether | 21144 |
| additional assets are necessary to defray the obligations of the | 21145 |
| authority. If, after the authority sets the price for tuition | 21146 |
| 21147 | |
| determines necessitate an additional evaluation of the actuarial | 21148 |
| soundness of the fund, the executive director shall have a | 21149 |
| nationally recognized actuary conduct the necessary evaluation. If | 21150 |
| the assets of the fund are insufficient to ensure the actuarial | 21151 |
| soundness of the fund, the authority shall adjust the price of | 21152 |
|
subsequent purchases of tuition
| 21153 |
| necessary to help restore the actuarial soundness of the fund. If, | 21154 |
| at any time, the adjustment is likely, in the opinion of the | 21155 |
|
authority, to diminish the marketability of tuition | 21156 |
| to an
extent that the continued sale of the | 21157 |
| would not restore the actuarial soundness of the fund and external | 21158 |
| economic factors continue to negatively impact the soundness of | 21159 |
| the program, the authority may suspend sales, either permanently | 21160 |
| or temporarily, of tuition | 21161 |
| the authority shall continue to service existing college savings | 21162 |
| program accounts. | 21163 |
| (B) Upon termination of the program or liquidation of the | 21164 |
| Ohio tuition trust fund, the Ohio tuition trust reserve fund, and | 21165 |
| the Ohio tuition trust operating fund, any remaining assets of the | 21166 |
| funds after all obligations of the funds have been satisfied | 21167 |
| pursuant to division (B) of section 3334.11 of the Revised Code | 21168 |
| shall be transferred to the general revenue fund of the state. | 21169 |
| (C) The authority shall prepare and cause to have audited an | 21170 |
| annual financial report on all financial activity of the Ohio | 21171 |
| tuition trust authority within ninety days of the end of the | 21172 |
| fiscal year. The authority shall transmit a copy of the audited | 21173 |
| financial report to the governor, the president of the senate, the | 21174 |
| speaker of the house of representatives, and the minority leaders | 21175 |
| of the senate and the house of representatives. Copies of the | 21176 |
| audited financial report also shall be made available, upon | 21177 |
| request, to the persons entering into contracts with the authority | 21178 |
| and to prospective
purchasers of
tuition | 21179 |
| prospective contributors to variable college savings program | 21180 |
| accounts. | 21181 |
| Sec. 3334.15. (A) The right of a person to a tuition
| 21182 |
| unit or a payment under section 3334.09 of the Revised Code | 21183 |
|
pursuant to a
tuition | 21184 |
| program, or a variable college savings program account shall not | 21185 |
| be subject to execution, garnishment, attachment, the operation of | 21186 |
| bankruptcy or the insolvency laws, or other process of law. | 21187 |
| (B) The right of a person to a tuition
| 21188 |
| payment under section 3334.09 of the Revised Code pursuant to a | 21189 |
|
tuition | 21190 |
| variable college savings program account shall not be used as | 21191 |
| security or collateral for a loan. | 21192 |
| Sec. 3334.16. The general assembly hereby finds that the | 21193 |
| prepaid tuition program providing for the sale of tuition credits | 21194 |
| units by the Ohio tuition trust authority is an official state | 21195 |
| function, offered through an agency of this state, which agency | 21196 |
| receives state appropriations. Therefore, the authority is | 21197 |
| directed by the state of Ohio to assume it is exempt from federal | 21198 |
| tax liability. | 21199 |
| Sec. 3334.17. (A) The state, any political subdivision of | 21200 |
| the state, and any organization that is exempt from federal income | 21201 |
| taxation under section 501 (a) and described in section 501 (c)(3) | 21202 |
| of the Internal Revenue Code, including the Ohio tuition trust | 21203 |
| authority if this is authorized under federal tax law, may | 21204 |
| establish a scholarship program to award scholarships consisting | 21205 |
| of contributions made to any college savings program for students. | 21206 |
| Any scholarship program established under this section shall be | 21207 |
| registered with the authority. The authority shall be notified of | 21208 |
| the name and address of each scholarship beneficiary under the | 21209 |
| program, the amounts awarded, and the institution of higher | 21210 |
| education in which the beneficiary is enrolled. Scholarship | 21211 |
| beneficiaries shall be selected by the entity establishing the | 21212 |
| scholarship program, in accordance with criteria established by | 21213 |
| the entity. | 21214 |
| (B) Any person or governmental entity may purchase tuition | 21215 |
| 21216 | |
| be established in accordance with division (A) of this section at | 21217 |
|
the same price as is
established for the purchase of
| 21218 |
|
for named beneficiaries
pursuant to this chapter. Tuition
| 21219 |
| units shall have the same value to the beneficiary of a | 21220 |
| scholarship awarded pursuant to this section as they would have to | 21221 |
| any other beneficiary pursuant to division (B) of section 3334.09 | 21222 |
| of the Revised Code. | 21223 |
| (C) The entity establishing and maintaining a scholarship | 21224 |
| program shall specify whether a scholarship beneficiary may | 21225 |
| receive a refund or payment for the amount awarded under the | 21226 |
| scholarship program directly from the authority, or whether the | 21227 |
| amount awarded shall be paid by the authority only to the | 21228 |
| institution of higher education in which the student is enrolled. | 21229 |
| (D) If a scholarship beneficiary does not use the amount | 21230 |
| awarded within a length of time specified under the scholarship | 21231 |
| program, the amount may be awarded to another beneficiary. | 21232 |
| Sec. 3334.18. (A) A variable college savings program | 21233 |
| established by the Ohio tuition trust authority shall include | 21234 |
| provisions for a contract to be entered into between a contributor | 21235 |
| and the authority that will authorize the contributor to open an | 21236 |
| account for a beneficiary and authorize the contributor to | 21237 |
| substitute a new beneficiary for one originally named in the | 21238 |
| contract, to the extent permitted by section 529 of the Internal | 21239 |
| Revenue Code. | 21240 |
| (B) The authority shall provide adequate safeguards to | 21241 |
| prevent total contributions to a variable college savings program | 21242 |
|
account or purchases
of tuition
| 21243 |
| or combined, that are made on behalf of a beneficiary from | 21244 |
| exceeding the amount necessary to provide for the tuition and | 21245 |
| other higher education expenses of the beneficiary, consistent | 21246 |
| with the maximum contributions permitted by section 529 of the | 21247 |
| Internal Revenue Code. However, in no event shall contributions or | 21248 |
| purchases exceed the
allowable limit for a qualified | 21249 |
| program under section 529 of the Internal Revenue Code. | 21250 |
| (C)(1) Participation in the variable college savings program | 21251 |
| does not guarantee that contributions and the investment return on | 21252 |
| contributions, if any, will be adequate to cover future tuition | 21253 |
| and other higher education expenses or that a beneficiary will be | 21254 |
| admitted to or permitted to continue to attend an institution of | 21255 |
| higher education. | 21256 |
| (2) Returns on contributors' investments in the variable | 21257 |
| college savings program are not guaranteed by the state and the | 21258 |
| contributors to the variable college savings program assume all | 21259 |
| investment risk, including the potential loss of principal and | 21260 |
| liability for penalties such as those levied for noneducational | 21261 |
| withdrawals. | 21262 |
| (3) The state shall have no debt or obligation to any | 21263 |
| contributor, beneficiary, or any other person as a result of the | 21264 |
| establishment of the program, and the state assumes no risk or | 21265 |
| liability for funds invested in the variable college savings | 21266 |
| program. | 21267 |
| (4) Informational materials about the variable college | 21268 |
| savings program prepared by the authority or its agents and | 21269 |
| provided to prospective contributors shall state clearly the | 21270 |
| information set forth in division (C) of this section. | 21271 |
| Sec. 3345.32. (A) As used in this section: | 21272 |
| (1) "State university or college" means the institutions | 21273 |
| described in section 3345.27 of the Revised Code, the northeastern | 21274 |
| Ohio universities college of medicine, and the medical college of | 21275 |
| Ohio at Toledo. | 21276 |
| (2) "Resident" has the meaning specified by rule of the Ohio | 21277 |
| board of regents. | 21278 |
| (3) "Statement of selective service status" means a statement | 21279 |
| certifying one of the following: | 21280 |
| (a) That the individual filing the statement has registered | 21281 |
| with the selective service system in accordance with the "Military | 21282 |
| Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 21283 |
| amended; | 21284 |
| (b) That the individual filing the statement is not required | 21285 |
| to register with the selective service for one of the following | 21286 |
| reasons: | 21287 |
| (i) The individual is under eighteen or over twenty-six years | 21288 |
| of age; | 21289 |
| (ii) The individual is on active duty with the armed forces | 21290 |
| of the United States other than for training in a reserve or | 21291 |
| national guard unit; | 21292 |
| (iii) The individual is a nonimmigrant alien lawfully in the | 21293 |
| United States in accordance with section 101 (a)(15) of the | 21294 |
| "Immigration and Nationality Act," 8 U.S.C. 1101, as amended; | 21295 |
| (iv) The individual is not a citizen of the United States and | 21296 |
| is a permanent resident of the Trust Territory of the Pacific | 21297 |
| Islands or the Northern Mariana Islands. | 21298 |
| (4) "Institution of higher education" means any eligible | 21299 |
| institution approved by the United States department of education | 21300 |
| pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 21301 |
| amended, or any institution whose students are eligible for | 21302 |
| financial assistance under any of the programs described by | 21303 |
| division (E) of this section. | 21304 |
| (B) The Ohio board of regents shall, by rule, specify the | 21305 |
| form of statements of selective service status to be filed in | 21306 |
| compliance with divisions (C) to (F) of this section. Each | 21307 |
| statement of selective service status shall contain a section | 21308 |
| wherein a male student born after December 31, 1959, certifies | 21309 |
| that the student has registered with the selective service system | 21310 |
| in accordance with the "Military Selective Service Act," 62 Stat. | 21311 |
| 604, 50 U.S.C. App. 453, as amended. For those students not | 21312 |
| required to register with the selective service, as specified in | 21313 |
| divisions (A)(2)(b)(i) to (iv) of this section, a section shall be | 21314 |
| provided on the statement of selective service status for the | 21315 |
| certification of nonregistration and for an explanation of the | 21316 |
| reason for the exemption. The board of regents may require that | 21317 |
| such statements be accompanied by documentation specified by rule | 21318 |
| of the board. | 21319 |
| (C) A state university or college that enrolls in any course, | 21320 |
| class, or program a male student born after December 31, 1959, who | 21321 |
| has not filed a statement of selective service status with the | 21322 |
| university or college shall, regardless of the student's | 21323 |
| residency, charge the student any tuition surcharge charged | 21324 |
| students who are not residents of this state. | 21325 |
| (D) No male born after December 31, 1959, shall be eligible | 21326 |
| to receive any loan, grant, scholarship, or other financial | 21327 |
| assistance for educational expenses under section 3315.33, | 21328 |
| 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, | 21329 |
| 5910.032, or 5919.34 of the Revised Code unless that person has | 21330 |
| filed a statement of selective service status with that person's | 21331 |
| institution of higher education. | 21332 |
| (E) If an institution of higher education receives a | 21333 |
| statement from an individual certifying that the individual has | 21334 |
| registered with the selective service system in accordance with | 21335 |
| the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 21336 |
| 453, as amended or that the individual is exempt from registration | 21337 |
| for a reason other than that the individual is under eighteen | 21338 |
| years of age, the institution shall not require the individual to | 21339 |
| file any further statements. If it receives a statement certifying | 21340 |
| that the individual is not required to register because the | 21341 |
| individual is under eighteen years of age, the institution shall | 21342 |
| require the individual to file a new statement of selective | 21343 |
| service status each time the individual seeks to enroll for a new | 21344 |
| academic term or makes application for a new loan or loan | 21345 |
| guarantee or for any form of financial assistance for educational | 21346 |
| expenses, until it receives a statement certifying that the | 21347 |
| individual has registered with the selective service system or is | 21348 |
| exempt from registration for a reason other than that the | 21349 |
| individual is under eighteen years of age. | 21350 |
| Sec. 3353.01. As used in | 21351 |
| 21352 |
| (A) "Educational television or radio" means television or | 21353 |
| radio programs which serve the educational needs of the community | 21354 |
| and which meet the requirements of the federal communications | 21355 |
| commission for noncommercial educational television or radio. | 21356 |
| (B) | 21357 |
| 21358 | |
| 21359 | |
| 21360 | |
| 21361 | |
| 21362 |
| | 21363 |
| radio, or radio reading service programs, either directly to the | 21364 |
| public, or to broadcasting stations or services for simultaneous | 21365 |
| broadcast or rebroadcast. | 21366 |
| | 21367 |
| 21368 | |
| 21369 |
| | 21370 |
| 21371 | |
| 21372 | |
| 21373 |
| | 21374 |
| noncommercial educational television or radio station, | 21375 |
| appropriately staffed and equipped to produce programs or lessons | 21376 |
| and to broadcast programs. | 21377 |
| | 21378 |
| 21379 | |
| 21380 | |
| 21381 | |
| 21382 |
| | 21383 |
| that disseminates news and other information to blind and | 21384 |
| physically handicapped persons. | 21385 |
| Sec. 3353.06. (A) The affiliates services fund is hereby | 21386 |
| created in the state treasury. The agency designated by the | 21387 |
| governor to assume the functions of the Ohio educational | 21388 |
| telecommunications network commission shall deposit any money it | 21389 |
| receives to the credit of the fund, including: | 21390 |
| (1) Reimbursements for services provided to stations; | 21391 |
| (2) Charges levied for maintenance of telecommunications, | 21392 |
| broadcasting, or transmission equipment; | 21393 |
| (3) Contract or grant payments. | 21394 |
| (B) The | 21395 |
| affiliates
services fund for any | 21396 |
| purposes, including: | 21397 |
| (1) The purchase, repair, or maintenance of | 21398 |
| telecommunications, broadcasting, or transmission equipment; | 21399 |
| (2) The purchase or lease of educational programming; | 21400 |
| (3) The purchase of tape and maintenance of a media library; | 21401 |
| (4) Professional development programs and services; | 21402 |
| (5) Administrative expenses and legal fees. | 21403 |
| Sec. 3353.07.
(A) | 21404 |
| 21405 | |
| 21406 |
| | 21407 |
| through the agency designated by the governor to assume the | 21408 |
| functions of the Ohio educational telecommunications network | 21409 |
| commission and shall be managed by a broadcasting station under a | 21410 |
| contract. The contract shall not take effect until the program | 21411 |
| committee of Ohio government telecommunications approves the | 21412 |
| contract. The broadcasting station shall manage the staff of Ohio | 21413 |
| government telecommunications. | 21414 |
| | 21415 |
| Ohio government telecommunications that shall consist of the | 21416 |
| president of the senate, speaker of the house of representatives, | 21417 |
| minority leader of the senate, and minority leader of the house of | 21418 |
| representatives, or their designees. By a vote of a majority of | 21419 |
| its members, the program committee may add additional members to | 21420 |
| the committee. | 21421 |
| (2) The program committee shall adopt rules that govern the | 21422 |
| operation of Ohio government telecommunications and the coverage | 21423 |
| and distribution of official governmental activities by Ohio | 21424 |
| government telecommunications. | 21425 |
| Sec. 3365.01. As used in sections 3365.01 to 3365.10 of the | 21426 |
| Revised Code: | 21427 |
| (A) "College" means any state-assisted college or university | 21428 |
| described in section 3333.041 of the Revised Code, any nonprofit | 21429 |
| institution holding a certificate of authorization pursuant to | 21430 |
| Chapter 1713. of the Revised Code, any private institution exempt | 21431 |
| from regulation under Chapter 3332. of the Revised Code as | 21432 |
| prescribed in section 3333.046 of the Revised Code, and any | 21433 |
| institution holding a certificate of registration from the state | 21434 |
| board of career colleges and schools and program authorization for | 21435 |
| an associate or bachelor's degree program issued under section | 21436 |
| 3332.05 of the Revised Code. | 21437 |
| (B) "School district," except as specified in division (G) of | 21438 |
| this section, means any school district to which a student is | 21439 |
| admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of | 21440 |
| the Revised Code and does not include a joint vocational or | 21441 |
| cooperative education school district. | 21442 |
| (C) "Parent" has the same meaning as in section 3313.64 of | 21443 |
| the Revised Code. | 21444 |
| (D) "Participant" means a student enrolled in a college under | 21445 |
| the post-secondary enrollment options program established by this | 21446 |
| chapter. | 21447 |
| (E) "Secondary grade" means the ninth through twelfth grades. | 21448 |
| (F) "School foundation payments" means the amount required to | 21449 |
| be paid to a school district for a fiscal year under Chapter 3317. | 21450 |
| of the Revised Code. | 21451 |
| (G) "Tuition base" means, with respect to a participant's | 21452 |
| school district, the greater of the following: | 21453 |
| (1) The fiscal year 2005 formula amount defined in
| 21454 |
| 21455 | |
| district's fiscal year 2005 cost-of-doing-business factor defined | 21456 |
| in | 21457 |
| (2) The sum of the current formula amount defined in section | 21458 |
| 3317.02 of the Revised Code plus the per pupil amount of the base | 21459 |
| funding supplements specified in divisions (B)(3)(a) to (d) of | 21460 |
| section 3317.012 of the Revised Code. | 21461 |
| The participant's "school district" in the case of a | 21462 |
| participant enrolled in a community school shall be the school | 21463 |
| district in which the student is entitled to attend school under | 21464 |
| section 3313.64 or 3313.65 of the Revised Code. | 21465 |
| (H) "Educational program" means enrollment in one or more | 21466 |
| school districts, in a nonpublic school, or in a college under | 21467 |
| division (B) of section 3365.04 of the Revised Code. | 21468 |
| (I) "Nonpublic school" means a chartered or nonchartered | 21469 |
| school for which minimum standards are prescribed by the state | 21470 |
| board of education pursuant to division (D) of section 3301.07 of | 21471 |
| the Revised Code. | 21472 |
| (J) "School year" means the year beginning on the first day | 21473 |
| of July and ending on the thirtieth day of June. | 21474 |
| (K) "Community school" means any school established pursuant | 21475 |
| to Chapter 3314. of the Revised Code that includes secondary | 21476 |
| grades. | 21477 |
| (L) "Community school payments" means payments made by the | 21478 |
| department of education to a community school pursuant to division | 21479 |
| (D) of section 3314.08 of the Revised Code. | 21480 |
| Sec. 3365.02. There is hereby established the post-secondary | 21481 |
| enrollment options program under which a secondary grade student | 21482 |
| who is a resident of this state may enroll at a college, on a | 21483 |
| full- or part-time basis, and complete nonsectarian courses for | 21484 |
| high school and college credit. | 21485 |
| Secondary grade students in a nonpublic school may | 21486 |
| participate in the post-secondary enrollment options program if | 21487 |
| the chief administrator of such school notifies the department of | 21488 |
| education by the first day of April prior to the school year in | 21489 |
| which the school's students will participate. | 21490 |
| The state board of education, after consulting with the board | 21491 |
| of regents, shall adopt rules governing the program. The rules | 21492 |
| shall include: | 21493 |
| (A) Requirements for school districts, community schools, or | 21494 |
| participating nonpublic schools to provide information about the | 21495 |
| program prior to the first day of March of each year to all | 21496 |
| students enrolled in grades eight through eleven; | 21497 |
| (B) A requirement that a student or the student's parent | 21498 |
| inform the district board of education, the governing authority of | 21499 |
| a community school, or the nonpublic school administrator by the | 21500 |
| thirtieth day of March of the student's intent to participate in | 21501 |
| the program during the following school year. The rule shall | 21502 |
| provide that any student who fails to notify a district board, the | 21503 |
| governing authority of a community school, or the nonpublic school | 21504 |
| administrator by the required date may not participate in the | 21505 |
| program during the following school year without the written | 21506 |
| consent of the district superintendent, the governing authority of | 21507 |
| a community school, or the nonpublic school administrator. | 21508 |
| (C) Requirements that school districts and community schools | 21509 |
| provide counseling services to students in grades eight through | 21510 |
| eleven and to their parents before the students participate in the | 21511 |
| program under this chapter to ensure that students and parents are | 21512 |
| fully aware of the possible risks and consequences of | 21513 |
| participation. Counseling information shall include without | 21514 |
| limitation: | 21515 |
| (1) Program eligibility; | 21516 |
| (2) The process for granting academic credits; | 21517 |
| (3) Financial arrangements for tuition, books, materials, and | 21518 |
| fees; | 21519 |
| (4) Criteria for any transportation aid; | 21520 |
| (5) Available support services; | 21521 |
| (6) Scheduling; | 21522 |
| (7) The consequences of failing or not completing a course in | 21523 |
| which the student enrolls and the effect of the grade attained in | 21524 |
| the course being included in the student's grade point average, if | 21525 |
| applicable; | 21526 |
| (8) The effect of program participation on the student's | 21527 |
| ability to complete the district's, community school's, or | 21528 |
| nonpublic school's graduation requirements; | 21529 |
| (9) The academic and social responsibilities of students and | 21530 |
| parents under the program; | 21531 |
| (10) Information about and encouragement to use the | 21532 |
| counseling services of the college in which the student intends to | 21533 |
| enroll. | 21534 |
| (D) A requirement that the student and the student's parent | 21535 |
| sign a form, provided by the school district or school, stating | 21536 |
| that they have received the counseling required by division (C) of | 21537 |
| this section and that they understand the responsibilities they | 21538 |
| must assume in the program; | 21539 |
| (E) The options required by section 3365.04 of the Revised | 21540 |
| Code; | 21541 |
| (F) A requirement that a student may not enroll in any | 21542 |
| specific college course through the program if the student has | 21543 |
| taken high school courses in the same subject area as that college | 21544 |
| course and has failed to attain a cumulative grade point average | 21545 |
| of at least 3.0 on a 4.0 scale, or the equivalent, in such | 21546 |
| completed high school courses. | 21547 |
| | 21548 |
| 21549 | |
| 21550 | |
| from forfeited bail, under sections 3375.50 to 3375.53 of the | 21551 |
| Revised Code shall furnish to all of the members
of the | 21552 |
| general assembly, the | 21553 |
| association is located, and the judges of the
| 21554 |
| 21555 | |
| and the use of its
books, materials, and equipment free of charge | 21556 |
| 21557 | |
| 21558 | |
| 21559 | |
| additional persons to act as assistant | 21560 |
| the law library. The board shall | 21561 |
| paying the compensation of | 21562 |
| 21563 | |
| Code. | 21564 |
| Sec. 3375.49. | 21565 |
| this section, for the use of the law library referred to in | 21566 |
| section 3375.48 of the Revised Code, the board of county | 21567 |
|
commissioners shall provide | 21568 |
| 21569 | |
|
county courthouse or | 21570 |
| 21571 | |
| located in the county seat | 21572 |
| utilities for that space. | 21573 |
| (B)(1) Subject to division (C) of this section, in fiscal | 21574 |
| year 2005, the board of county commissioners shall be responsible | 21575 |
| for paying the compensation of the librarian and up to two | 21576 |
| assistant librarians of the law library appointed by the board of | 21577 |
| trustees of the law library association under section 3375.48 of | 21578 |
| the Revised Code and the costs of the space in the county | 21579 |
| courthouse or other building that the board provides for the use | 21580 |
| of the law library under division (A) of this section, the | 21581 |
| utilities for that space, and furniture and fixtures for the law | 21582 |
| library. | 21583 |
| (2) In fiscal years 2006 through 2009, the board of county | 21584 |
| commissioners and the board of trustees shall be responsible for | 21585 |
| paying the compensation of the librarian and up to two assistant | 21586 |
| librarians appointed under section 3375.48 of the Revised Code and | 21587 |
| the costs of the space in the county courthouse or other building | 21588 |
| that the board of county commissioners provides for the use of the | 21589 |
| law library under division (A) of this section, the utilities for | 21590 |
| that space, and furniture and fixtures for the law library as | 21591 |
| follows: | 21592 |
| (a) In fiscal year 2006, the board of county commissioners | 21593 |
| shall pay eighty per cent, and the board of trustees shall pay | 21594 |
| twenty per cent. | 21595 |
| (b) In fiscal year 2007, the board of county commissioners | 21596 |
| shall pay sixty per cent, and the board of trustees shall pay | 21597 |
| forty per cent. | 21598 |
| (c) In fiscal year 2008, the board of county commissioners | 21599 |
| shall pay forty per cent, and the board of trustees shall pay | 21600 |
| sixty per cent. | 21601 |
| (d) In fiscal year 2009, the board of county commissioners | 21602 |
| shall pay twenty per cent, and the board of trustees shall pay | 21603 |
| eighty per cent. | 21604 |
| (3) Beginning in fiscal year 2010 and thereafter, the board | 21605 |
| of trustees shall be responsible for paying the compensation of | 21606 |
| the librarian and all assistant librarians appointed under section | 21607 |
| 3375.48 of the Revised Code as well as the costs of the space in | 21608 |
| the county courthouse or other building that the board of county | 21609 |
| commissioners provides for the use of the law library under | 21610 |
| division (A) of this section, the utilities for that space, and | 21611 |
| the law library's furniture and fixtures. | 21612 |
| (C) If the board of trustees of a law library association | 21613 |
| referred to in section 3375.48 of the Revised Code rents, leases, | 21614 |
| lease-purchases, or otherwise acquires space for the use of the | 21615 |
| law library, or constructs, enlarges, renovates, or otherwise | 21616 |
| modifies buildings or other structures to provide space for the | 21617 |
| use of the law library, the board of county commissioners of the | 21618 |
| county in which the association is located has no further | 21619 |
| obligation under division (A) of this section to provide space in | 21620 |
| the county courthouse or any other building located in the county | 21621 |
| seat for the use of the law library and utilities for that space, | 21622 |
| and has no further obligation under division (B) of this section | 21623 |
| to make payments for the compensation of the librarian and up to | 21624 |
| two assistant librarians of the law library appointed under | 21625 |
| section 3375.48 of the Revised Code and for the costs of space in | 21626 |
| the county courthouse or an other building for the use of the law | 21627 |
| library, the utilities for that space, and the law library's | 21628 |
| furniture and fixtures. | 21629 |
|
(D)
The librarian | 21630 |
| shall receive and safely keep in | 21631 |
| law reports and other books furnished by the state for use of the | 21632 |
| court and bar. | 21633 |
| 21634 |
| (E) The books, computer communications console that is a | 21635 |
| means of access to a system of computerized legal research, | 21636 |
| microform materials and equipment, videotape materials and | 21637 |
| equipment, audio or visual materials and equipment, other | 21638 |
| materials and equipment utilized in conducting
legal research, | 21639 |
| furniture, and fixtures of the law library association that are | 21640 |
| owned by, and used exclusively in, the law library are exempt from | 21641 |
| taxation. | 21642 |
| Sec. 3375.54. The money that is paid to the board of | 21643 |
| trustees of a law library association under sections 3375.50 to | 21644 |
| 3375.53 of the Revised Code shall be expended in the support and | 21645 |
| operation of the law library association
| 21646 |
| lease, or rental of lawbooks, a computer communications console | 21647 |
| that is a means of access to a system of computerized legal | 21648 |
| research, microform materials and equipment, videotape materials | 21649 |
| and equipment, audio or
visual materials and equipment, | 21650 |
| 21651 | |
| 21652 | |
| and fixtures used in the association's law library; and to pay the | 21653 |
| compensation of any librarian and assistant librarians of the law | 21654 |
| library appointed under section 3375.48 of the Revised Code. | 21655 |
| Sec. 3375.55. | 21656 |
| 21657 | |
| 21658 | |
| receives fines and penalties, and moneys arising from forfeited | 21659 |
| bail, under sections 3375.50 to 3375.53 of the Revised Code is | 21660 |
| located shall have the same free use of the books, materials, and | 21661 |
| equipment of the association's law library | 21662 |
| 21663 | |
| general assembly members and the judges and county officers | 21664 |
| mentioned in section 3375.48 of the Revised Code. | 21665 |
| Sec. 3377.03. The Ohio higher educational facility | 21666 |
| commission shall be comprised of nine members, one of whom shall | 21667 |
|
be the chancellor of the Ohio board of regents or | 21668 |
| chancellor's designee. The remaining members shall be appointed by | 21669 |
| the governor with the
advice and consent of the senate. | 21670 |
| 21671 | |
| 21672 | |
| 21673 | |
| 21674 | |
| 21675 | |
| 21676 | |
| 21677 | |
| 21678 | |
| 21679 | |
| years, commencing on the second day of January and ending on the | 21680 |
|
first day of January | 21681 |
| 21682 | |
| 21683 | |
| 21684 | |
| 21685 | |
| 21686 | |
| 21687 | |
| 21688 | |
| 21689 | |
| 21690 | |
| 21691 | |
| 21692 | |
| 21693 | |
| 21694 | |
| 21695 | |
| 21696 | |
| 21697 | |
| date of | 21698 |
| appointed. Vacancies shall be filled by gubernatorial appointment. | 21699 |
| Any member appointed to fill a vacancy occurring prior to the | 21700 |
| expiration of the term for which
| 21701 |
| appointed shall hold office for the remainder of such term. Any | 21702 |
| member shall continue in office subsequent to the expiration date | 21703 |
| of | 21704 |
| office, or until a period of sixty days has elapsed, whichever | 21705 |
| occurs first. | 21706 |
| The governor shall designate the | 21707 |
| commission. The commission shall elect from its own members each | 21708 |
|
year, a | 21709 |
| it deems necessary. Members of the commission shall receive no | 21710 |
| compensation for their services but shall be reimbursed for their | 21711 |
| necessary and actual expenses actually incurred in the conduct of | 21712 |
| the commission's business. | 21713 |
| The commission shall provide for the holding of regular and | 21714 |
| special meetings. A majority of the commissioners shall constitute | 21715 |
| a quorum for the transaction of any business and the approval of a | 21716 |
| majority of the members is necessary to undertake any act of the | 21717 |
| commission. The meetings are subject to section 121.22 of the | 21718 |
| Revised Code, except that one or more members may be present at a | 21719 |
| meeting by interactive video teleconference or teleconference if | 21720 |
| public attendance is allowed at the meeting's location. In that | 21721 |
| case, members present at a meeting by interactive video | 21722 |
| teleconference or teleconference may be considered present for | 21723 |
| determining whether a quorum exists and may vote, notwithstanding | 21724 |
| the requirement of division (C) of that section that members be | 21725 |
| present in person for those purposes. | 21726 |
| The commission shall adopt rules for the conduct of business, | 21727 |
| may appoint such officers and employees as necessary, and may fix | 21728 |
| their compensation and prescribe their duties. All expenses | 21729 |
| incurred in carrying out Chapter 3377. of the Revised Code are | 21730 |
| payable solely from funds of the commission available therefor, | 21731 |
| and no liability or obligation shall be incurred by the commission | 21732 |
| beyond the extent to which such funds are available. | 21733 |
| Within ninety days after the close of each fiscal year, the | 21734 |
| commission shall make a report of its activities for the preceding | 21735 |
| fiscal year to the governor. Such report shall be filed with the | 21736 |
| clerk of each house of the general assembly. | 21737 |
| Sec. 3383.02. (A) There is hereby created the Ohio cultural | 21738 |
| facilities commission. Notwithstanding any provision to the | 21739 |
| contrary contained in Chapter 152. of the Revised Code, the | 21740 |
| commission shall engage in and provide for the development, | 21741 |
| performance, and presentation or making available of culture and | 21742 |
| professional sports and athletics to the public in this state, and | 21743 |
| the provision of training or education in culture, by the exercise | 21744 |
| of its powers under this chapter, including the provision, | 21745 |
| operation, management, and cooperative use of Ohio cultural | 21746 |
| facilities and Ohio sports facilities. The commission is a body | 21747 |
| corporate and politic, an agency of state government and an | 21748 |
| instrumentality of the state, performing essential governmental | 21749 |
| functions of this state. The carrying out of the purposes and the | 21750 |
| exercise by the commission of its powers conferred by this chapter | 21751 |
| are essential public functions and public purposes of the state | 21752 |
| and of state government. The commission may, in its own name, sue | 21753 |
| and be sued, enter into contracts, and perform all the powers and | 21754 |
| duties given to it by this chapter; however, it does not have and | 21755 |
| shall not exercise the power of eminent domain. | 21756 |
| (B) The commission shall consist of
| 21757 |
| nine of whom shall be voting members and three of whom shall be | 21758 |
|
nonvoting
members. The
| 21759 |
| appointed by the governor, with the advice and consent of the | 21760 |
| senate, from different geographical regions of the state. In | 21761 |
| addition, one of the voting members shall represent the state | 21762 |
|
architect. Not more
than
| 21763 |
| governor shall be affiliated with the same political party. The | 21764 |
| nonvoting members shall be the staff director of the Ohio arts | 21765 |
| council, a member of the senate appointed by the president of the | 21766 |
| senate, and a member of the house of representatives appointed by | 21767 |
| the speaker of the house. | 21768 |
| (C) Of the five initial appointments made by the governor, | 21769 |
| one shall be for a term expiring December 31, 1989, two shall be | 21770 |
| for terms expiring December 31, 1990, and two shall be for terms | 21771 |
| expiring December 31, 1991. Of the initial appointments of the | 21772 |
| sixth and seventh voting members made by the governor, one shall | 21773 |
| be for a term expiring December 31, 2003, and one shall be for a | 21774 |
| term expiring December 31, 2004. Of the initial appointments of | 21775 |
| the eighth and ninth voting members made by the governor, one | 21776 |
| shall be for a term expiring December 31, 2007, and one shall be | 21777 |
| for a term expiring December 31, 2008. These voting members shall | 21778 |
| be appointed within sixty days after the effective date of this | 21779 |
| amendment. Thereafter, each such term shall be for three years, | 21780 |
| commencing on the first day of January and ending on the | 21781 |
| thirty-first day of December. Each appointment by the president of | 21782 |
| the senate and by the speaker of the house of representatives | 21783 |
| shall be for the balance of the then legislative biennium. Each | 21784 |
| member shall hold office from the date of the member's appointment | 21785 |
| until the end of the term for which the member was appointed. Any | 21786 |
| member appointed to fill a vacancy occurring prior to the | 21787 |
| expiration of the term for which the member's predecessor was | 21788 |
| appointed shall hold office for the remainder of such term. Any | 21789 |
| member shall continue in office subsequent to the expiration date | 21790 |
| of the member's term until the member's successor takes office, or | 21791 |
| until a period of sixty days has elapsed, whichever occurs first. | 21792 |
| (D) Members of the commission shall serve without | 21793 |
| compensation. | 21794 |
| (E) Organizational meetings of the commission shall be held | 21795 |
| at the first meeting of each calendar year. At each organizational | 21796 |
| meeting, the commission shall elect from among its voting members | 21797 |
| a chairperson, a vice-chairperson, and a secretary-treasurer, who | 21798 |
| shall serve until the next annual meeting. The commission shall | 21799 |
| adopt rules pursuant to section 111.15 of the Revised Code for the | 21800 |
| conduct of its internal business and shall keep a journal of its | 21801 |
| proceedings. | 21802 |
| (F)
| 21803 |
|
quorum, and the affirmative vote of
| 21804 |
| for approval of any action taken by the commission. A vacancy in | 21805 |
| the membership of the commission does not impair a quorum from | 21806 |
| exercising all the rights and performing all the duties of the | 21807 |
| commission. Meetings of the commission may be held anywhere in the | 21808 |
| state, and shall be held in compliance with section 121.22 of the | 21809 |
| Revised Code. | 21810 |
| (G) All expenses incurred in carrying out this chapter are | 21811 |
| payable solely from money accrued under this chapter or | 21812 |
| appropriated for these purposes by the general assembly, and the | 21813 |
| commission shall incur no liability or obligation beyond such | 21814 |
| money. | 21815 |
| (H) The commission shall file an annual report of its | 21816 |
| activities and finances with the governor, director of budget and | 21817 |
| management, speaker of the house of representatives, president of | 21818 |
| the senate, and chairpersons of the house and senate finance | 21819 |
| committees. | 21820 |
| (I) There is hereby established in the state treasury the | 21821 |
| Ohio cultural facilities commission administration fund. All | 21822 |
| revenues of the commission shall be credited to that fund and to | 21823 |
| any
accounts created in | 21824 |
| approval. All expenses of the commission, including reimbursement | 21825 |
| of, or payment to, any other fund or any governmental agency for | 21826 |
| advances made or services rendered to or on behalf of the | 21827 |
|
commission, shall be paid from | 21828 |
| 21829 | |
| to
directions of the commission. All investment earnings of | 21830 |
| 21831 | |
| shall be allocated among any accounts created in the fund in the | 21832 |
| manner determined by the commission. | 21833 |
| (J) Title to all real property and lesser interests in real | 21834 |
| property acquired by the commission, including leasehold and other | 21835 |
| interests, pursuant to this chapter shall be taken in the name of | 21836 |
| the state and shall be held for the use and benefit of the | 21837 |
| commission. The commission shall not mortgage such real property | 21838 |
| and interests in real property. Title to other property and | 21839 |
| interests in it acquired by the commission pursuant to this | 21840 |
| chapter shall be taken in its name. | 21841 |
| Sec. 3701.146. (A) In taking actions regarding tuberculosis, | 21842 |
| the director of health has all of the following duties and powers: | 21843 |
| (1) | 21844 |
| 21845 | |
| 21846 |
| | 21847 |
| clinics, physicians, or other care providers to whom the director | 21848 |
| shall refer persons who make inquiries to the department of health | 21849 |
| regarding possible exposure to tuberculosis. | 21850 |
| | 21851 |
| activities, including the collection and analysis of | 21852 |
| epidemiological information relative to the frequency of | 21853 |
| tuberculosis infection, demographic and geographic distribution of | 21854 |
| tuberculosis cases, and trends pertaining to tuberculosis. | 21855 |
| | 21856 |
| record the incidence of tuberculosis in this state. | 21857 |
| | 21858 |
| tuberculosis consultants for geographic regions of the state | 21859 |
| specified by the director. Each tuberculosis consultant shall act | 21860 |
| in accordance with rules the director establishes and shall be | 21861 |
| responsible for advising and assisting physicians and other health | 21862 |
| care practitioners who participate in tuberculosis control | 21863 |
| activities and for reviewing medical records pertaining to the | 21864 |
| treatment provided to individuals with tuberculosis. | 21865 |
| (B)(1) The public health council shall adopt rules | 21866 |
| establishing standards for the following: | 21867 |
| (a) Performing tuberculosis screenings; | 21868 |
| (b) Performing examinations of individuals who have been | 21869 |
| exposed to tuberculosis and individuals who are suspected of | 21870 |
| having tuberculosis; | 21871 |
| (c) Providing treatment to individuals with tuberculosis; | 21872 |
| (d) Preventing individuals with communicable tuberculosis | 21873 |
| from infecting other individuals; | 21874 |
| (e) Performing laboratory tests for tuberculosis and studies | 21875 |
| of the resistance of tuberculosis to one or more drugs; | 21876 |
| (f) Selecting laboratories that provide in a timely fashion | 21877 |
| the results of a laboratory test for tuberculosis. The standards | 21878 |
| shall include a requirement that first consideration be given to | 21879 |
| laboratories located in this state. | 21880 |
| (2) Rules adopted pursuant to this section shall be adopted | 21881 |
| in accordance with Chapter 119. of the Revised Code and may be | 21882 |
| consistent with any recommendations or guidelines on tuberculosis | 21883 |
| issued by the United States centers for disease control and | 21884 |
| prevention or by the American thoracic society. The rules shall | 21885 |
| apply to county or district tuberculosis control units, physicians | 21886 |
| who examine and treat individuals for tuberculosis, and | 21887 |
| laboratories that perform tests for tuberculosis. | 21888 |
| Sec. 3702.141. (A) As
used in this section | 21889 |
| (1) " | 21890 |
| health care facility that is licensed or otherwise approved to | 21891 |
| practice in this state, in accordance with applicable law, is | 21892 |
| staffed and equipped to provide health care services, and actively | 21893 |
| provides health services or has not been actively providing health | 21894 |
| services for less than twelve consecutive months. | 21895 |
| (2) "Health care facility" and "health service" have the same | 21896 |
| 21897 |
| (B) Section 3702.14 of the Revised Code shall not be | 21898 |
| construed to require any existing health care facility that is | 21899 |
| conducting an activity specified in section 3702.11 of the Revised | 21900 |
| Code, which activity was initiated on or before March 20, 1997, to | 21901 |
| alter, upgrade, or otherwise improve the structure or fixtures of | 21902 |
| the facility in order to comply with any rule adopted under | 21903 |
| section 3702.11 of the Revised Code relating to that activity, | 21904 |
| unless one of the following applies: | 21905 |
| (1) The facility initiates a construction, renovation, or | 21906 |
| reconstruction project that involves a capital expenditure of at | 21907 |
| least fifty thousand dollars, not including expenditures for | 21908 |
| equipment or staffing or operational costs, and that directly | 21909 |
| involves the area in which the existing service is conducted. | 21910 |
| (2) The facility initiates another activity specified in | 21911 |
| section 3702.11 of the Revised Code. | 21912 |
| (3) The facility initiates a service level designation change | 21913 |
| for obstetric and newborn care. | 21914 |
| (4) The facility proposes to add a cardiac catheterization | 21915 |
| laboratory to an existing cardiac catheterization service. | 21916 |
| (5) The facility proposes to add an open-heart operating room | 21917 |
| to an existing open-heart surgery service. | 21918 |
| (6) The director of health determines, by clear and | 21919 |
| convincing evidence, that failure to comply with the rule would | 21920 |
| create an imminent risk to the health and welfare of any patient. | 21921 |
| (C) If division (B)(4) or (5) of this section applies, any | 21922 |
| alteration, upgrade, or other improvement required shall apply | 21923 |
| only to the proposed addition to the existing service if the cost | 21924 |
| of the addition is less than the capital expenditure threshold set | 21925 |
| forth in division (B)(1) of this section. | 21926 |
| (D) No person or government entity shall divide or otherwise | 21927 |
| segment a construction, renovation, or reconstruction project in | 21928 |
| order to evade application of the capital expenditure threshold | 21929 |
| set forth in division (B)(1) of this section. | 21930 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 21931 |
| Revised Code: | 21932 |
| (A) "Applicant" means any person that submits an application | 21933 |
| for a certificate of need and who is designated in the application | 21934 |
| as the applicant. | 21935 |
| (B) "Person" means any individual, corporation, business | 21936 |
| trust, estate, firm, partnership, association, joint stock | 21937 |
| company, insurance company, government unit, or other entity. | 21938 |
| (C) "Certificate of need" means a written approval granted by | 21939 |
| the director of health to an applicant to authorize conducting a | 21940 |
| reviewable activity. | 21941 |
| (D) "Health service area" means a geographic region | 21942 |
| designated by the director of health under section 3702.58 of the | 21943 |
| Revised Code. | 21944 |
| (E) "Health service" means a clinically related service, such | 21945 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 21946 |
| (F) "Health service agency" means an agency designated to | 21947 |
| serve a health service area in accordance with section 3702.58 of | 21948 |
| the Revised Code. | 21949 |
| (G) "Health care facility" means: | 21950 |
| (1) A hospital registered under section 3701.07 of the | 21951 |
| Revised Code; | 21952 |
| (2) A nursing home licensed under section 3721.02 of the | 21953 |
| Revised Code, or by a political subdivision certified under | 21954 |
| section 3721.09 of the Revised Code; | 21955 |
| (3) A county home or a county nursing home as defined in | 21956 |
| section 5155.31 of the Revised Code that is certified under Title | 21957 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 21958 |
| U.S.C.A. 301, as amended; | 21959 |
| (4) A freestanding dialysis center; | 21960 |
| (5) A freestanding inpatient rehabilitation facility; | 21961 |
| (6) An ambulatory surgical facility; | 21962 |
| (7) A freestanding cardiac catheterization facility; | 21963 |
| (8) A freestanding birthing center; | 21964 |
| (9) A freestanding or mobile diagnostic imaging center; | 21965 |
| (10) A freestanding radiation therapy center. | 21966 |
| A health care facility does not include the offices of | 21967 |
| private physicians and dentists whether for individual or group | 21968 |
| practice, residential facilities licensed under section 5123.19 of | 21969 |
|
the Revised Code, | 21970 |
| 21971 | |
| 21972 | |
| the sick that is operated exclusively for patients who use | 21973 |
| spiritual means for healing and for whom the acceptance of medical | 21974 |
| care is inconsistent with their religious beliefs, accredited by a | 21975 |
| national accrediting organization, exempt from federal income | 21976 |
| taxation under section 501 of the Internal Revenue Code of 1986, | 21977 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing | 21978 |
| twenty-four hour nursing care pursuant to the exemption in | 21979 |
| division (E) of section 4723.32 of the Revised Code from the | 21980 |
| licensing requirements of Chapter 4723. of the Revised Code. | 21981 |
| (H) "Medical equipment" means a single unit of medical | 21982 |
| equipment or a single system of components with related functions | 21983 |
| that is used to provide health services. | 21984 |
| (I) "Third-party payer" means a health insuring corporation | 21985 |
| licensed under Chapter 1751. of the Revised Code, a health | 21986 |
| maintenance organization as defined in division (K) of this | 21987 |
| section, an insurance company that issues sickness and accident | 21988 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 21989 |
| state-financed health insurance program under Chapter 3701., | 21990 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 21991 |
| (J) "Government unit" means the state and any county, | 21992 |
| municipal corporation, township, or other political subdivision of | 21993 |
| the state, or any department, division, board, or other agency of | 21994 |
| the state or a political subdivision. | 21995 |
| (K) "Health maintenance organization" means a public or | 21996 |
| private organization organized under the law of any state that is | 21997 |
| qualified under section 1310(d) of Title XIII of the "Public | 21998 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 21999 |
| (L)
"Existing health care facility" means | 22000 |
| following: | 22001 |
| (1) A health care facility that is licensed or otherwise | 22002 |
| 22003 | |
| accordance with applicable law, is staffed and equipped to provide | 22004 |
| health care services, and is actively | 22005 |
| services | 22006 |
| 22007 |
| (2) Is licensed or has beds registered under section 3701.07 | 22008 |
| of the Revised Code as skilled nursing beds or long-term care beds | 22009 |
| and has provided services for at least three hundred sixty-five | 22010 |
| consecutive days within the twenty-four months immediately | 22011 |
| preceding the date a certificate of need application is filed with | 22012 |
| the director of health. | 22013 |
| (M) "State" means the state of Ohio, including, but not | 22014 |
| limited to, the general assembly, the supreme court, the offices | 22015 |
| of all elected state officers, and all departments, boards, | 22016 |
| offices, commissions, agencies, institutions, and other | 22017 |
| instrumentalities of the state of Ohio. "State" does not include | 22018 |
| political subdivisions. | 22019 |
| (N) "Political subdivision" means a municipal corporation, | 22020 |
| township, county, school district, and all other bodies corporate | 22021 |
| and politic responsible for governmental activities only in | 22022 |
| geographic areas smaller than that of the state to which the | 22023 |
| sovereign immunity of the state attaches. | 22024 |
| (O) "Affected person" means: | 22025 |
| (1) An applicant for a certificate of need, including an | 22026 |
| applicant whose application was reviewed comparatively with the | 22027 |
| application in question; | 22028 |
| (2) The person that requested the reviewability ruling in | 22029 |
| question; | 22030 |
| (3) Any person that resides or regularly uses health care | 22031 |
| facilities within the geographic area served or to be served by | 22032 |
| the health care services that would be provided under the | 22033 |
| certificate of need or reviewability ruling in question; | 22034 |
| (4) Any health care facility that is located in the health | 22035 |
| service area where the health care services would be provided | 22036 |
| under the certificate of need or reviewability ruling in question; | 22037 |
| (5) Third-party payers that reimburse health care facilities | 22038 |
| for services in the health service area where the health care | 22039 |
| services would be provided under the certificate of need or | 22040 |
| reviewability ruling in question; | 22041 |
| (6) Any other person who testified at a public hearing held | 22042 |
| under division (B) of section 3702.52 of the Revised Code or | 22043 |
| submitted written comments in the course of review of the | 22044 |
| certificate of need application in question. | 22045 |
| (P) "Osteopathic hospital" means a hospital registered under | 22046 |
| section 3701.07 of the Revised Code that advocates osteopathic | 22047 |
| principles and the practice and perpetuation of osteopathic | 22048 |
| medicine by doing any of the following: | 22049 |
| (1) Maintaining a department or service of osteopathic | 22050 |
| medicine or a committee on the utilization of osteopathic | 22051 |
| principles and methods, under the supervision of an osteopathic | 22052 |
| physician; | 22053 |
| (2) Maintaining an active medical staff, the majority of | 22054 |
| which is comprised of osteopathic physicians; | 22055 |
| (3) Maintaining a medical staff executive committee that has | 22056 |
| osteopathic physicians as a majority of its members. | 22057 |
| (Q) "Ambulatory surgical facility" has the same meaning as in | 22058 |
| section 3702.30 of the Revised Code. | 22059 |
| (R) Except as otherwise provided in division (T) of this | 22060 |
| section, and until the termination date specified in section | 22061 |
| 3702.511 of the Revised Code, "reviewable activity" means any of | 22062 |
| the following: | 22063 |
| (1) The addition by any person of any of the following health | 22064 |
| services, regardless of the amount of operating costs or capital | 22065 |
| expenditures: | 22066 |
| (a) A heart, heart-lung, lung, liver, kidney, bowel, | 22067 |
| pancreas, or bone marrow transplantation service, a stem cell | 22068 |
| harvesting and reinfusion service, or a service for | 22069 |
| transplantation of any other organ unless transplantation of the | 22070 |
| organ is designated by public health council rule not to be a | 22071 |
| reviewable activity; | 22072 |
| (b) A cardiac catheterization service; | 22073 |
| (c) An open-heart surgery service; | 22074 |
| (d) Any new, experimental medical technology that is | 22075 |
| designated by rule of the public health council. | 22076 |
| (2) The acceptance of high-risk patients, as defined in rules | 22077 |
| adopted under section 3702.57 of the Revised Code, by any cardiac | 22078 |
| catheterization service that was initiated without a certificate | 22079 |
| of need pursuant to division (R)(3)(b) of the version of this | 22080 |
| section in effect immediately prior to April 20, 1995; | 22081 |
| (3)(a) The establishment, development, or construction of a | 22082 |
| new health care facility other than a new long-term care facility | 22083 |
| or a new hospital; | 22084 |
| (b) The establishment, development, or construction of a new | 22085 |
| hospital or the relocation of an existing hospital; | 22086 |
| (c) The relocation of hospital beds, other than long-term | 22087 |
| care, perinatal, or pediatric intensive care beds, into or out of | 22088 |
| a rural area. | 22089 |
| (4)(a) The replacement of an existing hospital; | 22090 |
| (b) The replacement of an existing hospital obstetric or | 22091 |
| newborn care unit or freestanding birthing center. | 22092 |
| (5)(a) The renovation of a hospital that involves a capital | 22093 |
|
expenditure, obligated on or after
| 22094 |
| 22095 | |
| including expenditures for equipment, staffing, or operational | 22096 |
| costs. For purposes of division (R)(5)(a) of this section, a | 22097 |
| capital expenditure is obligated: | 22098 |
| (i) When a contract enforceable under Ohio law is entered | 22099 |
| into for the construction, acquisition, lease, or financing of a | 22100 |
| capital asset; | 22101 |
| (ii) When the governing body of a hospital takes formal | 22102 |
| action to commit its own funds for a construction project | 22103 |
| undertaken by the hospital as its own contractor; | 22104 |
| (iii) In the case of donated property, on the date the gift | 22105 |
| is completed under applicable Ohio law. | 22106 |
| (b) The renovation of a hospital obstetric or newborn care | 22107 |
| unit or freestanding birthing center that involves a capital | 22108 |
| expenditure of five million dollars or more, not including | 22109 |
| expenditures for equipment, staffing, or operational costs. | 22110 |
| (6) Any change in the health care services, bed capacity, or | 22111 |
| site, or any other failure to conduct the reviewable activity in | 22112 |
| substantial accordance with the approved application for which a | 22113 |
| certificate of need was granted, if the change is made prior to | 22114 |
| the date the activity for which the certificate was issued ceases | 22115 |
| to be a reviewable activity; | 22116 |
| (7) Any of the following changes in perinatal bed capacity or | 22117 |
| pediatric intensive care bed capacity: | 22118 |
| (a) An increase in bed capacity; | 22119 |
| (b) A change in service or service-level designation of | 22120 |
| newborn care beds or obstetric beds in a hospital or freestanding | 22121 |
| birthing center, other than a change of service that is provided | 22122 |
| within the service-level designation of newborn care or obstetric | 22123 |
| beds as registered by the department of health; | 22124 |
| (c) A relocation of perinatal or pediatric intensive care | 22125 |
| beds from one physical facility or site to another, excluding the | 22126 |
| relocation of beds within a hospital or freestanding birthing | 22127 |
| center or the relocation of beds among buildings of a hospital or | 22128 |
| freestanding birthing center at the same site. | 22129 |
| (8) The expenditure of more than one hundred ten per cent of | 22130 |
| the maximum expenditure specified in a certificate of need; | 22131 |
| (9) Any transfer of a certificate of need issued prior to | 22132 |
| April 20, 1995, from the person to whom it was issued to another | 22133 |
| person before the project that constitutes a reviewable activity | 22134 |
| is completed, any agreement that contemplates the transfer of a | 22135 |
| certificate of need issued prior to that date upon completion of | 22136 |
| the project, and any transfer of the controlling interest in an | 22137 |
| entity that holds a certificate of need issued prior to that date. | 22138 |
| However, the transfer of a certificate of need issued prior to | 22139 |
| that date or agreement to transfer such a certificate of need from | 22140 |
| the person to whom the certificate of need was issued to an | 22141 |
| affiliated or related person does not constitute a reviewable | 22142 |
| transfer of a certificate of need for the purposes of this | 22143 |
| division, unless the transfer results in a change in the person | 22144 |
| that holds the ultimate controlling interest in the certificate of | 22145 |
| need. | 22146 |
| (10)(a) The acquisition by any person of any of the following | 22147 |
| medical equipment, regardless of the amount of operating costs or | 22148 |
| capital expenditure: | 22149 |
| (i) A cobalt radiation therapy unit; | 22150 |
| (ii) A linear accelerator; | 22151 |
| (iii) A gamma knife unit. | 22152 |
| (b) The acquisition by any person of medical equipment with a | 22153 |
| cost of two million dollars or more. The cost of acquiring medical | 22154 |
| equipment includes the sum of the following: | 22155 |
| (i) The greater of its fair market value or the cost of its | 22156 |
| lease or purchase; | 22157 |
| (ii) The cost of installation and any other activities | 22158 |
| essential to the acquisition of the equipment and its placement | 22159 |
| into service. | 22160 |
| (11) The addition of another cardiac catheterization | 22161 |
| laboratory to an existing cardiac catheterization service. | 22162 |
| (S) Except as provided in division (T) of this section, | 22163 |
| "reviewable activity" also means any of the following activities, | 22164 |
| none of which are subject to a termination date: | 22165 |
| (1) The establishment, development, or construction of a new | 22166 |
| long-term care facility; | 22167 |
| (2) The replacement of an existing long-term care facility; | 22168 |
| (3) The renovation of a long-term care facility that involves | 22169 |
| a capital expenditure of two million dollars or more, not | 22170 |
| including expenditures for equipment, staffing, or operational | 22171 |
| costs; | 22172 |
| (4) Any of the following changes in long-term care bed | 22173 |
| capacity: | 22174 |
| (a) An increase in bed capacity; | 22175 |
| (b) A relocation of beds from one physical facility or site | 22176 |
| to another, excluding the relocation of beds within a long-term | 22177 |
| care facility or among buildings of a long-term care facility at | 22178 |
| the same site; | 22179 |
| (c) A recategorization of hospital beds registered under | 22180 |
| section 3701.07 of the Revised Code from another registration | 22181 |
| category to skilled nursing beds or long-term care beds. | 22182 |
| (5) Any change in the health services, bed capacity, or site, | 22183 |
| or any other failure to conduct the reviewable activity in | 22184 |
| substantial accordance with the approved application for which a | 22185 |
| certificate of need concerning long-term care beds was granted, if | 22186 |
| the change is made within five years after the implementation of | 22187 |
| the reviewable activity for which the certificate was granted; | 22188 |
| (6) The expenditure of more than one hundred ten per cent of | 22189 |
| the maximum expenditure specified in a certificate of need | 22190 |
| concerning long-term care beds; | 22191 |
| (7) Any transfer of a certificate of need that concerns | 22192 |
| long-term care beds and was issued prior to April 20, 1995, from | 22193 |
| the person to whom it was issued to another person before the | 22194 |
| project that constitutes a reviewable activity is completed, any | 22195 |
| agreement that contemplates the transfer of such a certificate of | 22196 |
| need upon completion of the project, and any transfer of the | 22197 |
| controlling interest in an entity that holds such a certificate of | 22198 |
| need. However, the transfer of a certificate of need that concerns | 22199 |
| long-term care beds and was issued prior to April 20, 1995, or | 22200 |
| agreement to transfer such a certificate of need from the person | 22201 |
| to whom the certificate was issued to an affiliated or related | 22202 |
| person does not constitute a reviewable transfer of a certificate | 22203 |
| of need for purposes of this division, unless the transfer results | 22204 |
| in a change in the person that holds the ultimate controlling | 22205 |
| interest in the certificate of need. | 22206 |
| (T) "Reviewable activity" does not include any of the | 22207 |
| following activities: | 22208 |
| (1) Acquisition of computer hardware or software; | 22209 |
| (2) Acquisition of a telephone system; | 22210 |
| (3) Construction or acquisition of parking facilities; | 22211 |
| (4) Correction of cited deficiencies that are in violation of | 22212 |
| federal, state, or local fire, building, or safety laws and rules | 22213 |
| and that constitute an imminent threat to public health or safety; | 22214 |
| (5) Acquisition of an existing health care facility that does | 22215 |
| not involve a change in the number of the beds, by service, or in | 22216 |
| the number or type of health services; | 22217 |
| (6) Correction of cited deficiencies identified by | 22218 |
| accreditation surveys of the joint commission on accreditation of | 22219 |
| healthcare organizations or of the American osteopathic | 22220 |
| association; | 22221 |
| (7) Acquisition of medical equipment to replace the same or | 22222 |
| similar equipment for which a certificate of need has been issued | 22223 |
| if the replaced equipment is removed from service; | 22224 |
| (8) Mergers, consolidations, or other corporate | 22225 |
| reorganizations of health care facilities that do not involve a | 22226 |
| change in the number of beds, by service, or in the number or type | 22227 |
| of health services; | 22228 |
| (9) Construction, repair, or renovation of bathroom | 22229 |
| facilities; | 22230 |
| (10) Construction of laundry facilities, waste disposal | 22231 |
| facilities, dietary department projects, heating and air | 22232 |
| conditioning projects, administrative offices, and portions of | 22233 |
| medical office buildings used exclusively for physician services; | 22234 |
| (11) Acquisition of medical equipment to conduct research | 22235 |
| required by the United States food and drug administration or | 22236 |
| clinical trials sponsored by the national institute of health. Use | 22237 |
| of medical equipment that was acquired without a certificate of | 22238 |
| need under division (T)(11) of this section and for which | 22239 |
| premarket approval has been granted by the United States food and | 22240 |
| drug administration to provide services for which patients or | 22241 |
| reimbursement entities will be charged shall be a reviewable | 22242 |
| activity. | 22243 |
| (12) Removal of asbestos from a health care facility. | 22244 |
| Only that portion of a project that meets the requirements of | 22245 |
| division (T) of this section is not a reviewable activity. | 22246 |
| (U) "Small rural hospital" means a hospital that is located | 22247 |
| within a rural area, has fewer than one hundred beds, and to which | 22248 |
| fewer than four thousand persons were admitted during the most | 22249 |
| recent calendar year. | 22250 |
| (V) "Children's hospital" means any of the following: | 22251 |
| (1) A hospital registered under section 3701.07 of the | 22252 |
| Revised Code that provides general pediatric medical and surgical | 22253 |
| care, and in which at least seventy-five per cent of annual | 22254 |
| inpatient discharges for the preceding two calendar years were | 22255 |
| individuals less than eighteen years of age; | 22256 |
| (2) A distinct portion of a hospital registered under section | 22257 |
| 3701.07 of the Revised Code that provides general pediatric | 22258 |
| medical and surgical care, has a total of at least one hundred | 22259 |
| fifty registered pediatric special care and pediatric acute care | 22260 |
| beds, and in which at least seventy-five per cent of annual | 22261 |
| inpatient discharges for the preceding two calendar years were | 22262 |
| individuals less than eighteen years of age; | 22263 |
| (3) A distinct portion of a hospital, if the hospital is | 22264 |
| registered under section 3701.07 of the Revised Code as a | 22265 |
| children's hospital and the children's hospital meets all the | 22266 |
| requirements of division (V)(1) of this section. | 22267 |
| (W) "Long-term care facility" means any of the following: | 22268 |
| (1) A nursing home licensed under section 3721.02 of the | 22269 |
| Revised Code or by a political subdivision certified under section | 22270 |
| 3721.09 of the Revised Code; | 22271 |
| (2) The portion of any facility, including a county home or | 22272 |
| county nursing home, that is certified as a skilled nursing | 22273 |
| facility or a nursing facility under Title XVIII or XIX of the | 22274 |
| "Social Security Act"; | 22275 |
| (3) The portion of any hospital that contains beds registered | 22276 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 22277 |
| or long-term care beds. | 22278 |
| (X) "Long-term care bed" means a bed in a long-term care | 22279 |
| facility. | 22280 |
| (Y) "Perinatal bed" means a bed in a hospital that is | 22281 |
| registered under section 3701.07 of the Revised Code as a newborn | 22282 |
| care bed or obstetric bed, or a bed in a freestanding birthing | 22283 |
| center. | 22284 |
| (Z) "Freestanding birthing center" means any facility in | 22285 |
| which deliveries routinely occur, regardless of whether the | 22286 |
| facility is located on the campus of another health care facility, | 22287 |
| and which is not licensed under Chapter 3711. of the Revised Code | 22288 |
| as a level one, two, or three maternity unit or a limited | 22289 |
| maternity unit. | 22290 |
| (AA)(1) "Reviewability ruling" means a ruling issued by the | 22291 |
| director of health under division (A) of section 3702.52 of the | 22292 |
| Revised Code as to whether a particular proposed project is or is | 22293 |
| not a reviewable activity. | 22294 |
| (2) "Nonreviewability ruling" means a ruling issued under | 22295 |
| that division that a particular proposed project is not a | 22296 |
| reviewable activity. | 22297 |
| (BB)(1) "Metropolitan statistical area" means an area of this | 22298 |
| state designated a metropolitan statistical area or primary | 22299 |
| metropolitan statistical area in United States office of | 22300 |
| management and budget bulletin No. 93-17, June 30, 1993, and its | 22301 |
| attachments. | 22302 |
| (2) "Rural area" means any area of this state not located | 22303 |
| within a metropolitan statistical area. | 22304 |
| Sec. 3702.68. (A) Notwithstanding sections 3702.51 to | 22305 |
| 3702.62 of the Revised Code, this section applies to the review of | 22306 |
| certificate of need applications during the period beginning July | 22307 |
|
1, 1993, and ending
June 30,
| 22308 |
| As used in this section, "existing health care facility" has | 22309 |
| the same meaning as in section 3702.51 of the Revised Code. | 22310 |
| (B)(1) Except as provided in division (B)(2) of this section, | 22311 |
| the director of health shall neither grant nor deny any | 22312 |
| application for a certificate of need submitted prior to July 1, | 22313 |
| 1993, if the application was for any of the following and the | 22314 |
| director had not issued a written decision concerning the | 22315 |
| application prior to that date: | 22316 |
| (a) Approval of beds in a new health care facility or an | 22317 |
| increase of beds in an existing health care facility, if the beds | 22318 |
| are proposed to be licensed as nursing home beds under Chapter | 22319 |
| 3721. of the Revised Code; | 22320 |
| (b) Approval of beds in a new county home or new county | 22321 |
| nursing home as defined in section 5155.31 of the Revised Code, or | 22322 |
| an increase of beds in an existing county home or existing county | 22323 |
| nursing home, if the beds are proposed to be certified as skilled | 22324 |
| nursing facility beds under Title XVIII or nursing facility beds | 22325 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 22326 |
| 42 U.S.C.A. 301, as amended; | 22327 |
| (c) Recategorization of hospital beds as described in section | 22328 |
| 3702.522 of the Revised Code, an increase of hospital beds | 22329 |
| registered pursuant to section 3701.07 of the Revised Code as | 22330 |
| long-term care beds or skilled nursing facility beds, or a | 22331 |
| recategorization of hospital beds that would result in an increase | 22332 |
| of beds registered pursuant to that section as long-term care beds | 22333 |
| or skilled nursing facility beds. | 22334 |
| On July 1, 1993, the director shall return each such | 22335 |
| application to the applicant and, notwithstanding section 3702.52 | 22336 |
| of the Revised Code regarding the uses of the certificate of need | 22337 |
| fund, shall refund to the applicant the application fee paid under | 22338 |
| that section. Applications returned under division (B)(1) of this | 22339 |
| section may be resubmitted in accordance with section 3702.52 of | 22340 |
|
the Revised
Code no sooner than
July 1,
| 22341 |
| (2) The director shall continue to review and shall issue a | 22342 |
| decision regarding any application submitted prior to July 1, | 22343 |
| 1993, to increase beds for either of the purposes described in | 22344 |
| division (B)(1)(a) or (b) of this section if the proposed increase | 22345 |
| in beds is attributable solely to a replacement or relocation of | 22346 |
| existing beds within the same county. The director shall authorize | 22347 |
| under such an application no additional beds beyond those being | 22348 |
| replaced or relocated. | 22349 |
| (C)(1) Except as provided in division (C)(2) of this section, | 22350 |
| the director, during the period beginning July 1, 1993, and ending | 22351 |
|
June 30,
| 22352 |
| 3702.52 of the Revised Code any application for a certificate of | 22353 |
| need for any of the purposes described in divisions (B)(1)(a) to | 22354 |
| (c) of this section. | 22355 |
| (2)(a) The director shall accept for review any application | 22356 |
| for either of the purposes described in division (B)(1)(a) or (b) | 22357 |
| of this section if the proposed increase in beds is attributable | 22358 |
| solely to a replacement or relocation of existing beds from an | 22359 |
| existing health care facility within the same county. The director | 22360 |
| shall authorize under such an application no additional beds | 22361 |
| beyond those being replaced or
relocated.
| 22362 |
| The director shall not approve an application for a | 22363 |
| certificate of need for addition of long-term care beds to an | 22364 |
| existing health care facility by relocation of beds or for the | 22365 |
| development of a new health care facility by relocation of beds | 22366 |
| unless all of the following conditions are met: | 22367 |
| (i) The existing health care facility to which the beds are | 22368 |
| being relocated has no life safety code waivers, no state fire | 22369 |
| code violations, and no state building code violations; | 22370 |
| (ii) During the sixty month period preceding the filing of | 22371 |
| the application, no notice of proposed revocation of the | 22372 |
| facility's license was issued under section 3721.03 of the Revised | 22373 |
| Code to the operator of the existing facility to which the beds | 22374 |
| are being relocated or to any health care facility owned or | 22375 |
| operated by the applicant or any principal participant in the | 22376 |
| applicant; | 22377 |
| (iii) Neither the existing health care facility to which the | 22378 |
| beds are being relocated nor any health care facility owned or | 22379 |
| operated by the applicant or any principal participant in the same | 22380 |
| corporation or other business has had a long-standing pattern of | 22381 |
| violations of this chapter or deficiencies that caused one or more | 22382 |
| residents physical, emotional, mental, or psychosocial harm. | 22383 |
| (b) The director also shall accept for review any application | 22384 |
| 22385 | |
| conversion of infirmary
beds | 22386 |
| if the infirmary
| 22387 |
| (i) Is
operated exclusively by a
religious order | 22388 |
| (ii) Provides care exclusively to members of religious orders | 22389 |
| who take vows of celibacy and live by virtue of their vows within | 22390 |
| the orders as if related | 22391 |
| (iii) Was providing care exclusively to members of such a | 22392 |
| religious order on January 1, 1994. | 22393 |
| (D) The director shall issue a decision regarding any case | 22394 |
| remanded by a court as the result of a decision issued by the | 22395 |
| director prior to July 1, 1993, to grant, deny, or withdraw a | 22396 |
| certificate of need for any of the purposes described in divisions | 22397 |
| (B)(1)(a) to (c) of this section. | 22398 |
| (E) The director shall not project the need for beds listed | 22399 |
| in division (B)(1) of this section for the period beginning July | 22400 |
|
1, 1993, and ending
June 30,
| 22401 |
| This section is an interim section effective until July 1, | 22402 |
| 22403 |
| Sec. 3702.74. (A) A primary care physician who has signed a | 22404 |
| letter of intent under section 3702.73 of the Revised Code, the | 22405 |
| director of health, and the Ohio board of regents may enter into a | 22406 |
| contract for the physician's participation in the physician loan | 22407 |
| repayment program. A lending institution may also be a party to | 22408 |
| the contract. | 22409 |
| (B) The contract shall include all of the following | 22410 |
| obligations: | 22411 |
| (1) The primary care physician agrees to provide primary care | 22412 |
| services in the health resource shortage area identified in the | 22413 |
| letter of intent for at least two years or one year per twenty | 22414 |
| thousand dollars of repayment agreed to under division (B)(3) of | 22415 |
| this section, whichever is greater; | 22416 |
| (2) When providing primary care services in the health | 22417 |
| resource shortage area, the primary care physician agrees to do | 22418 |
| all of the following: | 22419 |
| (a) Provide primary care services for a minimum of forty | 22420 |
| hours per week; | 22421 |
| (b) Provide primary care services without regard to a | 22422 |
| patient's ability to pay; | 22423 |
| (c) Meet the conditions prescribed by the "Social Security | 22424 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the | 22425 |
| department of job and family services for participation in the | 22426 |
| medical assistance program established under Chapter 5111. of the | 22427 |
| Revised Code and enter into a contract with the department to | 22428 |
| provide primary care services to recipients of the medical | 22429 |
|
assistance
program | 22430 |
| | 22431 |
| 22432 | |
| 22433 | |
| 22434 | |
| 22435 | |
| 22436 |
| (3) The Ohio board of regents agrees, as provided in section | 22437 |
| 3702.75 of the Revised Code, to repay, so long as the primary care | 22438 |
| physician performs the service obligation agreed to under division | 22439 |
| (B)(1) of this section, all or part of the principal and interest | 22440 |
| of a government or other educational loan taken by the primary | 22441 |
| care physician for expenses described in section 3702.75 of the | 22442 |
| Revised Code; | 22443 |
| (4) The primary care physician agrees to pay the board the | 22444 |
| following as damages if the physician fails to complete the | 22445 |
| service obligation agreed to under division (B)(1) of this | 22446 |
| section: | 22447 |
| (a) If the failure occurs during the first two years of the | 22448 |
| service obligation, three times the total amount the board has | 22449 |
| agreed to repay under division (B)(3) of this section; | 22450 |
| (b) If the failure occurs after the first two years of the | 22451 |
| service obligation, three times the amount the board is still | 22452 |
| obligated to repay under division (B)(3) of this section. | 22453 |
| (C) The contract may include any other terms agreed upon by | 22454 |
| the parties, including an assignment to the Ohio board of regents | 22455 |
| of the physician's duty to pay the principal and interest of a | 22456 |
| government or other educational loan taken by the physician for | 22457 |
| expenses described in section 3702.75 of the Revised Code. If the | 22458 |
| board assumes the physician's duty to pay a loan, the contract | 22459 |
| shall set forth the total amount of principal and interest to be | 22460 |
| paid, an amortization schedule, and the amount of each payment to | 22461 |
| be made under the schedule. | 22462 |
| Sec. 3702.83. The department of health shall administer a | 22463 |
| program, to be known as the J-1 visa waiver program, for | 22464 |
| recruiting physicians who received graduate medical education or | 22465 |
| training in the United States but are not citizens of the United | 22466 |
| States to serve in areas of the state designated by the United | 22467 |
| States secretary of health and human services as health | 22468 |
| professional shortage areas under the "Public Health Service Act," | 22469 |
| 88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the | 22470 |
| program, the department of health shall accept and review | 22471 |
| applications for placement of persons seeking to remain in the | 22472 |
| United States pursuant to the "Immigration and Nationality Act," | 22473 |
| 66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended, | 22474 |
| by obtaining a waiver of the federal requirement that they return | 22475 |
| to their home countries for a minimum of two years after | 22476 |
| completing the graduate medical education or training for which | 22477 |
| they were admitted to the United States. The department shall | 22478 |
| administer the program in accordance with the "Immigration and | 22479 |
| Nationality Act" and the regulations adopted under it. | 22480 |
| For each application accepted for review under this section, | 22481 |
| the department shall charge a fee of three thousand five hundred | 22482 |
| seventy-one dollars. The fee is nonrefundable. All fees collected | 22483 |
| shall be deposited into the state treasury to the credit of | 22484 |
| general operations fund created in section 3701.83 of the Revised | 22485 |
| Code. | 22486 |
| Sec. 3703.01. (A) The division of industrial compliance in | 22487 |
| the department of commerce shall: | 22488 |
| | 22489 |
| 3781.06 of the Revised Code; | 22490 |
| | 22491 |
| found in connection with such places; | 22492 |
| | 22493 |
| insure the safety of the public health. | 22494 |
| (B) The division of industrial compliance and boards of | 22495 |
| health of city and general health districts shall not inspect | 22496 |
| plumbing or collect fees for inspecting plumbing in particular | 22497 |
| types of buildings in any municipal corporation that has been | 22498 |
| certified by the board of building standards under section 3781.10 | 22499 |
| of the Revised Code to exercise enforcement authority for plumbing | 22500 |
| in such types of buildings. | 22501 |
| (C) The division shall not inspect plumbing or collect fees | 22502 |
| for inspecting plumbing in particular types of buildings in any | 22503 |
| health district that has employed one or more approved plumbing | 22504 |
| inspectors to enforce Chapters 3781. and 3791. of the Revised Code | 22505 |
| and the regulations adopted pursuant thereto relating to plumbing | 22506 |
| in such types of buildings. | 22507 |
| (D) A municipal corporation does not have jurisdiction to | 22508 |
| inspect plumbing or collect fees for the inspection of plumbing in | 22509 |
| types of buildings for which it has not been certified by the | 22510 |
| board of building standards under section 3781.10 of the Revised | 22511 |
| Code to exercise enforcement authority for plumbing in such types | 22512 |
| of buildings. A board of health of a health district does not have | 22513 |
| jurisdiction to inspect plumbing or collect fees for the | 22514 |
| inspection of plumbing in types of buildings for which it does not | 22515 |
| have an approved plumbing inspector for such types of buildings. | 22516 |
| (E) The superintendent of industrial compliance shall adopt | 22517 |
| rules prescribing minimum qualifications based on education, | 22518 |
| training,
experience, or demonstrated ability, which the | 22519 |
| superintendent
shall use in | 22520 |
| plumbing inspectors to do plumbing inspections for health | 22521 |
| districts and for the continuing education of plumbing inspectors. | 22522 |
| Such minimum qualifications shall be related to the types of | 22523 |
| buildings for which a person seeks approval. | 22524 |
| (F) The superintendent may enter into reciprocal | 22525 |
| registration, licensure, or certification agreements with other | 22526 |
| states and other agencies of this state relative to plumbing | 22527 |
| inspectors if both of the following apply: | 22528 |
| (1) The requirements for registration, licensure, or | 22529 |
| certification of plumbing inspectors under the laws of the other | 22530 |
| state or laws administered by the other agency are substantially | 22531 |
| equal to the requirements the superintendent adopts under division | 22532 |
| (E) of this section for certifying plumbing inspectors. | 22533 |
| (2) The other state or agency extends similar reciprocity to | 22534 |
| persons certified under this chapter. | 22535 |
| (G) The superintendent may select and contract with one or | 22536 |
| more persons to do all of the following regarding examinations for | 22537 |
| certification of plumbing inspectors: | 22538 |
| (1) Prepare, administer, score, and maintain the | 22539 |
| confidentiality of the examination; | 22540 |
| (2) Maintain responsibility for all expenses required to | 22541 |
| comply with division (G)(1) of this section; | 22542 |
| (3) Charge each applicant a fee for administering the | 22543 |
| examination in an amount the superintendent authorizes; | 22544 |
| (4) Design the examination for certification of plumbing | 22545 |
| inspectors to determine an applicant's competence to inspect | 22546 |
| plumbing. | 22547 |
| (H) Standards and methods prescribed in local plumbing | 22548 |
| regulations shall not be less than those prescribed in Chapters | 22549 |
| 3781. and 3791. of the Revised Code and the regulations adopted | 22550 |
| thereunder. | 22551 |
| (I) The division shall make a plumbing inspection of any | 22552 |
| building or other place that there is reason to believe is in such | 22553 |
| a condition as to be a menace to the public health. | 22554 |
| Sec. 3703.03. In the administration of sections 3703.01 to | 22555 |
| 3703.09 of the Revised Code, the division of industrial compliance | 22556 |
| 22557 | |
| plumbing adopted by the board of building standards under | 22558 |
| authority of sections 3781.10 and 3781.11 of the Revised Code, and | 22559 |
| register those persons engaged in or at the plumbing business. | 22560 |
| Plans and specifications for all plumbing to be installed in | 22561 |
| or for buildings coming within such sections shall be submitted to | 22562 |
| and approved by the division before the contract for plumbing is | 22563 |
| let. | 22564 |
| Sec. 3703.04. The
| 22565 |
| industrial compliance shall appoint such number of plumbing | 22566 |
| inspectors as is required. The inspectors shall be practical | 22567 |
| plumbers with at least seven years' experience, and skilled and | 22568 |
| well-trained in matters pertaining to sanitary regulations | 22569 |
| concerning plumbing work. | 22570 |
| | 22571 |
| 22572 | |
| 22573 | |
| 22574 | |
| 22575 |
| Sec. 3703.05. Plumbing inspectors employed by the | 22576 |
| division of
| 22577 |
| enforcement of sections 3703.01 to 3703.09 of the
Revised Code | 22578 |
| may, between sunrise and sunset, enter any building where there is | 22579 |
| good and sufficient reason to believe that the sanitary condition | 22580 |
| of the premises endangers the public health, for the purpose of | 22581 |
| making an inspection to ascertain the condition of the premises. | 22582 |
| Sec. 3703.06. When any building is found to be in a sanitary | 22583 |
| condition or when changes which are ordered, under authority of | 22584 |
| this chapter, in the plumbing, drainage, or ventilation have been | 22585 |
| made, and after a thorough inspection and approval by
the | 22586 |
| superintendent of industrial compliance | 22587 |
| 22588 | |
| 22589 | |
| 22590 | |
| the benefit of the public at large. Upon notification by the | 22591 |
| superintendent, the certificate shall be revoked for any violation | 22592 |
| of those sections. | 22593 |
| Sec. 3703.07. No plumbing work shall be done in any building | 22594 |
| or place coming within the jurisdiction of the
| 22595 |
| of | 22596 |
| leaks in existing plumbing, until a permit has been issued by the | 22597 |
| 22598 |
| Before granting such permit, an application shall be made by | 22599 |
| the owner of the property or by the person, firm, or corporation | 22600 |
| which is to do the work. The application shall be made on a form | 22601 |
| prepared by the | 22602 |
| application shall be accompanied by a fee of twenty-seven dollars, | 22603 |
| and an additional fee of seven dollars for each trap, vented | 22604 |
| fixture, appliance, or device. Each application also shall be | 22605 |
| accompanied by a plan approval fee of eighteen dollars for work | 22606 |
| containing one through twenty fixtures; thirty-six dollars for | 22607 |
| work containing twenty-one through forty fixtures; and fifty-four | 22608 |
| dollars for work containing forty-one or more fixtures. | 22609 |
| Whenever a reinspection is made necessary by the failure of | 22610 |
| the applicant or plumbing contractor to have the work ready for | 22611 |
| inspection when so reported, or by reason of faulty or improper | 22612 |
| installation, the person shall pay a fee of forty-five dollars for | 22613 |
| each reinspection. | 22614 |
| All fees collected pursuant to this section shall be paid | 22615 |
| into the state treasury to the credit of the industrial compliance | 22616 |
| operating fund created in section 121.084 of the Revised Code. | 22617 |
| The | 22618 |
| compliance, by rule adopted in accordance with Chapter 119. of the | 22619 |
| Revised Code, may increase the fees required by this section and | 22620 |
| may establish fees to pay the costs of the division to fulfill its | 22621 |
| duties established by this chapter, including, but not limited to, | 22622 |
| fees for administering a program for continuing education for, and | 22623 |
| certifying and recertifying plumbing inspectors. The fees shall | 22624 |
| bear some reasonable relationship to the cost of administering and | 22625 |
| enforcing the provisions of this chapter. | 22626 |
| Sec. 3703.08. Any owner, agent, or manager, of a building in | 22627 |
| which an
inspection is made by the | 22628 |
| industrial compliance, a board of health of a health district, or | 22629 |
| a certified department of building inspection of a municipal | 22630 |
| corporation | 22631 |
| ventilation repaired, as the
| 22632 |
| board of health, or department of building inspection directs by | 22633 |
| its order. After due notice to repair such work is given, the | 22634 |
| owner, agent, or manager shall notify the public authority that | 22635 |
| issued the order when the work is ready for its inspection. No | 22636 |
| person shall fail to have the work ready for inspection at the | 22637 |
| time specified in the notice. | 22638 |
| Sec. 3703.10. All prosecutions and proceedings by the | 22639 |
| 22640 | |
| violation of sections 3703.01 to 3703.09 of the Revised Code, or | 22641 |
| for the
violation of any of the orders or rules of the | 22642 |
| division under those sections, shall be instituted
by the | 22643 |
| superintendent of | 22644 |
| judgments collected by the
| 22645 |
| the state treasury to the credit of the industrial compliance | 22646 |
| operating fund created by section 121.084 of the Revised Code. | 22647 |
| The | 22648 |
| or city health district, or any person charged with enforcing the | 22649 |
| rules of the | 22650 |
| 3703.09 of the Revised Code may petition the court of common pleas | 22651 |
| for injunctive or other appropriate relief requiring any person | 22652 |
| violating a rule adopted or order issued by the | 22653 |
| superintendent under those sections to comply with the rule or | 22654 |
| order. The court of common pleas of the county in which the | 22655 |
| offense is alleged to be occurring may grant injunctive or other | 22656 |
| appropriate relief. | 22657 |
| The superintendent may do all of the following: | 22658 |
| (A) Deny an applicant certification as a plumbing inspector; | 22659 |
| (B) Suspend or revoke the certification of a plumbing | 22660 |
| inspector; | 22661 |
| (C) Examine any certified plumbing inspector under oath; | 22662 |
| (D) Examine the records and books of any certified plumbing | 22663 |
| inspector if the superintendent finds the material to be examined | 22664 |
| relevant to a determination described in division (A), (B), or (C) | 22665 |
| of this section. | 22666 |
| Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09 | 22667 |
| of the Revised
Code, or any rule the
| 22668 |
| 22669 | |
| sections, shall be fined not less than ten nor more than one | 22670 |
| hundred dollars or imprisoned for not less than ten nor more than | 22671 |
| ninety days, or both. No person shall be imprisoned under this | 22672 |
| section for the first offense, and the prosecution always shall be | 22673 |
| as for a first offense unless the affidavit upon which the | 22674 |
| prosecution is instituted contains the allegation that the offense | 22675 |
| is a second or repeated offense. | 22676 |
| Sec. 3705.24. (A)(1) The public health council shall, in | 22677 |
| accordance with section 111.15 of the Revised Code, adopt rules | 22678 |
| prescribing fees for the following services provided by the state | 22679 |
| office of vital statistics: | 22680 |
| (a) Except as provided in division (A)(4) of this section: | 22681 |
| (i) A certified copy of a vital record or a certification of | 22682 |
| birth; | 22683 |
| (ii) A search by the office of vital statistics of its files | 22684 |
| and records pursuant to a request for information, regardless of | 22685 |
| whether a copy of a record is provided; | 22686 |
| (iii) A copy of a record provided pursuant to a request; | 22687 |
| (b) Replacement of a birth certificate following an adoption, | 22688 |
| legitimation, paternity determination or acknowledgement, or court | 22689 |
| order; | 22690 |
| (c) Filing of a delayed registration of a vital record; | 22691 |
| (d) Amendment of a vital record that is requested later than | 22692 |
| one year after the filing date of the vital record; | 22693 |
| (e) Any other documents or services for which the public | 22694 |
| health council considers the charging of a fee appropriate. | 22695 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 22696 |
| shall not be less than seven dollars. | 22697 |
| (3) Fees prescribed under division (A)(1) of this section | 22698 |
| shall be collected in addition to any | 22699 |
| sections 3109.14 and 3705.242 of the Revised Code. | 22700 |
| (4) Fees prescribed under division (A) of this section shall | 22701 |
| not apply to certifications issued under division (H) of this | 22702 |
| section or copies provided under section 3705.241 of the Revised | 22703 |
| Code. | 22704 |
| (B) In addition to the fees prescribed under division (A) of | 22705 |
| this section or section 3709.09 of the Revised Code, the office of | 22706 |
| vital statistics or the board of health of a city or general | 22707 |
| health district shall charge a five-dollar fee for each certified | 22708 |
| copy of a vital record and each certification of birth. This fee | 22709 |
| shall be deposited in the general operations fund created under | 22710 |
| section 3701.83 of the Revised Code and be used solely toward the | 22711 |
| modernization and automation of the system of vital records in | 22712 |
| this state. A board of health shall forward all fees collected | 22713 |
| under this division to the department of health not later than | 22714 |
| thirty days after the end of each calendar quarter. | 22715 |
| (C) Except as otherwise provided in division (H) of this | 22716 |
| section, and except as provided in section 3705.241 of the Revised | 22717 |
| Code, fees collected by the director of health under sections | 22718 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 22719 |
| state treasury to the credit of the general operations fund | 22720 |
| created by section 3701.83 of the Revised Code. Except as provided | 22721 |
| in division (B) of this section, money generated by the fees shall | 22722 |
| be used only for administration and enforcement of this chapter | 22723 |
| and the rules adopted under it. Amounts submitted to the | 22724 |
| department of health for copies of vital records or services in | 22725 |
| excess of the fees imposed by this section shall be dealt with as | 22726 |
| follows: | 22727 |
| (1) An overpayment of two dollars or less shall be retained | 22728 |
| by the department and deposited in the state treasury to the | 22729 |
| credit of the general operations fund created by section 3701.83 | 22730 |
| of the Revised Code. | 22731 |
| (2) An overpayment in excess of two dollars shall be returned | 22732 |
| to the person who made the overpayment. | 22733 |
| (D) If a local registrar is a salaried employee of a city or | 22734 |
| a general health district, any fees the local registrar receives | 22735 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 22736 |
| the general fund of the city or the health fund of the general | 22737 |
| health district. | 22738 |
| Each local registrar of vital statistics, or each health | 22739 |
| district where the local registrar is a salaried employee of the | 22740 |
| district, shall be entitled to a fee for each birth, fetal death, | 22741 |
| death, or military service certificate properly and completely | 22742 |
| made out and registered with the local registrar or district and | 22743 |
| correctly copied and forwarded to the office of vital statistics | 22744 |
| in accordance with the population of the primary registration | 22745 |
| district at the last federal census. The fee for each birth, fetal | 22746 |
| death, death, or military service certificate shall be: | 22747 |
| (1) In primary registration districts of over two hundred | 22748 |
| fifty thousand, twenty cents; | 22749 |
| (2) In primary registration districts of over one hundred | 22750 |
| twenty-five thousand and less than two hundred fifty thousand, | 22751 |
| sixty cents; | 22752 |
| (3) In primary registration districts of over fifty thousand | 22753 |
| and less than one hundred twenty-five thousand, eighty cents; | 22754 |
| (4) In primary registration districts of less than fifty | 22755 |
| thousand, one dollar. | 22756 |
| (E) The director of health shall annually certify to the | 22757 |
| county treasurers of the several counties the number of birth, | 22758 |
| fetal death, death, and military service certificates registered | 22759 |
| from their respective counties with the names of the local | 22760 |
| registrars and the amounts due each registrar and health district | 22761 |
| at the rates fixed in this section. Such amounts shall be paid by | 22762 |
| the treasurer of the county in which the registration districts | 22763 |
| are located. No fees shall be charged or collected by registrars | 22764 |
| except as provided by this chapter and section 3109.14 of the | 22765 |
| Revised Code. | 22766 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 22767 |
| each certified abstract of marriage prepared and forwarded by the | 22768 |
| probate judge to the department of health pursuant to section | 22769 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 22770 |
| fee paid for a marriage license and shall be paid by the | 22771 |
| applicants for the license. | 22772 |
| (G) The clerk of a court of common pleas shall be paid a fee | 22773 |
| of one dollar for each certificate of divorce, dissolution, and | 22774 |
| annulment of marriage prepared and forwarded by the clerk to the | 22775 |
| department pursuant to section 3705.21 of the Revised Code. The | 22776 |
| fee for the certified abstract of divorce, dissolution, or | 22777 |
| annulment of marriage shall be added to the court costs allowed in | 22778 |
| these cases. | 22779 |
| (H) The fee for an heirloom certification of birth issued | 22780 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 22781 |
| shall be an amount prescribed by rule by the director of health | 22782 |
| plus any fee required by section 3109.14 of the Revised Code. In | 22783 |
| setting the amount of the fee, the director shall establish a | 22784 |
| surcharge in addition to an amount necessary to offset the expense | 22785 |
| of processing heirloom certifications of birth. The fee prescribed | 22786 |
| by the director of health pursuant to this division shall be | 22787 |
| deposited into the state treasury to the credit of the heirloom | 22788 |
| certification of birth fund which is hereby created. Money | 22789 |
| credited to the fund shall be used by the office of vital | 22790 |
| statistics to offset the expense of processing heirloom | 22791 |
| certifications of birth. However, the money collected for the | 22792 |
| surcharge, subject to the approval of the controlling board, shall | 22793 |
| be used for the purposes specified by the family and children | 22794 |
| first council pursuant to section 121.37 of the Revised Code. | 22795 |
| Sec. 3705.242. (A)(1) The director of health, a person | 22796 |
| authorized by the director, a local commissioner of health, or a | 22797 |
| local registrar of vital statistics shall charge and collect a fee | 22798 |
| of one dollar and fifty cents for each certified copy of a birth | 22799 |
| record, each certification of birth, and each copy of a death | 22800 |
| record. The fee is in addition to the fee imposed by section | 22801 |
| 3705.24 or any other section of the Revised Code. A local | 22802 |
| commissioner of health or local registrar of vital statistics may | 22803 |
| retain an amount of each additional fee collected, not to exceed | 22804 |
| three per cent of the amount of the additional fee, to be used for | 22805 |
| costs directly related to the collection of the fee and the | 22806 |
| forwarding of the fee to the treasurer of state. | 22807 |
| (2) On the filing of a divorce decree under section 3105.10 | 22808 |
| or a decree of dissolution under section 3105.65 of the Revised | 22809 |
| Code, a court of common pleas shall charge and collect a fee of | 22810 |
| five dollars and fifty cents. The fee is in addition to any other | 22811 |
| court costs or fees. The county clerk of courts may retain an | 22812 |
| amount of each additional fee collected, not to exceed three per | 22813 |
| cent of the amount of the additional fee, to be used for costs | 22814 |
| directly related to the collection of the fee and the forwarding | 22815 |
| of the fee to the treasurer of state. | 22816 |
| (B) The additional fees collected, but not retained, under | 22817 |
| this section during each month shall be forwarded not later than | 22818 |
| the tenth day of the immediately following month to the treasurer | 22819 |
| of state, who shall deposit the fees in the state treasury to the | 22820 |
| credit of the family violence prevention fund, which is hereby | 22821 |
| created. A person or government entity that fails to forward the | 22822 |
| fees in a timely manner, as determined by the treasurer of state, | 22823 |
| shall forward to the treasurer of state, in addition to the fees, | 22824 |
| a penalty equal to ten per cent of the fees. | 22825 |
| The treasurer of state shall invest the moneys in the fund. | 22826 |
| All earnings resulting from investment of the fund shall be | 22827 |
| credited to the fund, except that actual administration costs | 22828 |
| incurred by the treasurer of state in administering the fund may | 22829 |
| be deducted from the earnings resulting from investments. The | 22830 |
| amount that may be deducted shall not exceed three per cent of the | 22831 |
| total amount of fees credited to the fund in each fiscal year. The | 22832 |
| balance of the investment earnings shall be credited to the fund. | 22833 |
| (C) The director of public safety shall use money credited to | 22834 |
| the fund to provide grants to family violence shelters in Ohio. | 22835 |
| Sec. 3709.29. If the estimated amount of money necessary to | 22836 |
| meet the expenses of a general health district program will not be | 22837 |
| forthcoming to the board of health of | 22838 |
| district health fund because the taxes within the ten-mill | 22839 |
| limitation will be insufficient, the board of health shall certify | 22840 |
| 22841 | |
| program to the board of county commissioners of the county in | 22842 |
| which | 22843 |
| commissioners is | 22844 |
| authority for the purposes of this section only, and, | 22845 |
| notwithstanding any other law to the contrary, the board of county | 22846 |
| commissioners of any county in which a general health district is | 22847 |
| located is the taxing authority for | 22848 |
| section
outside the ten-mill limitation. | 22849 |
| Upon receipt of the board of health's certification, the | 22850 |
| board of county
commissioners | 22851 |
| preceding that in
which | 22852 |
| will be effective, by vote of two-thirds of all the members of | 22853 |
| that body, shall declare by resolution that the amount of taxes | 22854 |
| 22855 | |
| insufficient to provide an adequate amount for the necessary | 22856 |
| requirements of | 22857 |
| is necessary to levy a tax in excess of | 22858 |
| order to provide the board of health with sufficient funds to | 22859 |
| carry out | 22860 |
| space and utilities. | 22861 |
| board of elections not later than four p.m. of the seventy-fifth | 22862 |
| day before the day of the relevant primary or general
election | 22863 |
| | 22864 |
|
rate | 22865 |
| during
which | 22866 |
| shall not be for a longer period than ten years. The | 22867 |
| | 22868 |
| Revised Code and be certified and submitted in the manner provided | 22869 |
| in section 5705.25 of the Revised Code, provided that the proposal | 22870 |
| shall be placed on the ballot at the next primary or general | 22871 |
| election occurring more than seventy-five days after the | 22872 |
| resolution is filed with the board of elections. | 22873 |
| Sec. 3709.34. (A) The | 22874 |
| legislative authority of any city may furnish suitable quarters | 22875 |
| for any board of health or health department having jurisdiction | 22876 |
| over all or a major part of | 22877 |
| (B)(1) Subject to division (B)(6) of this section, through | 22878 |
| fiscal year 2005, the board of county commissioners shall provide | 22879 |
| office space and utilities for the board of health having | 22880 |
| jurisdiction over the county's general health district. | 22881 |
| Thereafter, subject to division (B)(6) of this section, the board | 22882 |
| of county commissioners shall make payments as provided in | 22883 |
| divisions (B)(2) and (3) of this section for the office space and | 22884 |
| utilities until fiscal year 2010. Starting in fiscal year 2010, | 22885 |
| the board has no duty to provide office space or utilities, or to | 22886 |
| make payments for office space or utilities, for the board of | 22887 |
| health of the county's general health district. | 22888 |
| (2)(a) Not later than the thirtieth day of September 2005, | 22889 |
| 2006, 2007, and 2008, the board of county commissioners shall make | 22890 |
| a written estimate of the total cost for the ensuing fiscal year | 22891 |
| to provide office space and utilities to the board of health of | 22892 |
| the county's general health district. The estimate of total cost | 22893 |
| shall include all of the following: | 22894 |
| (i) The total square feet of space to be used by the board of | 22895 |
| health; | 22896 |
| (ii) The total square feet of any common areas that should be | 22897 |
| reasonably allocated to the board of health and the method for | 22898 |
| making this allocation; | 22899 |
| (iii) The actual cost per square foot for both the space used | 22900 |
| by and the common areas allocated to the board of health; | 22901 |
| (iv) An explanation of the method used to determine the | 22902 |
| actual cost per square foot; | 22903 |
| (v) The estimated cost of providing utilities, including an | 22904 |
| explanation of how this cost was determined; | 22905 |
| (vi) Any other estimated costs the board of county | 22906 |
| commissioners anticipates will be incurred to provide office space | 22907 |
| and utilities to the board of health, including a detailed | 22908 |
| explanation of those costs and the rationale used to determine | 22909 |
| them. | 22910 |
| (b) The board of county commissioners shall forward a copy of | 22911 |
| the estimate of total cost to the director of the board of health | 22912 |
| not later than the fifth day of October 2005, 2006, 2007, and | 22913 |
| 2008. The director shall review the estimate and notify the board | 22914 |
| of county commissioners not later than twenty days after its | 22915 |
| receipt of either agreement with it or any specific objections to | 22916 |
| it and the reasons for the objections. If the director agrees with | 22917 |
| the estimate, it shall become the final estimate of total cost. | 22918 |
| Failure of the director to make objections to the estimate by the | 22919 |
| twentieth day after its receipt shall be deemed to mean that the | 22920 |
| director is in agreement with the estimate. | 22921 |
| If the director timely provides specific objections to the | 22922 |
| board of county commissioners, the board shall review the | 22923 |
| objections and may modify the original estimate and send a revised | 22924 |
| estimate of total cost to the director within ten days after | 22925 |
| receipt of the objections. The director shall respond to a revised | 22926 |
| estimate within ten days after its receipt. If the director agrees | 22927 |
| with it, the revised estimate shall become the final estimate of | 22928 |
| total cost. If the director fails to respond within the ten-day | 22929 |
| period, the director shall be deemed to have agreed with the | 22930 |
| revised estimate. If the director disagrees with the revised | 22931 |
| estimate, the director shall send specific objections to the board | 22932 |
| of county commissioners within the ten-day period. | 22933 |
| (c) If the director sends specific objections to a revised | 22934 |
| estimate within the required time, or if there is no revised | 22935 |
| estimate and the director timely objected to the original | 22936 |
| estimate, the probate judge of the county shall determine the | 22937 |
| final estimate of total cost and certify this amount to the | 22938 |
| director and the board of county commissioners before the first | 22939 |
| day of January 2006, 2007, 2008, or 2009, as applicable. | 22940 |
| (3)(a) Subject to division (B)(6) of this section, a board of | 22941 |
| county commissioners shall be responsible for the following | 22942 |
| percentages of the final estimate of total cost established by | 22943 |
| division (B)(2) of this section: | 22944 |
| (i) Eighty per cent for fiscal year 2006; | 22945 |
| (ii) Sixty per cent for fiscal year 2007; | 22946 |
| (iii) Forty per cent for fiscal year 2008; | 22947 |
| (iv) Twenty per cent for fiscal year 2009. | 22948 |
| (b) In fiscal years 2006, 2007, 2008, and 2009, the board of | 22949 |
| health of the county's general health district shall be | 22950 |
| responsible for the payment of the remainder of any costs incurred | 22951 |
| in excess of the amount payable under division (B)(3)(a)(i), (ii), | 22952 |
| (iii), or (iv) of this section, as applicable, for the provision | 22953 |
| of office space and utilities for the board of health, including | 22954 |
| any unanticipated or unexpected increases in costs beyond the | 22955 |
| final estimate of total cost. | 22956 |
| (c) Beginning in fiscal year 2010, the board of county | 22957 |
| commissioners has no obligation to provide office space or | 22958 |
| utilities, or to make payments for office space or utilities, for | 22959 |
| the board of health. | 22960 |
| (4) After fiscal year 2009, the board of county commissioners | 22961 |
| and the board of health of the county's general health district | 22962 |
| may enter into a contract for the board of county commissioners to | 22963 |
| provide office space for the use of the board of health and to | 22964 |
| provide utilities for that office space. The term of any such | 22965 |
| contract shall not exceed four years and may be renewed for | 22966 |
| additional periods not to exceed four years. | 22967 |
| (5) In any fiscal year, notwithstanding any contrary | 22968 |
| provision of divisions (B)(1) to (4) of this section, the board of | 22969 |
| county commissioners, in its discretion, may provide office space | 22970 |
| and utilities for the board of health of the county's general | 22971 |
| health district free of charge. | 22972 |
| (6) If the board of health of a general health district | 22973 |
| rents, leases, lease-purchases, or otherwise acquires office space | 22974 |
| to facilitate the performance of its functions, or constructs, | 22975 |
| enlarges, renovates, or otherwise modifies buildings or other | 22976 |
| structures to provide office space to facilitate the performance | 22977 |
| of its functions, the board of county commissioners of the county | 22978 |
| served by the general health district has no further obligation | 22979 |
| under division (B) of this section to provide office space or | 22980 |
| utilities, or to make payments for office space or utilities, for | 22981 |
| the board of health, unless the board of county commissioners | 22982 |
| enters into a contract under division (B)(4) of this section or | 22983 |
| exercises its option under division (B)(5) of this section. | 22984 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 22985 |
| Revised Code, the public health council shall adopt, and may amend | 22986 |
| and rescind, rules: | 22987 |
| (1) Providing for the licensing of persons or public agencies | 22988 |
| providing hospice care programs within this state by the | 22989 |
| department of health and for the suspension and revocation of | 22990 |
| licenses; | 22991 |
| (2) Establishing a license fee and license renewal fee not to | 22992 |
| exceed three hundred dollars. The fees shall cover the three-year | 22993 |
| period during which an existing license is valid as provided in | 22994 |
| division (B) of section 3712.04 of the Revised Code. | 22995 |
| (3) Establishing an inspection fee not to exceed one thousand | 22996 |
| seven hundred fifty dollars; | 22997 |
| (4) Establishing requirements for hospice care program | 22998 |
| facilities and services; | 22999 |
| | 23000 |
| provision of physical, occupational, or speech or language therapy | 23001 |
| contained in division (A)(2) of section 3712.01 of the Revised | 23002 |
| Code when the requirement would create a hardship because such | 23003 |
| therapy is not readily available in the geographic area served by | 23004 |
| the provider of a hospice care program; | 23005 |
| | 23006 |
| hospice care programs to persons and public agencies that are | 23007 |
| accredited or certified to provide such programs by an entity | 23008 |
| whose standards for accreditation or certification equal or exceed | 23009 |
| those provided for licensure under this chapter and rules adopted | 23010 |
| under it; and | 23011 |
| | 23012 |
| (B) Subject to the approval of the controlling board, the | 23013 |
| public health council may establish fees in excess of the amounts | 23014 |
| provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised | 23015 |
| Code, provided that the fees do not exceed those amounts by | 23016 |
| greater than fifty per cent. | 23017 |
| (C) The department of health shall: | 23018 |
| (1) Grant, suspend, and revoke licenses for hospice care | 23019 |
| programs in accordance with this chapter and rules adopted under | 23020 |
| it; | 23021 |
| (2) Make such inspections as are necessary to determine | 23022 |
| whether hospice care program facilities and services meet the | 23023 |
| requirements of this chapter and rules adopted under it; and | 23024 |
| (3) Implement and enforce this chapter and rules adopted | 23025 |
| under it. | 23026 |
| Sec. 3715.04. (A) As used in this section: | 23027 |
| (1) "Certificate of health and freesale" means a document | 23028 |
| issued by the director of agriculture that certifies to states and | 23029 |
| countries receiving products that the products have been produced | 23030 |
| and warehoused in this state under sanitary conditions at a food | 23031 |
| processing establishment or at a place of business of a | 23032 |
| manufacturer of over-the-counter drugs or cosmetics, as | 23033 |
| applicable, that has been inspected by the department of | 23034 |
| agriculture. Other names of documents that are synonymous with | 23035 |
| "certificate of health and freesale" include, but are not limited | 23036 |
| to, "sanitary certificate of health and freesale"; "certificate of | 23037 |
| origin"; "certificate of freesale"; "certificate of health and | 23038 |
| origin"; "certificate of freesale, sanitary and purity"; and | 23039 |
| "certificate of freesale, health and origin." | 23040 |
| (2) "Food processing establishment" has the same meaning as | 23041 |
| in section 3715.021 of the Revised Code. | 23042 |
| (B) Upon the request of a food processing establishment, | 23043 |
| manufacturer of over-the-counter drugs, or manufacturer of | 23044 |
| cosmetics, the director may issue a certificate of health and | 23045 |
| freesale after determining that conditions at the establishment or | 23046 |
| place of business of the manufacturer, as applicable, have been | 23047 |
| found to be sanitary through an inspection conducted pursuant to | 23048 |
| this chapter. For each certificate issued, the director shall | 23049 |
| charge the establishment or manufacturer a fee in the amount of | 23050 |
| twenty dollars. The director shall deposit all fees collected | 23051 |
| under this section to the credit of the food safety fund created | 23052 |
| in section 915.24 of the Revised Code. | 23053 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 23054 |
| 3721.99 of the Revised Code: | 23055 |
| (1)(a) "Home" means an institution, residence, or facility | 23056 |
| that provides, for a period of more than twenty-four hours, | 23057 |
| whether for a consideration or not, accommodations to three or | 23058 |
| more unrelated individuals who are dependent upon the services of | 23059 |
| others, including a nursing home, residential care facility, home | 23060 |
| for the aging, and a veterans' home operated under Chapter 5907. | 23061 |
| of the Revised Code. | 23062 |
| (b) "Home" also means both of the following: | 23063 |
| (i) Any facility that a person, as defined in section 3702.51 | 23064 |
| of the Revised Code, proposes for certification as a skilled | 23065 |
| nursing facility or nursing facility under Title XVIII or XIX of | 23066 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 23067 |
| as amended, and for which a certificate of need, other than a | 23068 |
| certificate to recategorize hospital beds as described in section | 23069 |
| 3702.522 of the Revised Code or division (R)(7)(d) of the version | 23070 |
| of section 3702.51 of the Revised Code in effect immediately prior | 23071 |
| to April 20, 1995, has been granted to the person under sections | 23072 |
| 3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 23073 |
| (ii) A county home or district home that is or has been | 23074 |
| licensed as a residential care facility. | 23075 |
| (c) "Home" does not mean any of the following: | 23076 |
| (i) Except as provided in division (A)(1)(b) of this section, | 23077 |
| a public hospital or hospital as defined in section 3701.01 or | 23078 |
| 5122.01 of the Revised Code; | 23079 |
| (ii) A residential facility for mentally ill persons as | 23080 |
| defined under section 5119.22 of the Revised Code; | 23081 |
| (iii) A residential facility as defined in section 5123.19 of | 23082 |
| the Revised Code; | 23083 |
| (iv) | 23084 |
| 23085 |
| | 23086 |
| 3724.01 of the Revised Code; | 23087 |
| | 23088 |
| of the Revised Code; | 23089 |
| | 23090 |
| section 3793.01 of the Revised Code; | 23091 |
| | 23092 |
| treatment under section 3793.11 of the Revised Code; | 23093 |
| | 23094 |
| the department of mental retardation and developmental | 23095 |
| disabilities under section 5123.18 of the Revised Code; | 23096 |
| | 23097 |
| licensed under section 3712.04 of the Revised Code that is used | 23098 |
| exclusively for care of hospice patients; | 23099 |
| | 23100 |
| operated by a religious order, provides care exclusively to | 23101 |
| members of religious orders who take vows of celibacy and live by | 23102 |
| virtue of their vows within the orders as if related, and does not | 23103 |
| participate in the medicare program established under Title XVIII | 23104 |
| of the "Social Security Act" or the medical assistance program | 23105 |
| established under Chapter 5111. of the Revised Code and Title XIX | 23106 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 23107 |
| infirmary, or entity was providing care exclusively to members of | 23108 |
| the religious order; | 23109 |
| | 23110 |
| licensed as a residential care facility. | 23111 |
| (2) "Unrelated individual" means one who is not related to | 23112 |
| the owner or operator of a home or to the spouse of the owner or | 23113 |
| operator as a parent, grandparent, child, grandchild, brother, | 23114 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 23115 |
| uncle. | 23116 |
| (3) "Mental impairment" does not mean mental illness as | 23117 |
| defined in section 5122.01 of the Revised Code or mental | 23118 |
| retardation as defined in section 5123.01 of the Revised Code. | 23119 |
| (4) "Skilled nursing care" means procedures that require | 23120 |
| technical skills and knowledge beyond those the untrained person | 23121 |
| possesses and that are commonly employed in providing for the | 23122 |
| physical, mental, and emotional needs of the ill or otherwise | 23123 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 23124 |
| to, the following: | 23125 |
| (a) Irrigations, catheterizations, application of dressings, | 23126 |
| and supervision of special diets; | 23127 |
| (b) Objective observation of changes in the patient's | 23128 |
| condition as a means of analyzing and determining the nursing care | 23129 |
| required and the need for further medical diagnosis and treatment; | 23130 |
| (c) Special procedures contributing to rehabilitation; | 23131 |
| (d) Administration of medication by any method ordered by a | 23132 |
| physician, such as hypodermically, rectally, or orally, including | 23133 |
| observation of the patient after receipt of the medication; | 23134 |
| (e) Carrying out other treatments prescribed by the physician | 23135 |
| that involve a similar level of complexity and skill in | 23136 |
| administration. | 23137 |
| (5)(a) "Personal care services" means services including, but | 23138 |
| not limited to, the following: | 23139 |
| (i) Assisting residents with activities of daily living; | 23140 |
| (ii) Assisting residents with self-administration of | 23141 |
| medication, in accordance with rules adopted under section 3721.04 | 23142 |
| of the Revised Code; | 23143 |
| (iii) Preparing special diets, other than complex therapeutic | 23144 |
| diets, for residents pursuant to the instructions of a physician | 23145 |
| or a licensed dietitian, in accordance with rules adopted under | 23146 |
| section 3721.04 of the Revised Code. | 23147 |
| (b) "Personal care services" does not include "skilled | 23148 |
| nursing care" as defined in division (A)(4) of this section. A | 23149 |
| facility need not provide more than one of the services listed in | 23150 |
| division (A)(5)(a) of this section to be considered to be | 23151 |
| providing personal care services. | 23152 |
| (6) "Nursing home" means a home used for the reception and | 23153 |
| care of individuals who by reason of illness or physical or mental | 23154 |
| impairment require skilled nursing care and of individuals who | 23155 |
| require personal care services but not skilled nursing care. A | 23156 |
| nursing home is licensed to provide personal care services and | 23157 |
| skilled nursing care. | 23158 |
| (7) "Residential care facility" means a home that provides | 23159 |
| either of the following: | 23160 |
| (a) Accommodations for seventeen or more unrelated | 23161 |
| individuals and supervision and personal care services for three | 23162 |
| or more of those individuals who are dependent on the services of | 23163 |
| others by reason of age or physical or mental impairment; | 23164 |
| (b) Accommodations for three or more unrelated individuals, | 23165 |
| supervision and personal care services for at least three of those | 23166 |
| individuals who are dependent on the services of others by reason | 23167 |
| of age or physical or mental impairment, and, to at least one of | 23168 |
| those individuals, any of the skilled nursing care authorized by | 23169 |
| section 3721.011 of the Revised Code. | 23170 |
| (8) "Home for the aging" means a home that provides services | 23171 |
| as a residential care facility and a nursing home, except that the | 23172 |
| home provides its services only to individuals who are dependent | 23173 |
| on the services of others by reason of both age and physical or | 23174 |
| mental impairment. | 23175 |
| The part or unit of a home for the aging that provides | 23176 |
| services only as a residential care facility is licensed as a | 23177 |
| residential care facility. The part or unit that may provide | 23178 |
| skilled nursing care beyond the extent authorized by section | 23179 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 23180 |
| (9) "County home" and "district home" mean a county home or | 23181 |
| district home operated under Chapter 5155. of the Revised Code. | 23182 |
| (B) The public health council may further classify homes. For | 23183 |
| the purposes of this chapter, any residence, institution, hotel, | 23184 |
| congregate housing project, or similar facility that meets the | 23185 |
| definition of a home under this section is such a home regardless | 23186 |
| of how the facility holds itself out to the public. | 23187 |
| (C) For purposes of this chapter, personal care services or | 23188 |
| skilled nursing care shall be considered to be provided by a | 23189 |
| facility if they are provided by a person employed by or | 23190 |
| associated with the facility or by another person pursuant to an | 23191 |
| agreement to which neither the resident who receives the services | 23192 |
| nor the resident's sponsor is a party. | 23193 |
| (D) Nothing in division (A)(4) of this section shall be | 23194 |
| construed to permit skilled nursing care to be imposed on an | 23195 |
| individual who does not require skilled nursing care. | 23196 |
| Nothing in division (A)(5) of this section shall be construed | 23197 |
| to permit personal care services to be imposed on an individual | 23198 |
| who is capable of performing the activity in question without | 23199 |
| assistance. | 23200 |
| (E) Division (A)(1)(c) | 23201 |
| prohibit a facility, infirmary, or other entity described in that | 23202 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 23203 |
| of the Revised Code or certification under Title XVIII or XIX of | 23204 |
| the "Social Security Act." However, such a facility, infirmary, or | 23205 |
| entity that applies for licensure or certification must meet the | 23206 |
| requirements of those sections or titles and the rules adopted | 23207 |
| under them and obtain a certificate of need from the director of | 23208 |
| health under section 3702.52 of the Revised Code. | 23209 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 23210 |
| shall be construed as authorizing the supervision, regulation, or | 23211 |
| control of the spiritual care or treatment of residents or | 23212 |
| patients in any home who rely upon treatment by prayer or | 23213 |
| spiritual means in accordance with the creed or tenets of any | 23214 |
| recognized church or religious denomination. | 23215 |
| Sec. 3721.02. (A) The director of health shall license homes | 23216 |
| and establish procedures to be followed in inspecting and | 23217 |
| licensing homes. The director may inspect a home at any time. Each | 23218 |
| home shall be inspected by the director at least once prior to the | 23219 |
| issuance of a license and at least once every fifteen months | 23220 |
| thereafter. The state fire marshal or a township, municipal, or | 23221 |
| other legally constituted fire department approved by the marshal | 23222 |
| shall also inspect a home prior to issuance of a license, at least | 23223 |
| once every fifteen months thereafter, and at any other time | 23224 |
| requested by the director. A home does not have to be inspected | 23225 |
| prior to issuance of a license by the director, state fire | 23226 |
| marshal, or a fire department if ownership of the home is assigned | 23227 |
| or transferred to a different person and the home was licensed | 23228 |
| under this chapter immediately prior to the assignment or | 23229 |
| transfer. The director may enter at any time, for the purposes of | 23230 |
| investigation, any institution, residence, facility, or other | 23231 |
| structure that has been reported to the director or that the | 23232 |
| director has reasonable cause to believe is operating as a nursing | 23233 |
| home, residential care facility, or home for the aging without a | 23234 |
| valid license required by section 3721.05 of the Revised Code or, | 23235 |
| in the case of a county home or district home, is operating | 23236 |
| despite the revocation of its residential care facility license. | 23237 |
| The director may delegate the director's authority and duties | 23238 |
| under this chapter to any division, bureau, agency, or official of | 23239 |
| the department of health. | 23240 |
| (B) A single facility may be licensed both as a nursing home | 23241 |
| pursuant to this chapter and as an adult care facility pursuant to | 23242 |
| Chapter 3722. of the Revised Code if the director determines that | 23243 |
| the part or unit to be licensed as a nursing home can be | 23244 |
| maintained separate and discrete from the part or unit to be | 23245 |
| licensed as an adult care facility. | 23246 |
| (C) In determining the number of residents in a home for the | 23247 |
| purpose of licensing, the director shall consider all the | 23248 |
| individuals for whom the home provides accommodations as one group | 23249 |
| unless one of the following is the case: | 23250 |
| (1) The home is a home for the aging, in which case all the | 23251 |
| individuals in the part or unit licensed as a nursing home shall | 23252 |
| be considered as one group, and all the individuals in the part or | 23253 |
| unit licensed as a rest home shall be considered as another group. | 23254 |
| (2) The home is both a nursing home and an adult care | 23255 |
| facility. In that case, all the individuals in the part or unit | 23256 |
| licensed as a nursing home shall be considered as one group, and | 23257 |
| all the individuals in the part or unit licensed as an adult care | 23258 |
| facility shall be considered as another group. | 23259 |
| (3) The home maintains, in addition to a nursing home or | 23260 |
| residential care facility, a separate and discrete part or unit | 23261 |
| that provides accommodations to individuals who do not require or | 23262 |
| receive skilled nursing care and do not receive personal care | 23263 |
| services from the home, in which case the individuals in the | 23264 |
| separate and discrete part or unit shall not be considered in | 23265 |
| determining the number of residents in the home if the separate | 23266 |
| and discrete part or unit is in compliance with the Ohio basic | 23267 |
| building code established by the board of building standards under | 23268 |
| Chapters 3781. and 3791. of the Revised Code and the home permits | 23269 |
| the director, on request, to inspect the separate and discrete | 23270 |
| part or unit and speak with the individuals residing there, if | 23271 |
| they consent, to determine whether the separate and discrete part | 23272 |
| or unit meets the requirements of this division. | 23273 |
| (D) The director of health shall charge an application fee | 23274 |
| and an annual renewal licensing and inspection fee of one hundred | 23275 |
| 23276 | |
| home's licensed capacity. All fees collected by the director for | 23277 |
| the issuance or renewal of licenses shall be deposited into the | 23278 |
| state treasury to the credit of the general operations fund | 23279 |
| created in section 3701.83 of the Revised Code for use only in | 23280 |
| administering and enforcing this chapter and rules adopted under | 23281 |
| it. | 23282 |
| (E)(1) Except as otherwise provided in this section, the | 23283 |
| results of an inspection or investigation of a home that is | 23284 |
| conducted under this section, including any statement of | 23285 |
| deficiencies and all findings and deficiencies cited in the | 23286 |
| statement on the basis of the inspection or investigation, shall | 23287 |
| be used solely to determine the home's compliance with this | 23288 |
| chapter or another chapter of the Revised Code in any action or | 23289 |
| proceeding other than an action commenced under division (I) of | 23290 |
| section 3721.17 of the Revised Code. Those results of an | 23291 |
| inspection or investigation, that statement of deficiencies, and | 23292 |
| the findings and deficiencies cited in that statement shall not be | 23293 |
| used in any court or in any action or proceeding that is pending | 23294 |
| in any court and are not admissible in evidence in any action or | 23295 |
| proceeding unless that action or proceeding is an appeal of an | 23296 |
| action by the department of health under this chapter or is an | 23297 |
| action by any department or agency of the state to enforce this | 23298 |
| chapter or another chapter of the Revised Code. | 23299 |
| (2) Nothing in division (E)(1) of this section prohibits the | 23300 |
| results of an inspection or investigation conducted under this | 23301 |
| section from being used in a criminal investigation or | 23302 |
| prosecution. | 23303 |
| Sec. 3721.03. | 23304 |
| the same meaning as in section 1.59 of the Revised Code. | 23305 |
| (B) The director of health shall enforce the provisions of | 23306 |
| sections 3721.01 to | 23307 |
| Code and may issue orders to secure compliance with the provisions | 23308 |
| of these sections and the rules adopted under them. The director | 23309 |
| may hold hearings, issue subpoenas, compel testimony, and make | 23310 |
|
adjudications. | 23311 |
| The director may issue an order revoking a license in the | 23312 |
| event the director finds, upon hearing or opportunity afforded | 23313 |
| 23314 | |
| the following apply to a person | 23315 |
| 23316 | |
|
3721.07 of the Revised Code | 23317 |
| (1) Has violated any of the provisions of Chapter 3721. of | 23318 |
| the Revised Code or rules adopted by the public health council | 23319 |
| under it; | 23320 |
| (2) Has violated any
order issued by the director; | 23321 |
| (3) Is not, or any of its principals are not suitable, | 23322 |
| morally or financially to operate such an
institution; | 23323 |
| (4) Is not furnishing humane, kind, and adequate treatment | 23324 |
| and care | 23325 |
| 23326 |
| (5) Has had a long-standing pattern of violations of this | 23327 |
| chapter or the rules adopted under it that has caused physical, | 23328 |
| emotional, mental, or psychosocial harm to one or more residents. | 23329 |
| 23330 |
| Upon the issuance of any order of revocation, the person | 23331 |
| whose license is revoked, or the county home or district home that | 23332 |
| has its license revoked, may appeal in accordance with Chapter | 23333 |
| 119. of the Revised Code. | 23334 |
| | 23335 |
| 23336 | |
| 23337 | |
| 23338 | |
| 23339 | |
| 23340 | |
| 23341 | |
| 23342 | |
| 23343 | |
| 23344 | |
| 23345 |
| | 23346 |
| 23347 | |
| 23348 | |
| 23349 | |
| 23350 | |
| Once the director notifies a person, county home, or district home | 23351 |
| licensed to operate a home that the license may be revoked or | 23352 |
| issues any order under this section, the person, county home, or | 23353 |
| district home shall not assign or transfer to another person or | 23354 |
| entity the right to operate the home. This prohibition shall | 23355 |
| remain in effect until proceedings under Chapter 119. of the | 23356 |
| Revised Code concerning the order or license revocation have been | 23357 |
| concluded or the director notifies the person, county home, or | 23358 |
| district home that the prohibition has been lifted. | 23359 |
| If a license is revoked under this section, the former | 23360 |
| license holder shall not assign or transfer or consent to | 23361 |
| assignment or transfer of the right to operate the home. Any | 23362 |
| attempted assignment or transfer to another person or entity is | 23363 |
| void. | 23364 |
| On revocation of a license, the former licensee shall take | 23365 |
| all necessary steps to cease operation of the home. | 23366 |
| The director of health shall not accept a certificate of need | 23367 |
| application under section 3702.52 of the Revised Code regarding a | 23368 |
| home if the license to operate the home has been revoked under | 23369 |
| this section. | 23370 |
| Sec. 3721.032. The state fire marshal shall enforce all | 23371 |
| statutes and rules pertaining to fire safety in homes and shall | 23372 |
| adopt rules pertaining to fire safety in homes as the marshal | 23373 |
| determines necessary. The rules adopted by the marshal shall be in | 23374 |
| addition to those fire safety rules that the board of building | 23375 |
| standards and the public health council are empowered to adopt. In | 23376 |
| the event of a dispute between the marshal and another officer | 23377 |
| having responsibilities under sections 3721.01 to 3721.09 of the | 23378 |
| Revised Code with respect to the interpretation or application of | 23379 |
| a specific fire safety statute or rule, the interpretation of the | 23380 |
| marshal shall prevail. | 23381 |
| Sec. 3721.07. Every person desiring to operate a home and | 23382 |
| the superintendent or administrator of each county home or | 23383 |
| district home for which a license as a residential care facility | 23384 |
| is sought shall apply for a license to the director of health. The | 23385 |
| director shall issue a license for the home, if after | 23386 |
| investigation of the applicant and, if required by section 3721.02 | 23387 |
| of the Revised Code, inspection of the home, the following | 23388 |
| requirements or conditions are satisfied or complied with: | 23389 |
| (A) The applicant has not been convicted of a felony or a | 23390 |
| crime involving moral turpitude; | 23391 |
| (B) The applicant is not violating any of the rules made by | 23392 |
| the public health council or any order issued by the director of | 23393 |
| health; | 23394 |
| (C) The applicant has not had a license to operate the home | 23395 |
| revoked pursuant to section 3721.03 of the Revised Code because of | 23396 |
| any act or omission that jeopardized a resident's health, welfare, | 23397 |
| or safety nor has the applicant had a long-standing pattern of | 23398 |
| violations of this chapter or rules adopted under it that caused | 23399 |
| physical, emotional, mental, or psychosocial harm to one or more | 23400 |
| residents. | 23401 |
| (D) The buildings in which the home is housed have been | 23402 |
| approved by the state fire marshal or a township, municipal, or | 23403 |
| other legally constituted fire department approved by the marshal. | 23404 |
| In the approval of a home such agencies shall apply standards | 23405 |
| prescribed by the board of building standards, and by the state | 23406 |
| fire marshal, and by section 3721.071 of the Revised Code. | 23407 |
| | 23408 |
| principal participants, if it is an association or a corporation, | 23409 |
| is or are suitable financially and morally to operate a home; | 23410 |
| | 23411 |
| adequate treatment and care; | 23412 |
| | 23413 |
| (1) Facilities for the performance of major surgical | 23414 |
| procedures; | 23415 |
| (2) Facilities for providing therapeutic radiation; | 23416 |
| (3) An emergency ward; | 23417 |
| (4) A clinical laboratory unless it is under the supervision | 23418 |
| of a clinical pathologist who is a licensed physician in this | 23419 |
| state; | 23420 |
| (5) Facilities for radiological examinations unless such | 23421 |
| examinations are performed only by a person licensed to practice | 23422 |
| medicine, surgery, or dentistry in this state. | 23423 |
| | 23424 |
| upon the written orders of a physician licensed in this state, | 23425 |
| maternity cases, boarding children, and does not house transient | 23426 |
| guests, other than participants in an adult day-care program, for | 23427 |
| twenty-four hours or less; | 23428 |
| | 23429 |
| 3721.29 of the Revised Code. | 23430 |
| When the director issues a license, the license shall remain | 23431 |
| in effect until revoked by the director or voided at the request | 23432 |
| of the applicant; provided, there shall be an annual renewal fee | 23433 |
| payable during the month of January of each calendar year. Any | 23434 |
| licensed home that does not pay its renewal fee in January shall | 23435 |
| pay, beginning the first day of February, a late fee of one | 23436 |
| hundred dollars for each week or part thereof that the renewal fee | 23437 |
| is not paid. If either the renewal fee or the late fee is not paid | 23438 |
| by the fifteenth day of February, the director may, in accordance | 23439 |
| with Chapter 119. of the Revised Code, revoke the home's license. | 23440 |
| If, under division (B)(5) of section 3721.03 of the Revised | 23441 |
| Code, the license of a person has been revoked or the license of a | 23442 |
| county home or district home to operate as a residential care | 23443 |
| facility has been revoked, the director of health shall not issue | 23444 |
| a license to the person or home at any time. A person whose | 23445 |
| license is revoked, and a county home or district home that has | 23446 |
| its license as a residential care facility revoked other than | 23447 |
| under division (B)(5) of section 3721.03 of the Revised Code, for | 23448 |
| any reason other than nonpayment of the license renewal fee or | 23449 |
| late fees | 23450 |
| this chapter until a period of one year following the date of | 23451 |
| revocation has elapsed. | 23452 |
| Any applicant who is denied a license may appeal in | 23453 |
| accordance with Chapter 119. of the Revised Code. | 23454 |
| Sec. 3721.15. (A) Authorization from a resident or a sponsor | 23455 |
| with a power of attorney for a home to manage the resident's | 23456 |
| financial affairs shall be in writing and shall be attested to by | 23457 |
| a witness who is not connected in any manner whatsoever with the | 23458 |
| home or its administrator. The home shall maintain accounts | 23459 |
| pursuant to division (A)(27) of section 3721.13 of the Revised | 23460 |
| Code. Upon the resident's transfer, discharge, or death, the | 23461 |
| account shall be closed and a final accounting made. All remaining | 23462 |
| funds shall be returned to the resident or resident's sponsor, | 23463 |
| except in the case of death, when all remaining funds shall be | 23464 |
| transferred or used in accordance with
section | 23465 |
| of the Revised Code. | 23466 |
| (B) A home that manages a resident's financial affairs shall | 23467 |
| deposit the resident's funds in excess of one hundred dollars, and | 23468 |
| may deposit the resident's funds that are one hundred dollars or | 23469 |
| less, in an interest-bearing account separate from any of the | 23470 |
| home's operating accounts. Interest earned on the resident's funds | 23471 |
| shall be credited to the resident's account. A resident's funds | 23472 |
| that are one hundred dollars or less and have not been deposited | 23473 |
| in an interest-bearing account may be deposited in a | 23474 |
| noninterest-bearing account or petty cash fund. | 23475 |
| (C) Each resident whose financial affairs are managed by a | 23476 |
| home shall be promptly notified by the home when the total of the | 23477 |
| amount of funds in the resident's accounts and the petty cash fund | 23478 |
| plus other nonexempt resources reaches two hundred dollars less | 23479 |
| than the maximum amount permitted a recipient of medicaid. The | 23480 |
| notice shall include an explanation of the potential effect on the | 23481 |
| resident's eligibility for medicaid if the amount in the | 23482 |
| resident's accounts and the petty cash fund, plus the value of | 23483 |
| other nonexempt resources, exceeds the maximum assets a medicaid | 23484 |
| recipient may retain. | 23485 |
| (D) Each home that manages the financial affairs of residents | 23486 |
| shall purchase a surety bond or otherwise provide assurance | 23487 |
| satisfactory to the director of health, or, in the case of a home | 23488 |
| that participates in the medicaid program, to the director of job | 23489 |
| and family services, to assure the security of all residents' | 23490 |
| funds managed by the home. | 23491 |
| Sec. 3721.19. (A) As used in this section: | 23492 |
| (1) "Home" and "residential care facility" have the same | 23493 |
| meanings as in section 3721.01 of the Revised Code; | 23494 |
| (2) "Sponsor" and "residents' rights advocate" have the same | 23495 |
| meanings as in section 3721.10 of the Revised Code. | 23496 |
| A home licensed under this chapter that is not a party to a | 23497 |
| provider agreement, as defined in section 5111.20 of the Revised | 23498 |
| Code, shall provide each prospective resident, before admission, | 23499 |
| with the following information, orally and in a separate written | 23500 |
| notice on which is printed in a conspicuous manner: "This home is | 23501 |
| not a participant in the medical assistance program administered | 23502 |
| by the Ohio department of job and family services. Consequently, | 23503 |
| you may be discharged from this home if you are unable to pay for | 23504 |
| the services provided by this home." | 23505 |
| If the prospective resident has a sponsor whose identity is | 23506 |
| made known to the home, the home shall also inform the sponsor, | 23507 |
| before admission of the resident, of the home's status relative to | 23508 |
| the medical assistance program. Written acknowledgement of the | 23509 |
| receipt of the information shall be provided by the resident and, | 23510 |
| if the prospective resident has a sponsor who has been identified | 23511 |
| to the home, by the sponsor. The written acknowledgement shall be | 23512 |
| made part of the resident's record by the home. | 23513 |
| No home shall terminate its status as a provider under the | 23514 |
| 23515 | |
| section 5111.66 of the Revised Code and, at least ninety days | 23516 |
| prior to such termination, provided written notice to the | 23517 |
| 23518 | |
| and their sponsors of such action. This requirement shall not | 23519 |
| apply in cases where the department of job and family services | 23520 |
| terminates a home's provider agreement or provider status. | 23521 |
| (B) A home licensed under this chapter as a residential care | 23522 |
| facility shall provide notice to each prospective resident or the | 23523 |
| individual's sponsor of the services offered by the facility and | 23524 |
| the types of skilled nursing care that the facility may provide. A | 23525 |
| residential care facility that, pursuant to section 3721.012 of | 23526 |
| the Revised Code, has a policy of entering into risk agreements | 23527 |
| with residents or their sponsors shall provide each prospective | 23528 |
| resident or the individual's sponsor a written explanation of the | 23529 |
| policy and the provisions that may be contained in a risk | 23530 |
| agreement. At the time the information is provided, the facility | 23531 |
| shall obtain a statement signed by the individual receiving the | 23532 |
| information acknowledging that the individual received the | 23533 |
| information. The facility shall maintain on file the individual's | 23534 |
| signed statement. | 23535 |
| (C) A resident has a cause of action against a home for | 23536 |
| breach of any duty imposed by this section. The action may be | 23537 |
| commenced by the resident, or on the resident's behalf by the | 23538 |
| resident's sponsor or a residents' rights advocate, by the filing | 23539 |
| of a civil action in the court of common pleas of the county in | 23540 |
| which the home is located, or in the court of common pleas of | 23541 |
| Franklin county. | 23542 |
| If the court finds that a breach of any duty imposed by this | 23543 |
| section has occurred, the court shall enjoin the home from | 23544 |
| discharging the resident from the home until arrangements | 23545 |
| satisfactory to the court are made for the orderly transfer of the | 23546 |
| resident to another mode of health care including, but not limited | 23547 |
| to, another home, and may award the resident and a person or | 23548 |
| public agency that brings an action on behalf of a resident | 23549 |
| reasonable attorney's fees. If a home discharges a resident to | 23550 |
| whom or to whose sponsor information concerning its status | 23551 |
| relative to the medical assistance program was not provided as | 23552 |
| required under this section, the court shall grant any appropriate | 23553 |
| relief including, but not limited to, actual damages, reasonable | 23554 |
| attorney's fees, and costs. | 23555 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 23556 |
| Revised Code: | 23557 |
| (A) "Hospital" has the same meaning as in section 3727.01 of | 23558 |
| the Revised Code. | 23559 |
| (B) "Inpatient days" means all days during which a resident | 23560 |
| of a nursing facility, regardless of payment source, occupies a | 23561 |
| bed in the nursing facility that is included in the facility's | 23562 |
| certified capacity under Title XIX. Therapeutic or hospital leave | 23563 |
| days for which payment is made under section 5111.26 of the | 23564 |
| Revised Code are considered inpatient days proportionate to the | 23565 |
| percentage of the facility's per resident per day rate paid for | 23566 |
| those days. | 23567 |
| (C) "Medicaid" has the same meaning as in section 5111.01 of | 23568 |
| the Revised Code. | 23569 |
| (D) "Medicaid day" means all days during which a resident who | 23570 |
| is a medicaid recipient occupies a bed in a nursing facility that | 23571 |
| is included in the facility's certified capacity under Title XIX. | 23572 |
| Therapeutic or hospital leave days for which payment is made under | 23573 |
| section 5111.26 of the Revised Code are considered medicaid days | 23574 |
| proportionate to the percentage of the nursing facility's per | 23575 |
| resident per day rate for those days. | 23576 |
| (E) "Nursing facility" has the same meaning as in section | 23577 |
| 5111.20 of the Revised Code. | 23578 |
| (F)(1) "Nursing home" means all of the following: | 23579 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 23580 |
| of the Revised Code, including any part of a home for the aging | 23581 |
| licensed as a nursing home; | 23582 |
| (b) A facility or part of a facility, other than a hospital, | 23583 |
| that is certified as a skilled nursing facility under Title XVIII | 23584 |
| 23585 | |
| 23586 |
| (c) A nursing facility | 23587 |
| 23588 | |
| nursing facility. | 23589 |
| (2) "Nursing home" does not include | 23590 |
| (a) A county home, county nursing home, or district home | 23591 |
| operated pursuant to Chapter 5155.
of the Revised Code | 23592 |
| (b) A nursing home maintained and operated by the Ohio | 23593 |
| veterans' home agency under section 5907.01 of the Revised Code; | 23594 |
| (c) A nursing home or part of a nursing home licensed under | 23595 |
| section 3721.02 or 3721.09 of the Revised Code that is certified | 23596 |
| as an intermediate care facility for the mentally retarded under | 23597 |
| Title XIX | 23598 |
| | 23599 |
| 23600 |
| (G) "Title XIX" means Title XIX of the "Social Security Act," | 23601 |
| 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 23602 |
| (H) "Title XVIII" means Title XVIII of the "Social Security | 23603 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 23604 |
| Sec. 3721.51. The department of job and family services | 23605 |
| shall do all of the following: | 23606 |
| (A) | 23607 |
|
purposes specified in
| 23608 |
| Revised Code, determine an annual franchise permit fee on each | 23609 |
|
nursing home in an amount equal to
| 23610 |
| 23611 | |
|
years 2003 through | 23612 |
| thereafter, multiplied by the product of the following: | 23613 |
| (1) The number of beds licensed as nursing home beds, plus | 23614 |
| any other beds certified as skilled nursing facility beds under | 23615 |
|
Title XVIII or nursing facility beds under Title XIX | 23616 |
| 23617 | |
| 23618 | |
| day of May of the calendar year in which the fee is determined | 23619 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 23620 |
| (2) The | 23621 |
| 23622 | |
| on the first day of July of the calendar year in which the fee is | 23623 |
| determined pursuant to division (A) of section 3721.53 of the | 23624 |
| Revised Code. | 23625 |
| (B) | 23626 |
|
purposes specified in
| 23627 |
| Revised Code, determine an annual franchise permit fee on each | 23628 |
|
hospital in an amount equal to
| 23629 |
| 23630 | |
|
2003 through | 23631 |
| thereafter, multiplied by the product of the following: | 23632 |
| (1) The number of beds registered pursuant to section 3701.07 | 23633 |
| of the Revised Code as skilled nursing facility beds or long-term | 23634 |
| care beds, plus any other beds licensed as nursing home beds under | 23635 |
| section 3721.02 or 3721.09 of the Revised Code, on
| 23636 |
| 23637 | |
| calendar year in which the fee is determined pursuant to division | 23638 |
| (A) of section 3721.53 of the Revised Code; | 23639 |
| (2) The | 23640 |
| 23641 | |
| on the first day of July of the calendar year in which the fee is | 23642 |
| determined pursuant to division (A) of section 3721.53 of the | 23643 |
| Revised Code. | 23644 |
| (C) If the United States centers for medicare and medicaid | 23645 |
| services determines that the franchise permit fee established by | 23646 |
|
sections
3721.50
to
3721.58 of the Revised Code | 23647 |
| impermissible health care related tax under section 1903(w) of the | 23648 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 23649 |
|
amended, | 23650 |
|
necessary actions to
cease implementation of | 23651 |
| 3721.50 to 3721.58 of the Revised Code in accordance with rules | 23652 |
| adopted under section 3721.58 of the Revised Code. | 23653 |
| Sec. 3721.52. (A) For the purpose of the fee under division | 23654 |
| (A) of section 3721.51 of the Revised Code, the department of | 23655 |
|
health
shall, | 23656 |
| 23657 | |
| to the department of job and family services the number of beds in | 23658 |
|
each nursing
home licensed on | 23659 |
| 23660 | |
| 3721.02 or 3721.09 of the Revised Code or certified on that date | 23661 |
|
under Title XVIII or
XIX | 23662 |
| 23663 |
| (B) For the purpose of the fee under division (B) of section | 23664 |
|
3721.51 of the Revised Code, the department of health
shall, | 23665 |
| 23666 | |
| later than the first day of each June, report to the department of | 23667 |
| job and family services the number of beds in each hospital | 23668 |
|
registered
on | 23669 |
| preceding first day of May pursuant to section 3701.07 of the | 23670 |
| Revised Code as skilled nursing facility or long-term care beds or | 23671 |
| licensed on that date under section 3721.02 or 3721.09 of the | 23672 |
| Revised Code as nursing home beds. | 23673 |
| Sec. 3721.541. (A) In addition to assessing a penalty | 23674 |
| pursuant to section 3721.54 of the Revised Code, the department of | 23675 |
| job and family services may do either of the following if a | 23676 |
| nursing facility or hospital fails to pay the full amount of a | 23677 |
| franchise permit fee installment when due: | 23678 |
| (1) Withhold an amount equal to the installment and penalty | 23679 |
| assessed under section 3721.54 of the Revised Code from a medicaid | 23680 |
| payment due the nursing facility or hospital until the nursing | 23681 |
| facility or hospital pays the installment and penalty; | 23682 |
| (2) Terminate the nursing facility or hospital's medicaid | 23683 |
| provider agreement. | 23684 |
| (B) The department may withhold a medicaid payment under | 23685 |
| division (A)(1) of this section without providing notice to the | 23686 |
| nursing facility or hospital and without conducting an | 23687 |
| adjudication under Chapter 119. of the Revised Code. | 23688 |
| Sec. 3721.56. | 23689 |
| created in the state treasury the home- and community-based | 23690 |
| services for the aged fund. Twenty-three and twenty-six-hundredths | 23691 |
| per cent of all payments and penalties paid by nursing homes and | 23692 |
| hospitals under sections 3721.53 and 3721.54 of the Revised Code | 23693 |
|
for fiscal
| 23694 |
| 23695 | |
|
through
| 23696 |
|
subsequent
fiscal
years, shall be deposited into the | 23697 |
| 23698 | |
| 23699 | |
| services and aging shall use the moneys in the fund to fund the | 23700 |
| following in accordance with rules adopted under section 3721.58 | 23701 |
| of the Revised Code: | 23702 |
| | 23703 |
| under Chapter 5111. of the Revised Code; | 23704 |
| | 23705 |
| of the Revised Code; | 23706 |
| | 23707 |
| under section 173.35 of the Revised Code. | 23708 |
| | 23709 |
| 23710 | |
| 23711 | |
| 23712 | |
| 23713 | |
| 23714 | |
| 23715 | |
| 23716 | |
| 23717 | |
| 23718 |
| Sec. 3721.561. (A) There is hereby created in the state | 23719 |
| treasury the nursing facility stabilization fund. Seventy-six and | 23720 |
| seventy-four-hundredths per cent of all payments and penalties | 23721 |
| paid by nursing homes and hospitals under sections 3721.53 and | 23722 |
| 3721.54 of the Revised Code for fiscal years 2003 through 2007 | 23723 |
| shall be deposited into the fund. The department of job and family | 23724 |
| services shall use the money in the fund to do all of the | 23725 |
| following: | 23726 |
| (1) Make medicaid payments to nursing facilities; | 23727 |
| (2) Beginning with medicaid payments made to nursing | 23728 |
| facilities in August 2005, make payments to each nursing facility | 23729 |
| for each medicaid day in fiscal years 2006 and 2007 in an amount | 23730 |
| equal to seventy-six and seventy-four-hundredths per cent of the | 23731 |
| fee the nursing facility pays under section 3721.53 of the Revised | 23732 |
| Code for the fiscal year the department makes the payment divided | 23733 |
| by the nursing facility's inpatient days for the calendar year | 23734 |
| preceding the calendar year in which that fiscal year begins; | 23735 |
| (3) Beginning with medicaid payments made to nursing | 23736 |
| facilities in August 2005, make payments to each nursing facility | 23737 |
| for fiscal years 2006 and 2007 in an amount equal to two dollars | 23738 |
| and twenty-five cents per medicaid day for the purpose of | 23739 |
| enhancing quality of care. | 23740 |
| (B) Any money remaining in the nursing facility stabilization | 23741 |
| fund after payments specified in division (A) of this section are | 23742 |
| made for fiscal year 2007 shall be retained in the fund. Any | 23743 |
| interest or other investment proceeds earned on money in the fund | 23744 |
| shall be credited to the fund and used to make medicaid payments | 23745 |
| in accordance with division (A)(1) of this section. | 23746 |
| Sec. 3721.58. The director of job and family services shall | 23747 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 23748 |
|
do
| 23749 |
| (A) Prescribe the actions the department of job and family | 23750 |
| services will take to cease implementation of sections 3721.50 | 23751 |
|
through 3721.57 of the
Revised Code if the United States | 23752 |
| 23753 | |
| services determines that the franchise permit fee established by | 23754 |
| those sections is an impermissible health-care related tax under | 23755 |
| section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935), | 23756 |
| 42 U.S.C. | 23757 |
| (B) Establish the method of distributing moneys in the home | 23758 |
| and community-based services for the aged fund created under | 23759 |
| section 3721.56 of the Revised Code; | 23760 |
| (C) Establish any requirements or procedures the director | 23761 |
| considers necessary to implement sections 3721.50 to 3721.58 of | 23762 |
| the Revised Code. | 23763 |
| Sec. 3722.01. (A) As used in this chapter: | 23764 |
| (1) "Owner" means the person who owns the business of and who | 23765 |
| ultimately controls the operation of an adult care facility and to | 23766 |
| whom the manager, if different from the owner, is responsible. | 23767 |
| (2) "Manager" means the person responsible for the daily | 23768 |
| operation of an adult care facility. The manager and the owner of | 23769 |
| a facility may be the same person. | 23770 |
| (3) "Adult" means an individual eighteen years of age or | 23771 |
| older. | 23772 |
| (4) "Unrelated" means that an adult resident is not related | 23773 |
| to the owner or manager of an adult care facility or to the | 23774 |
| owner's or manager's spouse as a parent, grandparent, child, | 23775 |
| stepchild, grandchild, brother, sister, niece, nephew, aunt, or | 23776 |
| uncle, or as the child of an aunt or uncle. | 23777 |
| (5) "Skilled nursing care" means skilled nursing care as | 23778 |
| defined in section 3721.01 of the Revised Code. | 23779 |
| (6)(a) "Personal care services" means services including, but | 23780 |
| not limited to, the following: | 23781 |
| (i) Assisting residents with activities of daily living; | 23782 |
| (ii) Assisting residents with self-administration of | 23783 |
| medication, in accordance with rules adopted by the public health | 23784 |
| council pursuant to this chapter; | 23785 |
| (iii) Preparing special diets, other than complex therapeutic | 23786 |
| diets, for residents pursuant to the instructions of a physician | 23787 |
| or a licensed dietitian, in accordance with rules adopted by the | 23788 |
| public health council pursuant to this chapter. | 23789 |
| (b) "Personal care services" does not include "skilled | 23790 |
| nursing care" as defined in section 3721.01 of the Revised Code. A | 23791 |
| facility need not provide more than one of the services listed in | 23792 |
| division (A)(6)(a) of this section to be considered to be | 23793 |
| providing personal care services. | 23794 |
| (7) "Adult family home" means a residence or facility that | 23795 |
| provides accommodations to three to five unrelated adults and | 23796 |
| supervision and personal care services to at least three of those | 23797 |
| adults. | 23798 |
| (8) "Adult group home" means a residence or facility that | 23799 |
| provides accommodations to six to sixteen unrelated adults and | 23800 |
| provides supervision and personal care services to at least three | 23801 |
| of the unrelated adults. | 23802 |
| (9) "Adult care facility" means an adult family home or an | 23803 |
| adult group home. For the purposes of this chapter, any residence, | 23804 |
| facility, institution, hotel, congregate housing project, or | 23805 |
| similar facility that provides accommodations and supervision to | 23806 |
| three to sixteen unrelated adults, at least three of whom are | 23807 |
| provided personal care services, is an adult care facility | 23808 |
| regardless of how the facility holds itself out to the public. | 23809 |
| "Adult care facility" does not include: | 23810 |
| (a) A facility operated by a hospice care program licensed | 23811 |
| under section 3712.04 of the Revised Code that is used exclusively | 23812 |
| for care of hospice patients; | 23813 |
| (b) A nursing home, residential care facility, or home for | 23814 |
| the aging as defined in section 3721.01 of the Revised Code; | 23815 |
| (c) A community alternative home as defined in section | 23816 |
| 3724.01 of the Revised Code; | 23817 |
| (d) An alcohol and drug addiction program as defined in | 23818 |
| section 3793.01 of the Revised Code; | 23819 |
| (e) | 23820 |
| 23821 |
| | 23822 |
| the department of mental health under section 5119.22 of the | 23823 |
| Revised Code; | 23824 |
| | 23825 |
| under section 3793.11 of the Revised Code; | 23826 |
| | 23827 |
| of the Revised Code or otherwise regulated by the department of | 23828 |
| mental retardation and developmental disabilities; | 23829 |
| | 23830 |
| project, or similar facility that provides personal care services | 23831 |
| to fewer than three residents or that provides, for any number of | 23832 |
| residents, only housing, housekeeping, laundry, meal preparation, | 23833 |
| social or recreational activities, maintenance, security, | 23834 |
| transportation, and similar services that are not personal care | 23835 |
| services or skilled nursing care; | 23836 |
| | 23837 |
| from the department of development under any program established | 23838 |
| to provide emergency shelter housing or transitional housing for | 23839 |
| the homeless; | 23840 |
| | 23841 |
| entered into an agreement with a hospice care program under | 23842 |
| section 3712.07 of the Revised Code; | 23843 |
| | 23844 |
| under section 104(a) of the "Veterans Health Care Amendments of | 23845 |
| 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used | 23846 |
| exclusively for the placement and care of veterans; | 23847 |
| | 23848 |
| which care is provided exclusively to members of a religious order | 23849 |
| if the facility is owned by or part of a nonprofit institution of | 23850 |
| higher education authorized to award degrees by the Ohio board of | 23851 |
| regents under Chapter 1713. of the Revised Code. | 23852 |
| (10) "Residents' rights advocate" means: | 23853 |
| (a) An employee or representative of any state or local | 23854 |
| government entity that has a responsibility for residents of adult | 23855 |
| care facilities and has registered with the department of health | 23856 |
| under section 3701.07 of the Revised Code; | 23857 |
| (b) An employee or representative, other than a manager or | 23858 |
| employee of an adult care facility or nursing home, of any private | 23859 |
| nonprofit corporation or association that qualifies for tax-exempt | 23860 |
| status under section 501(a) of the "Internal Revenue Code of | 23861 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has | 23862 |
| registered with the department of health under section 3701.07 of | 23863 |
| the Revised Code, and whose purposes include educating and | 23864 |
| counseling residents, assisting residents in resolving problems | 23865 |
| and complaints concerning their care and treatment, and assisting | 23866 |
| them in securing adequate services. | 23867 |
| (11) "Sponsor" means an adult relative, friend, or guardian | 23868 |
| of a resident of an adult care facility who has an interest in or | 23869 |
| responsibility for the resident's welfare. | 23870 |
| (12) "Ombudsperson" means a "representative of the office of | 23871 |
| the state long-term care ombudsperson program" as defined in | 23872 |
| section 173.14 of the Revised Code. | 23873 |
| (13) "Mental health agency" means a community mental health | 23874 |
| agency, as defined in section 5119.22 of the Revised Code, under | 23875 |
| contract with a board of alcohol, drug addiction, and mental | 23876 |
| health services pursuant to division (A)(8)(a) of section 340.03 | 23877 |
| of the Revised Code. | 23878 |
| (B) For purposes of this chapter, personal care services or | 23879 |
| skilled nursing care shall be considered to be provided by a | 23880 |
| facility if they are provided by a person employed by or | 23881 |
| associated with the facility or by another person pursuant to an | 23882 |
| agreement to which neither the resident who receives the services | 23883 |
| nor the resident's sponsor is a party. | 23884 |
| (C) Nothing in division (A)(6) of this section shall be | 23885 |
| construed to permit personal care services to be imposed upon a | 23886 |
| resident who is capable of performing the activity in question | 23887 |
| without assistance. | 23888 |
| Sec. 3722.02. A person seeking a license to operate an adult | 23889 |
| care facility shall submit to the director of health an | 23890 |
| application on a form prescribed by the director and the | 23891 |
| following: | 23892 |
| (A) In the case of an adult group home seeking licensure as | 23893 |
| an adult care facility, evidence that the home has been inspected | 23894 |
| and approved by a local certified building department or by the | 23895 |
| division of industrial compliance in the department of commerce as | 23896 |
| meeting the applicable requirements of sections 3781.06 to | 23897 |
| 3781.18, 3781.181, 3781.182, and 3791.04 of the Revised Code and | 23898 |
| any rules adopted under those sections and evidence that the home | 23899 |
| has been inspected by the state fire marshal or fire prevention | 23900 |
| officer of a municipal, township, or other legally constituted | 23901 |
| fire department approved by the state fire marshal and found to be | 23902 |
| in compliance with rules adopted under section 3737.83 of the | 23903 |
| Revised Code regarding fire prevention and safety in adult group | 23904 |
| homes; | 23905 |
| (B) Valid approvals of the facility's water and sewage | 23906 |
| systems issued by the responsible governmental entity, if | 23907 |
| applicable; | 23908 |
| (C) A statement of ownership containing the following | 23909 |
| information: | 23910 |
| (1) If the owner is an individual, the owner's name, address, | 23911 |
| telephone number, business address, business telephone number, and | 23912 |
| occupation. If the owner is an association, corporation, or | 23913 |
| partnership, the business activity, address, and telephone number | 23914 |
| of the entity and the name of every person who has an ownership | 23915 |
| interest of five per cent or more in the entity. | 23916 |
| (2) If the owner does not own the building or if the owner | 23917 |
| owns only part of the building in which the facility is housed, | 23918 |
| the name of each person who has an ownership interest of five per | 23919 |
| cent or more in the building; | 23920 |
| (3) The address of any adult care facility and any facility | 23921 |
| described in divisions (A)(9)(a) to | 23922 |
| the Revised Code in which the owner has an ownership interest of | 23923 |
| five per cent or more; | 23924 |
| (4) The identity of the manager of the adult care facility, | 23925 |
| if different from the owner; | 23926 |
| (5) The name and address of any adult care facility and any | 23927 |
| facility described in divisions (A)(9)(a) to | 23928 |
| 3722.01 of the Revised Code with which either the owner or manager | 23929 |
| has been affiliated through ownership or employment in the five | 23930 |
| years prior to the date of the application; | 23931 |
| (6) The names and addresses of three persons not employed by | 23932 |
| or associated in business with the owner who will provide | 23933 |
| information about the character, reputation, and competence of the | 23934 |
| owner and the manager and the financial responsibility of the | 23935 |
| owner; | 23936 |
| (7) Information about any arrest of the owner or manager for, | 23937 |
| or adjudication or conviction of, a criminal offense related to | 23938 |
| the provision of care in an adult care facility or any facility | 23939 |
| described in divisions (A)(9)(a) to | 23940 |
| the Revised Code or the ability to operate a facility; | 23941 |
| (8) Any other information the director may require regarding | 23942 |
| the owner's ability to operate the facility. | 23943 |
| (D) If the facility is an adult group home, a balance sheet | 23944 |
| showing the assets and liabilities of the owner and a statement | 23945 |
| projecting revenues and expenses for the first twelve months of | 23946 |
| the facility's operation; | 23947 |
| (E) Proof of insurance in an amount and type determined in | 23948 |
| rules adopted by the public health council pursuant to this | 23949 |
| chapter to be adequate; | 23950 |
| (F) A nonrefundable license application fee in an amount | 23951 |
| established in rules adopted by the public health council pursuant | 23952 |
| to this chapter. | 23953 |
| Sec. 3722.04. (A)(1) The director of health shall inspect, | 23954 |
| license, and regulate adult care facilities. Except as otherwise | 23955 |
| provided in division (D) of this section, the director shall issue | 23956 |
| a license to an adult care facility that meets the requirements of | 23957 |
| section 3722.02 of the Revised Code and that the director | 23958 |
| determines to be in substantial compliance with the rules adopted | 23959 |
| by the public health council pursuant to this chapter. The | 23960 |
| director shall consider the past record of the owner and manager | 23961 |
| and any individuals who are principal participants in an entity | 23962 |
| that is the owner or manager in operating facilities providing | 23963 |
| care to adults. The director may, in accordance with Chapter 119. | 23964 |
| of the Revised Code, deny a license if the past record indicates | 23965 |
| that the owner or manager is not suitable to own or manage an | 23966 |
| adult care facility. | 23967 |
| The license shall contain the name and address of the | 23968 |
| facility for which it was issued, the date of expiration of the | 23969 |
| license, and the maximum number of residents that may be | 23970 |
| accommodated by the facility. A license for an adult care facility | 23971 |
| shall be valid for a period of two years after the date of | 23972 |
| issuance. No single facility may be licensed to operate as more | 23973 |
| than one adult care facility. | 23974 |
| (2) Notwithstanding division (A)(1) of this section and | 23975 |
| sections 3722.02 and 3722.041 of the Revised Code, the director | 23976 |
| may issue a temporary license if the requirements of divisions | 23977 |
| (C), (D), and (F) of section 3722.02 of the Revised Code have been | 23978 |
| met. A temporary license shall be valid for a period of ninety | 23979 |
| days and, except as otherwise provided in division (A)(3) of | 23980 |
| section 3722.05 of the Revised Code, may be renewed, without | 23981 |
| payment of an additional application fee, for an additional ninety | 23982 |
| days. | 23983 |
| (B) The director shall renew a license for a two-year period | 23984 |
| if the facility continues to be in compliance with the | 23985 |
| requirements of this chapter and in substantial compliance with | 23986 |
| the rules adopted under this chapter. The owner shall submit a | 23987 |
| nonrefundable license renewal application fee in an amount | 23988 |
| established in rules adopted by the public health council pursuant | 23989 |
| to this chapter. Before the license of an adult group home is | 23990 |
| renewed, if any alterations have been made to the buildings, a | 23991 |
| certificate of occupancy for the facility shall have been issued | 23992 |
| by the division of industrial compliance in the department of | 23993 |
| commerce or a local certified building department. The facility | 23994 |
| shall have water and sewage system approvals, if required by law, | 23995 |
| and, in the case of an adult group home, documentation of | 23996 |
| continued compliance with the rules adopted by the state fire | 23997 |
| marshal under division (F) of section 3737.83 of the Revised Code. | 23998 |
| (C) The director shall make at least one unannounced | 23999 |
| inspection of an adult care facility during each licensure period | 24000 |
| in addition to inspecting the facility to determine whether a | 24001 |
| license should be issued or renewed, and may make additional | 24002 |
| unannounced inspections as the director considers necessary. Other | 24003 |
| inspections may be made at any time that the director considers | 24004 |
| appropriate. The director shall take all reasonable actions to | 24005 |
| avoid giving notice of an inspection by the manner in which the | 24006 |
| inspection is scheduled or performed. Not later than sixty days | 24007 |
| after the date of an inspection of a facility, the director shall | 24008 |
| send a report of the inspection to the ombudsperson in whose | 24009 |
| region the facility is located. The state fire marshal or fire | 24010 |
| prevention officer of a municipal, township, or other legally | 24011 |
| constituted fire department approved by the state fire marshal | 24012 |
| shall inspect an adult group home seeking a license or renewal | 24013 |
| under this chapter as an adult care facility prior to issuance of | 24014 |
| a license or renewal, at least once annually thereafter, and at | 24015 |
| any other time at the request of the director, to determine | 24016 |
| compliance with the rules adopted under division (F) of section | 24017 |
| 3737.83 of the Revised Code. | 24018 |
| (D) The director may waive any of the licensing requirements | 24019 |
| having to do with fire and safety requirements or building | 24020 |
| standards established by rule adopted by the public health council | 24021 |
| pursuant to this chapter upon written request of the facility. The | 24022 |
| director may grant a waiver if the director determines that the | 24023 |
| strict application of the licensing requirement would cause undue | 24024 |
| hardship to the facility and that granting the waiver would not | 24025 |
| jeopardize the health or safety of any resident. The director may | 24026 |
| provide a facility with an informal hearing concerning the denial | 24027 |
| of a waiver request, but the facility shall not be entitled to a | 24028 |
| hearing under Chapter 119. of the Revised Code unless the director | 24029 |
| takes an action that requires a hearing to be held under section | 24030 |
| 3722.05 of the Revised Code. | 24031 |
| (E)(1) Not later than thirty days after | 24032 |
| 24033 | |
| 24034 | |
| owner of an adult care facility shall submit an inspection fee of | 24035 |
| 24036 | |
| licensed: | 24037 |
| (a) Issuance or renewal of a license, other than a temporary | 24038 |
| license; | 24039 |
| (b) The unannounced inspection required by division (C) of | 24040 |
| this section; | 24041 |
| (c) If, during an inspection conducted in addition to the two | 24042 |
| inspections required by division (C) of this section, the facility | 24043 |
| was found to be in violation of this chapter or the rules adopted | 24044 |
| under it, receipt by the facility of the report of that | 24045 |
| investigation. | 24046 |
| (2) The director may revoke the license of any adult care | 24047 |
| facility that fails to submit the fee within the thirty-day | 24048 |
|
period. | 24049 |
| (3) All inspection fees received by the director, all civil | 24050 |
| penalties assessed under section 3722.08 of the Revised Code, all | 24051 |
| fines imposed under section 3722.99 of the Revised Code, and all | 24052 |
| license application and renewal application fees received under | 24053 |
| division (F) of section 3722.02 of the Revised Code or under | 24054 |
| division (B) of this section shall be deposited into the general | 24055 |
| operations fund created in section 3701.83 of the Revised Code and | 24056 |
| shall be used only to pay the costs of administering and enforcing | 24057 |
| the requirements of this chapter and rules adopted under it. | 24058 |
| (F)(1) An owner shall inform the director in writing of any | 24059 |
| changes in the information contained in the statement of ownership | 24060 |
| made pursuant to division (C) of section 3722.02 of the Revised | 24061 |
| Code or in the identity of the manager, not later than ten days | 24062 |
| after the change occurs. | 24063 |
| (2) An owner who sells or transfers an adult care facility | 24064 |
| shall be responsible and liable for the following: | 24065 |
| (a) Any civil penalties imposed against the facility under | 24066 |
| section 3722.08 of the Revised Code for violations that occur | 24067 |
| before the date of transfer of ownership or during any period in | 24068 |
| which the seller or the seller's agent operates the facility; | 24069 |
| (b) Any outstanding liability to the state, unless the buyer | 24070 |
| or transferee has agreed, as a condition of the sale or transfer, | 24071 |
| to accept the outstanding liabilities and to guarantee their | 24072 |
| payment, except that if the buyer or transferee fails to meet | 24073 |
| these obligations the seller or transferor shall remain | 24074 |
| responsible for the outstanding liability. | 24075 |
| (G) The director shall annually publish a list of licensed | 24076 |
| adult care facilities, facilities whose licenses have been revoked | 24077 |
| or not renewed, any facilities under an order suspending | 24078 |
| admissions pursuant to section 3722.07 of the Revised Code, and | 24079 |
| any facilities that have been assessed a civil penalty pursuant to | 24080 |
| section 3722.08 of the Revised Code. The director shall furnish | 24081 |
| information concerning the status of licensure of any facility to | 24082 |
| any person upon request. The director shall annually send a copy | 24083 |
| of the list to the department of job and family services, to the | 24084 |
| department of mental health, and to the department of aging. | 24085 |
| Sec. 3722.16. (A) No person shall: | 24086 |
| (1) Operate an adult care facility unless the facility is | 24087 |
| validly licensed by the director of health under section 3722.04 | 24088 |
| of the Revised Code; | 24089 |
| (2) Admit to an adult care facility more residents than the | 24090 |
| number authorized in the facility's license; | 24091 |
| (3) Admit a resident to an adult care facility after the | 24092 |
| director has issued an order pursuant to section 3722.07 of the | 24093 |
| Revised Code suspending admissions to the facility. Violation of | 24094 |
| division (A)(3) of this section is cause for revocation of the | 24095 |
| facility's license. | 24096 |
| (4) Interfere with any authorized inspection of an adult care | 24097 |
| facility conducted pursuant to section 3722.02 or 3722.04 of the | 24098 |
| Revised Code; | 24099 |
| (5) Violate any of the provisions of this chapter or any of | 24100 |
| the rules adopted pursuant to it. | 24101 |
| (B) No adult care facility shall provide, or admit or retain | 24102 |
| any resident in need of, skilled nursing care unless all of the | 24103 |
| following are the case: | 24104 |
| (1) The care will be provided on a part-time, intermittent | 24105 |
| basis for not more than a total of one hundred twenty days in any | 24106 |
| twelve-month period by one or more of the following: | 24107 |
| (a) A home health agency certified under Title XVIII of the | 24108 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 24109 |
| amended: | 24110 |
| (b) A hospice care program licensed under Chapter 3712. of | 24111 |
| the Revised Code; | 24112 |
| (c) A nursing home licensed under Chapter 3721. of the | 24113 |
| Revised Code and owned and operated by the same person and located | 24114 |
| on the same site as the adult care facility; | 24115 |
| (d) A mental health agency or, pursuant to division (A)(8)(b) | 24116 |
| of section 340.03 of the Revised Code, a board of alcohol, drug | 24117 |
| addiction, and mental health services. | 24118 |
| (2) The staff of the home health agency, hospice care | 24119 |
| program, nursing home, mental health agency, or board of alcohol, | 24120 |
| drug addiction, and mental health services does not train facility | 24121 |
| staff to provide the skilled nursing care; | 24122 |
| (3) The individual to whom the skilled nursing care is | 24123 |
| provided is suffering from a short-term illness; | 24124 |
| (4) If the skilled nursing care is to be provided by the | 24125 |
| nursing staff of a nursing home, all of the following are the | 24126 |
| case: | 24127 |
| (a) The adult care facility evaluates the individual | 24128 |
| receiving the skilled nursing care at least once every seven days | 24129 |
| to determine whether the individual should be transferred to a | 24130 |
| nursing home; | 24131 |
| (b) The adult care facility meets at all times staffing | 24132 |
| requirements established by rules adopted under section 3722.10 of | 24133 |
| the Revised Code; | 24134 |
| (c) The nursing home does not include the cost of providing | 24135 |
| skilled nursing care to the adult care facility residents in a | 24136 |
|
cost report filed under section | 24137 |
| Code; | 24138 |
| (d) The nursing home meets at all times the nursing home | 24139 |
| licensure staffing ratios established by rules adopted under | 24140 |
| section 3721.04 of the Revised Code; | 24141 |
| (e) The nursing home staff providing skilled nursing care to | 24142 |
| adult care facility residents are registered nurses or licensed | 24143 |
| practical nurses licensed under Chapter 4723. of the Revised Code | 24144 |
| and meet the personnel qualifications for nursing home staff | 24145 |
| established by rules adopted under section 3721.04 of the Revised | 24146 |
| Code; | 24147 |
| (f) The skilled nursing care is provided in accordance with | 24148 |
| rules established for nursing homes under section 3721.04 of the | 24149 |
| Revised Code; | 24150 |
| (g) The nursing home meets the skilled nursing care needs of | 24151 |
| the adult care facility residents; | 24152 |
| (h) Using the nursing home's nursing staff does not prevent | 24153 |
| the nursing home or adult care facility from meeting the needs of | 24154 |
| the nursing home and adult care facility residents in a quality | 24155 |
| and timely manner. | 24156 |
| Notwithstanding section 3721.01 of the Revised Code, an adult | 24157 |
| care facility in which residents receive skilled nursing care as | 24158 |
| described in division (B) of this section is not a nursing home. | 24159 |
| No adult care facility shall provide skilled nursing care. | 24160 |
| (C) A home health agency or hospice care program that | 24161 |
| provides skilled nursing care pursuant to division (B) of this | 24162 |
| section may not be associated with the adult care facility unless | 24163 |
| the facility is part of a home for the aged as defined in section | 24164 |
| 5701.13 of the Revised Code or the adult care facility is owned | 24165 |
| and operated by the same person and located on the same site as a | 24166 |
| nursing home licensed under Chapter 3721. of the Revised Code that | 24167 |
| is associated with the home health agency or hospice care program. | 24168 |
| In addition, the following requirements shall be met: | 24169 |
| (1) The adult care facility shall evaluate the individual | 24170 |
| receiving the skilled nursing care not less than once every seven | 24171 |
| days to determine whether the individual should be transferred to | 24172 |
| a nursing home; | 24173 |
| (2) If the costs of providing the skilled nursing care are | 24174 |
|
included in a cost report filed pursuant to section | 24175 |
| 5111.23 of the Revised Code by the nursing home that is part of | 24176 |
| the same home for the aged, the home health agency or hospice care | 24177 |
| program shall not seek reimbursement for the care under the | 24178 |
| 24179 | |
| 5111. of the Revised Code. | 24180 |
| (D)(1) No person knowingly shall place or recommend placement | 24181 |
| of any person in an adult care facility that is operating without | 24182 |
| a license. | 24183 |
| (2) No employee of a unit of local or state government, board | 24184 |
| of alcohol, drug addiction, and mental health services, mental | 24185 |
| health agency, or PASSPORT administrative agency shall place or | 24186 |
| recommend placement of any person in an adult care facility if the | 24187 |
| employee knows that the facility cannot meet the needs of the | 24188 |
| potential resident. | 24189 |
| (3) No person who has reason to believe that an adult care | 24190 |
| facility is operating without a license shall fail to report this | 24191 |
| information to the director of health. | 24192 |
| (E) In accordance with Chapter 119. of the Revised Code, the | 24193 |
| public health council shall adopt rules that define a short-term | 24194 |
| illness for purposes of division (B)(3) of this section and | 24195 |
| specify, consistent with rules pertaining to home health care | 24196 |
|
adopted by the director of job and family
services under | 24197 |
| 24198 | |
| 5111.02 of the
Revised Code | 24199 |
| 24200 | |
| constitutes a part-time, intermittent basis for purposes of | 24201 |
| division (B)(1) of this section. | 24202 |
| Sec. 3734.01. As used in this chapter: | 24203 |
| (A) "Board of health" means the board of health of a city or | 24204 |
| general health district or the authority having the duties of a | 24205 |
| board of health in any city as authorized by section 3709.05 of | 24206 |
| the Revised Code. | 24207 |
| (B) "Director" means the director of environmental | 24208 |
| protection. | 24209 |
| (C) "Health district" means a city or general health district | 24210 |
| as created by or under authority of Chapter 3709. of the Revised | 24211 |
| Code. | 24212 |
| (D) "Agency" means the environmental protection agency. | 24213 |
| (E) "Solid wastes" means such unwanted residual solid or | 24214 |
| semisolid material as results from industrial, commercial, | 24215 |
| agricultural, and community operations, excluding earth or | 24216 |
| material from construction, mining, or demolition operations, or | 24217 |
| other waste materials of the type that normally would be included | 24218 |
| in demolition debris, nontoxic fly ash and bottom ash, including | 24219 |
| at least ash that results from the combustion of coal and ash that | 24220 |
| results from the combustion of coal in combination with scrap | 24221 |
| tires where scrap tires comprise not more than fifty per cent of | 24222 |
| heat input in any month, spent nontoxic foundry sand, and slag and | 24223 |
| other substances that are not harmful or inimical to public | 24224 |
| health, and includes, but is not limited to, garbage, scrap tires, | 24225 |
| combustible and noncombustible material, street dirt, and debris. | 24226 |
| "Solid wastes" does not include any material that is an infectious | 24227 |
| waste or a hazardous waste. | 24228 |
| (F) "Disposal" means the discharge, deposit, injection, | 24229 |
| dumping, spilling, leaking, emitting, or placing of any solid | 24230 |
| wastes or hazardous waste into or on any land or ground or surface | 24231 |
| water or into the air, except if the disposition or placement | 24232 |
| constitutes storage or treatment or, if the solid wastes consist | 24233 |
| of scrap tires, the disposition or placement constitutes a | 24234 |
| beneficial use or occurs at a scrap tire recovery facility | 24235 |
| licensed under section 3734.81 of the Revised Code. | 24236 |
| (G) "Person" includes the state, any political subdivision | 24237 |
| and other state or local body, the United States and any agency or | 24238 |
| instrumentality thereof, and any legal entity defined as a person | 24239 |
| under section 1.59 of the Revised Code. | 24240 |
| (H) "Open burning" means the burning of solid wastes in an | 24241 |
| open area or burning of solid wastes in a type of chamber or | 24242 |
| vessel that is not approved or authorized in rules adopted by the | 24243 |
| director under section 3734.02 of the Revised Code or, if the | 24244 |
| solid wastes consist of scrap tires, in rules adopted under | 24245 |
| division (V) of this section or section 3734.73 of the Revised | 24246 |
| Code, or the burning of treated or untreated infectious wastes in | 24247 |
| an open area or in a type of chamber or vessel that is not | 24248 |
| approved in rules adopted by the director under section 3734.021 | 24249 |
| of the Revised Code. | 24250 |
| (I) "Open dumping" means the depositing of solid wastes into | 24251 |
| a body or stream of water or onto the surface of the ground at a | 24252 |
| site that is not licensed as a solid waste facility under section | 24253 |
| 3734.05 of the Revised Code or, if the solid wastes consist of | 24254 |
| scrap tires, as a scrap tire collection, storage, monocell, | 24255 |
| monofill, or recovery facility under section 3734.81 of the | 24256 |
| Revised Code; the depositing of solid wastes that consist of scrap | 24257 |
| tires onto the surface of the ground at a site or in a manner not | 24258 |
| specifically identified in divisions (C)(2) to (5), (7), or (10) | 24259 |
| of section 3734.85 of the Revised Code; the depositing of | 24260 |
| untreated infectious wastes into a body or stream of water or onto | 24261 |
| the surface of the ground; or the depositing of treated infectious | 24262 |
| wastes into a body or stream of water or onto the surface of the | 24263 |
| ground at a site that is not licensed as a solid waste facility | 24264 |
| under section 3734.05 of the Revised Code. | 24265 |
| (J) "Hazardous waste" means any waste or combination of | 24266 |
| wastes in solid, liquid, semisolid, or contained gaseous form that | 24267 |
| in the determination of the director, because of its quantity, | 24268 |
| concentration, or physical or chemical characteristics, may do | 24269 |
| either of the following: | 24270 |
| (1) Cause or significantly contribute to an increase in | 24271 |
| mortality or an increase in serious irreversible or incapacitating | 24272 |
| reversible illness; | 24273 |
| (2) Pose a substantial present or potential hazard to human | 24274 |
| health or safety or to the environment when improperly stored, | 24275 |
| treated, transported, disposed of, or otherwise managed. | 24276 |
| "Hazardous waste" includes any substance identified by | 24277 |
| regulation as hazardous waste under the "Resource Conservation and | 24278 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 24279 |
| amended, and does not include any substance that is subject to the | 24280 |
| "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as | 24281 |
| amended. | 24282 |
| (K) "Treat" or "treatment," when used in connection with | 24283 |
| hazardous waste, means any method, technique, or process designed | 24284 |
| to change the physical, chemical, or biological characteristics or | 24285 |
| composition of any hazardous waste; to neutralize the waste; to | 24286 |
| recover energy or material resources from the waste; to render the | 24287 |
| waste nonhazardous or less hazardous, safer to transport, store, | 24288 |
| or dispose of, or amenable for recovery, storage, further | 24289 |
| treatment, or disposal; or to reduce the volume of the waste. When | 24290 |
| used in connection with infectious wastes, "treat" or "treatment" | 24291 |
| means any method, technique, or process designed to render the | 24292 |
| wastes noninfectious, including, without limitation, steam | 24293 |
| sterilization and incineration, or, in the instance of wastes | 24294 |
| identified in division (R)(7) of this section, to substantially | 24295 |
| reduce or eliminate the potential for the wastes to cause | 24296 |
| lacerations or puncture wounds. | 24297 |
| (L) "Manifest" means the form used for identifying the | 24298 |
| quantity, composition, origin, routing, and destination of | 24299 |
| hazardous waste during its transportation from the point of | 24300 |
| generation to the point of disposal, treatment, or storage. | 24301 |
| (M) "Storage," when used in connection with hazardous waste, | 24302 |
| means the holding of hazardous waste for a temporary period in | 24303 |
| such a manner that it remains retrievable and substantially | 24304 |
| unchanged physically and chemically and, at the end of the period, | 24305 |
| is treated; disposed of; stored elsewhere; or reused, recycled, or | 24306 |
| reclaimed in a beneficial manner. When used in connection with | 24307 |
| solid wastes that consist of scrap tires, "storage" means the | 24308 |
| holding of scrap tires for a temporary period in such a manner | 24309 |
| that they remain retrievable and, at the end of that period, are | 24310 |
| beneficially used; stored elsewhere; placed in a scrap tire | 24311 |
| monocell or monofill facility licensed under section 3734.81 of | 24312 |
| the Revised Code; processed at a scrap tire recovery facility | 24313 |
| licensed under that section or a solid waste incineration or | 24314 |
| energy recovery facility subject to regulation under this chapter; | 24315 |
| or transported to a scrap tire monocell, monofill, or recovery | 24316 |
| facility, any other solid waste facility authorized to dispose of | 24317 |
| scrap tires, or a facility that will beneficially use the scrap | 24318 |
| tires, that is located in another state and is operating in | 24319 |
| compliance with the laws of the state in which the facility is | 24320 |
| located. | 24321 |
| (N) "Facility" means any site, location, tract of land, | 24322 |
| installation, or building used for incineration, composting, | 24323 |
| sanitary landfilling, or other methods of disposal of solid wastes | 24324 |
| or, if the solid wastes consist of scrap tires, for the | 24325 |
| collection, storage, or processing of the solid wastes; for the | 24326 |
| transfer of solid wastes; for the treatment of infectious wastes; | 24327 |
| or for the storage, treatment, or disposal of hazardous waste. | 24328 |
| (O) "Closure" means the time at which a hazardous waste | 24329 |
| facility will no longer accept hazardous waste for treatment, | 24330 |
| storage, or disposal, the time at which a solid waste facility | 24331 |
| will no longer accept solid wastes for transfer or disposal or, if | 24332 |
| the solid wastes consist of scrap tires, for storage or | 24333 |
| processing, or the effective date of an order revoking the permit | 24334 |
| for a hazardous waste facility or the registration certificate, | 24335 |
| permit, or license for a solid waste facility, as applicable. | 24336 |
| "Closure" includes measures performed to protect public health or | 24337 |
| safety, to prevent air or water pollution, or to make the facility | 24338 |
| suitable for other uses, if any, including, but not limited to, | 24339 |
| the removal of processing residues resulting from solid wastes | 24340 |
| that consist of scrap tires; the establishment and maintenance of | 24341 |
| a suitable cover of soil and vegetation over cells in which | 24342 |
| hazardous waste or solid wastes are buried; minimization of | 24343 |
| erosion, the infiltration of surface water into such cells, the | 24344 |
| production of leachate, and the accumulation and runoff of | 24345 |
| contaminated surface water; the final construction of facilities | 24346 |
| for the collection and treatment of leachate and contaminated | 24347 |
| surface water runoff, except as otherwise provided in this | 24348 |
| division; the final construction of air and water quality | 24349 |
| monitoring facilities, except as otherwise provided in this | 24350 |
| division; the final construction of methane gas extraction and | 24351 |
| treatment systems; or the removal and proper disposal of hazardous | 24352 |
| waste or solid wastes from a facility when necessary to protect | 24353 |
| public health or safety or to abate or prevent air or water | 24354 |
| pollution. With regard to a solid waste facility that is a scrap | 24355 |
| tire facility, "closure" includes the final construction of | 24356 |
| facilities for the collection and treatment of leachate and | 24357 |
| contaminated surface water runoff and the final construction of | 24358 |
| air and water quality monitoring facilities only if those actions | 24359 |
| are determined to be necessary. | 24360 |
| (P) "Premises" means either of the following: | 24361 |
| (1) Geographically contiguous property owned by a generator; | 24362 |
| (2) Noncontiguous property that is owned by a generator and | 24363 |
| connected by a right-of-way that the generator controls and to | 24364 |
| which the public does not have access. Two or more pieces of | 24365 |
| property that are geographically contiguous and divided by public | 24366 |
| or private right-of-way or rights-of-way are a single premises. | 24367 |
| (Q) "Post-closure" means that period of time following | 24368 |
| closure during which a hazardous waste facility is required to be | 24369 |
| monitored and maintained under this chapter and rules adopted | 24370 |
| under it, including, without limitation, operation and maintenance | 24371 |
| of methane gas extraction and treatment systems, or the period of | 24372 |
| time after closure during which a scrap tire monocell or monofill | 24373 |
| facility licensed under section 3734.81 of the Revised Code is | 24374 |
| required to be monitored and maintained under this chapter and | 24375 |
| rules adopted under it. | 24376 |
| (R) "Infectious wastes" includes all of the following | 24377 |
| substances or categories of substances: | 24378 |
| (1) Cultures and stocks of infectious agents and associated | 24379 |
| biologicals, including, without limitation, specimen cultures, | 24380 |
| cultures and stocks of infectious agents, wastes from production | 24381 |
| of biologicals, and discarded live and attenuated vaccines; | 24382 |
| (2) Laboratory wastes that were, or are likely to have been, | 24383 |
| in contact with infectious agents that may present a substantial | 24384 |
| threat to public health if improperly managed; | 24385 |
| (3) Pathological wastes, including, without limitation, human | 24386 |
| and animal tissues, organs, and body parts, and body fluids and | 24387 |
| excreta that are contaminated with or are likely to be | 24388 |
| contaminated with infectious agents, removed or obtained during | 24389 |
| surgery or autopsy or for diagnostic evaluation, provided that, | 24390 |
| with regard to pathological wastes from animals, the animals have | 24391 |
| or are likely to have been exposed to a zoonotic or infectious | 24392 |
| agent; | 24393 |
| (4) Waste materials from the rooms of humans, or the | 24394 |
| enclosures of animals, that have been isolated because of | 24395 |
| diagnosed communicable disease that are likely to transmit | 24396 |
| infectious agents. Such waste materials from the rooms of humans | 24397 |
| do not include any wastes of patients who have been placed on | 24398 |
| blood and body fluid precautions under the universal precaution | 24399 |
| system established by the centers for disease control in the | 24400 |
| public health service of the United States department of health | 24401 |
| and human services, except to the extent specific wastes generated | 24402 |
| under the universal precautions system have been identified as | 24403 |
| infectious wastes by rules adopted under division (R)(8) of this | 24404 |
| section. | 24405 |
| (5) Human and animal blood specimens and blood products that | 24406 |
| are being disposed of, provided that, with regard to blood | 24407 |
| specimens and blood products from animals, the animals were or are | 24408 |
| likely to have been exposed to a zoonotic or infectious agent. | 24409 |
| "Blood products" does not include patient care waste such as | 24410 |
| bandages or disposable gowns that are lightly soiled with blood or | 24411 |
| other body fluids unless those wastes are soiled to the extent | 24412 |
| that the generator of the wastes determines that they should be | 24413 |
| managed as infectious wastes. | 24414 |
| (6) Contaminated carcasses, body parts, and bedding of | 24415 |
| animals that were intentionally exposed to infectious agents from | 24416 |
| zoonotic or human diseases during research, production of | 24417 |
| biologicals, or testing of pharmaceuticals, and carcasses and | 24418 |
| bedding of animals otherwise infected by zoonotic or infectious | 24419 |
| agents that may present a substantial threat to public health if | 24420 |
| improperly managed; | 24421 |
| (7) Sharp wastes used in the treatment, diagnosis, or | 24422 |
| inoculation of human beings or animals or that have, or are likely | 24423 |
| to have, come in contact with infectious agents in medical, | 24424 |
| research, or industrial laboratories, including, without | 24425 |
|
limitation, hypodermic needles | 24426 |
| culture slides, broken culture dishes, broken rigid plastic, | 24427 |
| exposed ends of dental wires, broken capillary tubes, and glass | 24428 |
| articles that have been broken; | 24429 |
| (8) Any other waste materials generated in the diagnosis, | 24430 |
| treatment, or immunization of human beings or animals, in research | 24431 |
| pertaining thereto, or in the production or testing of | 24432 |
| biologicals, that the public health council created in section | 24433 |
| 3701.33 of the Revised Code, by rules adopted in accordance with | 24434 |
| Chapter 119. of the Revised Code, identifies as infectious wastes | 24435 |
| after determining that the wastes present a substantial threat to | 24436 |
| human health when improperly managed because they are contaminated | 24437 |
| with, or are likely to be contaminated with, infectious agents. | 24438 |
| (S) "Infectious agent" means a type of microorganism, | 24439 |
| helminth, proteinaceous particle or prion, virus, plasmid, or | 24440 |
| other genetic element that causes, or significantly contributes to | 24441 |
| the cause of, increased morbidity or mortality of human beings. | 24442 |
| (T) "Zoonotic agent" means a type of microorganism, helminth, | 24443 |
| or virus that causes disease in vertebrate animals and that is | 24444 |
| transmissible to human beings and causes or significantly | 24445 |
| contributes to the cause of increased morbidity or mortality of | 24446 |
| human beings. | 24447 |
| (U) "Solid waste transfer facility" means any site, location, | 24448 |
| tract of land, installation, or building that is used or intended | 24449 |
| to be used primarily for the purpose of transferring solid wastes | 24450 |
| that were generated off the premises of the facility from vehicles | 24451 |
| or containers into other vehicles for transportation to a solid | 24452 |
| waste disposal facility. "Solid waste transfer facility" does not | 24453 |
| include any facility that consists solely of portable containers | 24454 |
| that have an aggregate volume of fifty cubic yards or less nor any | 24455 |
| facility where legitimate recycling activities are conducted. | 24456 |
| (V) "Beneficially use" means to use a scrap tire in a manner | 24457 |
| that results in a commodity for sale or exchange or in any other | 24458 |
| manner authorized as a beneficial use in rules adopted by the | 24459 |
| director in accordance with Chapter 119. of the Revised Code. | 24460 |
| (W) "Commercial car," "commercial tractor," "farm machinery," | 24461 |
| "motor bus," "vehicles," "motor vehicle," and "semitrailer" have | 24462 |
| the same meanings as in section 4501.01 of the Revised Code. | 24463 |
| (X) "Construction equipment" means road rollers, traction | 24464 |
| engines, power shovels, power cranes, and other equipment used in | 24465 |
| construction work, or in mining or producing or processing | 24466 |
| aggregates, and not designed for or used in general highway | 24467 |
| transportation. | 24468 |
| (Y) "Motor vehicle salvage dealer" has the same meaning as in | 24469 |
| section 4738.01 of the Revised Code. | 24470 |
| (Z) "Scrap tire" means an unwanted or discarded tire. | 24471 |
| (AA) "Scrap tire collection facility" means any facility that | 24472 |
| meets all of the following qualifications: | 24473 |
| (1) The facility is used for the receipt and storage of whole | 24474 |
| scrap tires from the public prior to their transportation to a | 24475 |
| scrap tire storage, monocell, monofill, or recovery facility | 24476 |
| licensed under section 3734.81 of the Revised Code; a solid waste | 24477 |
| incineration or energy recovery facility subject to regulation | 24478 |
| under this chapter; a premises within the state where the scrap | 24479 |
| tires will be beneficially used; or a scrap tire storage, | 24480 |
| monocell, monofill, or recovery facility, any other solid waste | 24481 |
| disposal facility authorized to dispose of scrap tires, or a | 24482 |
| facility that will beneficially use the scrap tires, that is | 24483 |
| located in another state, and that is operating in compliance with | 24484 |
| the laws of the state in which the facility is located | 24485 |
| (2) The facility exclusively stores scrap tires in portable | 24486 |
| containers | 24487 |
| (3) The aggregate storage of the portable containers in which | 24488 |
| the scrap tires are stored does not exceed five thousand cubic | 24489 |
| feet. | 24490 |
| (BB) "Scrap tire monocell facility" means an individual site | 24491 |
| within a solid waste landfill that is used exclusively for the | 24492 |
| environmentally sound storage or disposal of whole scrap tires or | 24493 |
| scrap tires that have been shredded, chipped, or otherwise | 24494 |
| mechanically processed. | 24495 |
| (CC) "Scrap tire monofill facility" means an engineered | 24496 |
| facility used or intended to be used exclusively for the storage | 24497 |
| or disposal of scrap tires, including at least facilities for the | 24498 |
| submergence of whole scrap tires in a body of water. | 24499 |
| (DD) "Scrap tire recovery facility" means any facility, or | 24500 |
| portion thereof, for the processing of scrap tires for the purpose | 24501 |
| of extracting or producing usable products, materials, or energy | 24502 |
| from the scrap tires through a controlled combustion process, | 24503 |
| mechanical process, or chemical process. "Scrap tire recovery | 24504 |
| facility" includes any facility that uses the controlled | 24505 |
| combustion of scrap tires in a manufacturing process to produce | 24506 |
| process heat or steam or any facility that produces usable heat or | 24507 |
| electric power through the controlled combustion of scrap tires in | 24508 |
| combination with another fuel, but does not include any solid | 24509 |
| waste incineration or energy recovery facility that is designed, | 24510 |
| constructed, and used for the primary purpose of incinerating | 24511 |
| mixed municipal solid wastes and that burns scrap tires in | 24512 |
| conjunction with mixed municipal solid wastes, or any tire | 24513 |
| retreading business, tire manufacturing finishing center, or tire | 24514 |
| adjustment center having on the premises of the business a single, | 24515 |
| covered scrap tire storage area at which not more than four | 24516 |
| thousand scrap tires are stored. | 24517 |
| (EE) "Scrap tire storage facility" means any facility where | 24518 |
| whole scrap tires are stored prior to their transportation to a | 24519 |
| scrap tire monocell, monofill, or recovery facility licensed under | 24520 |
| section 3734.81 of the Revised Code; a solid waste incineration or | 24521 |
| energy recovery facility subject to regulation under this chapter; | 24522 |
| a premises within the state where the scrap tires will be | 24523 |
| beneficially used; or a scrap tire storage, monocell, monofill, or | 24524 |
| recovery facility, any other solid waste disposal facility | 24525 |
| authorized to dispose of scrap tires, or a facility that will | 24526 |
| beneficially use the scrap tires, that is located in another | 24527 |
| state, and that is operating in compliance with the laws of the | 24528 |
| state in which the facility is located. | 24529 |
| (FF) "Used oil" means any oil that has been refined from | 24530 |
| crude oil, or any synthetic oil, that has been used and, as a | 24531 |
| result of that use, is contaminated by physical or chemical | 24532 |
| impurities. "Used oil" includes only those substances identified | 24533 |
| as used oil by the United States environmental protection agency | 24534 |
| under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 | 24535 |
| U.S.C.A. 6901a, as amended. | 24536 |
| Sec. 3734.02. (A) The director of environmental protection, | 24537 |
| in accordance with Chapter 119. of the Revised Code, shall adopt | 24538 |
| and may amend, suspend, or rescind rules having uniform | 24539 |
| application throughout the state governing solid waste facilities | 24540 |
| and the inspections of and issuance of permits and licenses for | 24541 |
| all solid waste facilities in order to ensure that the facilities | 24542 |
| will be located, maintained, and operated, and will undergo | 24543 |
| closure and post-closure care, in a sanitary manner so as not to | 24544 |
| create a nuisance, cause or contribute to water pollution, create | 24545 |
| a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. | 24546 |
| 257.3-8, as amended. The rules may include, without limitation, | 24547 |
| financial assurance requirements for closure and post-closure care | 24548 |
| and corrective action and requirements for taking corrective | 24549 |
| action in the event of the surface or subsurface discharge or | 24550 |
| migration of explosive gases or leachate from a solid waste | 24551 |
| facility, or of ground water contamination resulting from the | 24552 |
| transfer or disposal of solid wastes at a facility, beyond the | 24553 |
| boundaries of any area within a facility that is operating or is | 24554 |
| undergoing closure or post-closure care where solid wastes were | 24555 |
| disposed of or are being disposed of. The rules shall not concern | 24556 |
| or relate to personnel policies, salaries, wages, fringe benefits, | 24557 |
| or other conditions of employment of employees of persons owning | 24558 |
| or operating solid waste facilities. The director, in accordance | 24559 |
| with Chapter 119. of the Revised Code, shall adopt and may amend, | 24560 |
| suspend, or rescind rules governing the issuance, modification, | 24561 |
| revocation, suspension, or denial of variances from the director's | 24562 |
| solid waste rules, including, without limitation, rules adopted | 24563 |
| under this chapter governing the management of scrap tires. | 24564 |
| Variances shall be issued, modified, revoked, suspended, or | 24565 |
| rescinded in accordance with this division, rules adopted under | 24566 |
| it, and Chapter 3745. of the Revised Code. The director may order | 24567 |
| the person to whom a variance is issued to take such action within | 24568 |
| such time as the director may determine to be appropriate and | 24569 |
| reasonable to prevent the creation of a nuisance or a hazard to | 24570 |
| the public health or safety or the environment. Applications for | 24571 |
| variances shall contain such detail plans, specifications, and | 24572 |
| information regarding objectives, procedures, controls, and other | 24573 |
| pertinent data as the director may require. The director shall | 24574 |
| grant a variance only if the applicant demonstrates to the | 24575 |
| director's satisfaction that construction and operation of the | 24576 |
| solid waste facility in the manner allowed by the variance and any | 24577 |
| terms or conditions imposed as part of the variance will not | 24578 |
| create a nuisance or a hazard to the public health or safety or | 24579 |
| the environment. In granting any variance, the director shall | 24580 |
| state the specific provision or provisions whose terms are to be | 24581 |
| varied and also shall state specific terms or conditions imposed | 24582 |
| upon the applicant in place of the provision or provisions. The | 24583 |
| director may hold a public hearing on an application for a | 24584 |
| variance or renewal of a variance at a location in the county | 24585 |
| where the operations that are the subject of the application for | 24586 |
| the variance are conducted. The director shall give not less than | 24587 |
| twenty days' notice of the hearing to the applicant by certified | 24588 |
| mail and shall publish at least one notice of the hearing in a | 24589 |
| newspaper with general circulation in the county where the hearing | 24590 |
| is to be held. The director shall make available for public | 24591 |
| inspection at the principal office of the environmental protection | 24592 |
| agency a current list of pending applications for variances and a | 24593 |
| current schedule of pending variance hearings. The director shall | 24594 |
| make a complete stenographic record of testimony and other | 24595 |
| evidence submitted at the hearing. Within ten days after the | 24596 |
| hearing, the director shall make a written determination to issue, | 24597 |
| renew, or deny the variance and shall enter the determination and | 24598 |
| the basis for it into the record of the hearing. The director | 24599 |
| shall issue, renew, or deny an application for a variance or | 24600 |
| renewal of a variance within six months of the date upon which the | 24601 |
| director receives a complete application with all pertinent | 24602 |
| information and data required. No variance shall be issued, | 24603 |
| revoked, modified, or denied until the director has considered the | 24604 |
| relative interests of the applicant, other persons and property | 24605 |
| affected by the variance, and the general public. Any variance | 24606 |
| granted under this division shall be for a period specified by the | 24607 |
| director and may be renewed from time to time on such terms and | 24608 |
| for such periods as the director determines to be appropriate. No | 24609 |
| application shall be denied and no variance shall be revoked or | 24610 |
| modified without a written order stating the findings upon which | 24611 |
| the denial, revocation, or modification is based. A copy of the | 24612 |
| order shall be sent to the applicant or variance holder by | 24613 |
| certified mail. | 24614 |
| (B) The director shall prescribe and furnish the forms | 24615 |
| necessary to administer and enforce this chapter. The director may | 24616 |
| cooperate with and enter into agreements with other state, local, | 24617 |
| or federal agencies to carry out the purposes of this chapter. The | 24618 |
| director may exercise all incidental powers necessary to carry out | 24619 |
| the purposes of this chapter. | 24620 |
| The director may use moneys in the infectious waste | 24621 |
| management fund created in section 3734.021 of the Revised Code | 24622 |
| exclusively for administering and enforcing the provisions of this | 24623 |
| chapter governing the management of infectious wastes. Of each | 24624 |
| registration and renewal fee collected under rules adopted under | 24625 |
| division (A) | 24626 |
| 3734.022 of the Revised Code, the director, within forty-five days | 24627 |
| of its receipt, shall remit from the fund one-half of the fee | 24628 |
| received to the board of health of the health district in which | 24629 |
| the registered premises is located, or, in the instance of an | 24630 |
| infectious wastes transporter, to the board of health of the | 24631 |
| health district in which the transporter's principal place of | 24632 |
| business is located. However, if the board of health having | 24633 |
| jurisdiction over a registrant's premises or principal place of | 24634 |
| business is not on the approved list under section 3734.08 of the | 24635 |
| Revised Code, the director shall not make that payment to the | 24636 |
| board of health. | 24637 |
| (C) Except as provided in this division and divisions (N)(2) | 24638 |
| and (3) of this section, no person shall establish a new solid | 24639 |
| waste facility or infectious waste treatment facility, or modify | 24640 |
| an existing solid waste facility or infectious waste treatment | 24641 |
| facility, without submitting an application for a permit with | 24642 |
| accompanying detail plans, specifications, and information | 24643 |
| regarding the facility and method of operation and receiving a | 24644 |
| permit issued by the director, except that no permit shall be | 24645 |
| required under this division to install or operate a solid waste | 24646 |
| facility for sewage sludge treatment or disposal when the | 24647 |
| treatment or disposal is authorized by a current permit issued | 24648 |
| under Chapter 3704. or 6111. of the Revised Code. | 24649 |
| No person shall continue to operate a solid waste facility | 24650 |
| for which the director has denied a permit for which an | 24651 |
| application was required under division (A)(3) of section 3734.05 | 24652 |
| of the Revised Code, or for which the director has disapproved | 24653 |
| plans and specifications required to be filed by an order issued | 24654 |
| under division (A)(5) of that section, after the date prescribed | 24655 |
| for commencement of closure of the facility in the order issued | 24656 |
| under division (A)(6) of section 3734.05 of the Revised Code | 24657 |
| denying the permit application or approval. | 24658 |
| On and after the effective date of the rules adopted under | 24659 |
| division (A) of this section and division (D) of section 3734.12 | 24660 |
| of the Revised Code governing solid waste transfer facilities, no | 24661 |
| person shall establish a new, or modify an existing, solid waste | 24662 |
| transfer facility without first submitting an application for a | 24663 |
| permit with accompanying engineering detail plans, specifications, | 24664 |
| and information regarding the facility and its method of operation | 24665 |
| to the director and receiving a permit issued by the director. | 24666 |
| No person shall establish a new compost facility or continue | 24667 |
| to operate an existing compost facility that accepts exclusively | 24668 |
| source separated yard wastes without submitting a completed | 24669 |
| registration for the facility to the director in accordance with | 24670 |
| rules adopted under divisions (A) and (N)(3) of this section. | 24671 |
| This division does not apply to an infectious waste treatment | 24672 |
| facility that meets any of the following conditions: | 24673 |
| (1) Is owned or operated by the generator of the wastes and | 24674 |
| exclusively treats, by methods, techniques, and practices | 24675 |
| established by rules adopted under division (C)(1) or (3) of | 24676 |
| section 3734.021 of the Revised Code, wastes that are generated at | 24677 |
| any premises owned or operated by that generator regardless of | 24678 |
| whether the wastes are generated on the premises where the | 24679 |
| generator's treatment facility is located or, if the generator is | 24680 |
| a hospital as defined in section 3727.01 of the Revised Code, | 24681 |
|
infectious wastes that are described in division (A) | 24682 |
| 24683 |
| (2) Holds a license or renewal of a license to operate a | 24684 |
| crematory facility issued under Chapter 4717. and a permit issued | 24685 |
| under Chapter 3704. of the Revised Code; | 24686 |
| (3) Treats or disposes of dead animals or parts thereof, or | 24687 |
| the blood of animals, and is subject to any of the following: | 24688 |
| (a) Inspection under the "Federal Meat Inspection Act," 81 | 24689 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 24690 |
| (b) Chapter 918. of the Revised Code; | 24691 |
| (c) Chapter 953. of the Revised Code. | 24692 |
| (D) Neither this chapter nor any rules adopted under it apply | 24693 |
| to single-family residential premises; to infectious wastes | 24694 |
| generated by individuals for purposes of their own care or | 24695 |
| treatment that are disposed of with solid wastes from the | 24696 |
| individual's residence; to the temporary storage of solid wastes, | 24697 |
| other than scrap tires, prior to their collection for disposal; to | 24698 |
| the storage of one hundred or fewer scrap tires unless they are | 24699 |
| stored in such a manner that, in the judgment of the director or | 24700 |
| the board of health of the health district in which the scrap | 24701 |
| tires are stored, the storage causes a nuisance, a hazard to | 24702 |
| public health or safety, or a fire hazard; or to the collection of | 24703 |
| solid wastes, other than scrap tires, by a political subdivision | 24704 |
| or a person holding a franchise or license from a political | 24705 |
| subdivision of the state; to composting, as defined in section | 24706 |
| 1511.01 of the Revised Code, conducted in accordance with section | 24707 |
| 1511.022 of the Revised Code; or to any person who is licensed to | 24708 |
| transport raw rendering material to a compost facility pursuant to | 24709 |
| section 953.23 of the Revised Code. | 24710 |
| (E)(1) As used in this division: | 24711 |
| (a) "On-site facility" means a facility that stores, treats, | 24712 |
| or disposes of hazardous waste that is generated on the premises | 24713 |
| of the facility. | 24714 |
| (b) "Off-site facility" means a facility that stores, treats, | 24715 |
| or disposes of hazardous waste that is generated off the premises | 24716 |
| of the facility and includes such a facility that is also an | 24717 |
| on-site facility. | 24718 |
| (c) "Satellite facility" means any of the following: | 24719 |
| (i) An on-site facility that also receives hazardous waste | 24720 |
| from other premises owned by the same person who generates the | 24721 |
| waste on the facility premises; | 24722 |
| (ii) An off-site facility operated so that all of the | 24723 |
| hazardous waste it receives is generated on one or more premises | 24724 |
| owned by the person who owns the facility; | 24725 |
| (iii) An on-site facility that also receives hazardous waste | 24726 |
| that is transported uninterruptedly and directly to the facility | 24727 |
| through a pipeline from a generator who is not the owner of the | 24728 |
| facility. | 24729 |
| (2) Except as provided in division (E)(3) of this section, no | 24730 |
| person shall establish or operate a hazardous waste facility, or | 24731 |
| use a solid waste facility for the storage, treatment, or disposal | 24732 |
| of any hazardous waste, without a hazardous waste facility | 24733 |
| installation and operation permit issued in accordance with | 24734 |
| section 3734.05 of the Revised Code and subject to the payment of | 24735 |
| an application fee not to exceed one thousand five hundred | 24736 |
| dollars, payable upon application for a hazardous waste facility | 24737 |
| installation and operation permit and upon application for a | 24738 |
| renewal permit issued under division (H) of section 3734.05 of the | 24739 |
| Revised Code, to be credited to the hazardous waste facility | 24740 |
| management fund created in section 3734.18 of the Revised Code. | 24741 |
| The term of a hazardous waste facility installation and operation | 24742 |
| permit shall not exceed five years. | 24743 |
| In addition to the application fee, there is hereby levied an | 24744 |
| annual permit fee to be paid by the permit holder upon the | 24745 |
| anniversaries of the date of issuance of the hazardous waste | 24746 |
| facility installation and operation permit and of any subsequent | 24747 |
| renewal permits and to be credited to the hazardous waste facility | 24748 |
| management fund. Annual permit fees totaling forty thousand | 24749 |
| dollars or more for any one facility may be paid on a quarterly | 24750 |
| basis with the first quarterly payment each year being due on the | 24751 |
| anniversary of the date of issuance of the hazardous waste | 24752 |
| facility installation and operation permit and of any subsequent | 24753 |
| renewal permits. The annual permit fee shall be determined for | 24754 |
| each permit holder by the director in accordance with the | 24755 |
| following schedule: | 24756 |
| TYPE OF BASIC | 24757 | |||||
| MANAGEMENT UNIT | TYPE OF FACILITY | FEE | 24758 | |||
| Storage facility using: | 24759 | |||||
| Containers | On-site, off-site, and | 24760 | ||||
| satellite | $ 500 | 24761 | ||||
| Tanks | On-site, off-site, and | 24762 | ||||
| satellite | 500 | 24763 | ||||
| Waste pile | On-site, off-site, and | 24764 | ||||
| satellite | 3,000 | 24765 | ||||
| Surface impoundment | On-site and satellite | 8,000 | 24766 | |||
| Off-site | 10,000 | 24767 | ||||
| Disposal facility using: | 24768 | |||||
| Deep well injection | On-site and satellite | 15,000 | 24769 | |||
| Off-site | 25,000 | 24770 | ||||
| Landfill | On-site and satellite | 25,000 | 24771 | |||
| Off-site | 40,000 | 24772 | ||||
| Land application | On-site and satellite | 2,500 | 24773 | |||
| Off-site | 5,000 | 24774 | ||||
| Surface impoundment | On-site and satellite | 10,000 | 24775 | |||
| Off-site | 20,000 | 24776 | ||||
| Treatment facility using: | 24777 | |||||
| Tanks | On-site, off-site, and | 24778 | ||||
| satellite | 700 | 24779 | ||||
| Surface impoundment | On-site and satellite | 8,000 | 24780 | |||
| Off-site | 10,000 | 24781 | ||||
| Incinerator | On-site and satellite | 5,000 | 24782 | |||
| Off-site | 10,000 | 24783 | ||||
| Other forms | 24784 | |||||
| of treatment | On-site, off-site, and | 24785 | ||||
| satellite | 1,000 | 24786 |
| A hazardous waste disposal facility that disposes of | 24787 |
| hazardous waste by deep well injection and that pays the annual | 24788 |
| permit fee established in section 6111.046 of the Revised Code is | 24789 |
| not subject to the permit fee established in this division for | 24790 |
| disposal facilities using deep well injection unless the director | 24791 |
| determines that the facility is not in compliance with applicable | 24792 |
| requirements established under this chapter and rules adopted | 24793 |
| under it. | 24794 |
| In determining the annual permit fee required by this | 24795 |
| section, the director shall not require additional payments for | 24796 |
| multiple units of the same method of storage, treatment, or | 24797 |
| disposal or for individual units that are used for both storage | 24798 |
| and treatment. A facility using more than one method of storage, | 24799 |
| treatment, or disposal shall pay the permit fee indicated by the | 24800 |
| schedule for each such method. | 24801 |
| The director shall not require the payment of that portion of | 24802 |
| an annual permit fee of any permit holder that would apply to a | 24803 |
| hazardous waste management unit for which a permit has been | 24804 |
| issued, but for which construction has not yet commenced. Once | 24805 |
| construction has commenced, the director shall require the payment | 24806 |
| of a part of the appropriate fee indicated by the schedule that | 24807 |
| bears the same relationship to the total fee that the number of | 24808 |
| days remaining until the next anniversary date at which payment of | 24809 |
| the annual permit fee is due bears to three hundred sixty-five. | 24810 |
| The director, by rules adopted in accordance with Chapters | 24811 |
| 119. and 3745. of the Revised Code, shall prescribe procedures for | 24812 |
| collecting the annual permit fee established by this division and | 24813 |
| may prescribe other requirements necessary to carry out this | 24814 |
| division. | 24815 |
| (3) The prohibition against establishing or operating a | 24816 |
| hazardous waste facility without a hazardous waste facility | 24817 |
| installation and operation permit does not apply to either of the | 24818 |
| following: | 24819 |
| (a) A facility that is operating in accordance with a permit | 24820 |
| renewal issued under division (H) of section 3734.05 of the | 24821 |
| Revised Code, a revision issued under division (I) of that section | 24822 |
| as it existed prior to August 20, 1996, or a modification issued | 24823 |
| by the director under division (I) of that section on and after | 24824 |
| August 20, 1996; | 24825 |
| (b) Except as provided in division (J) of section 3734.05 of | 24826 |
| the Revised Code, a facility that will operate or is operating in | 24827 |
| accordance with a permit by rule, or that is not subject to permit | 24828 |
| requirements, under rules adopted by the director. In accordance | 24829 |
| with Chapter 119. of the Revised Code, the director shall adopt, | 24830 |
| and subsequently may amend, suspend, or rescind, rules for the | 24831 |
| purposes of division (E)(3)(b) of this section. Any rules so | 24832 |
| adopted shall be consistent with and equivalent to regulations | 24833 |
| pertaining to interim status adopted under the "Resource | 24834 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 24835 |
| 6921, as amended, except as otherwise provided in this chapter. | 24836 |
| If a modification is requested or proposed for a facility | 24837 |
| described in division (E)(3)(a) or (b) of this section, division | 24838 |
| (I)(7) of section 3734.05 of the Revised Code applies. | 24839 |
| (F) No person shall store, treat, or dispose of hazardous | 24840 |
| waste identified or listed under this chapter and rules adopted | 24841 |
| under it, regardless of whether generated on or off the premises | 24842 |
| where the waste is stored, treated, or disposed of, or transport | 24843 |
| or cause to be transported any hazardous waste identified or | 24844 |
| listed under this chapter and rules adopted under it to any other | 24845 |
| premises, except at or to any of the following: | 24846 |
| (1) A hazardous waste facility operating under a permit | 24847 |
| issued in accordance with this chapter; | 24848 |
| (2) A facility in another state operating under a license or | 24849 |
| permit issued in accordance with the "Resource Conservation and | 24850 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 24851 |
| amended; | 24852 |
| (3) A facility in another nation operating in accordance with | 24853 |
| the laws of that nation; | 24854 |
| (4) A facility holding a permit issued pursuant to Title I of | 24855 |
| the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 | 24856 |
| Stat. 1052, 33 U.S.C.A. 1401, as amended; | 24857 |
| (5) A hazardous waste facility as described in division | 24858 |
| (E)(3)(a) or (b) of this section. | 24859 |
| (G) The director, by order, may exempt any person generating, | 24860 |
| collecting, storing, treating, disposing of, or transporting solid | 24861 |
| wastes or hazardous waste, or processing solid wastes that consist | 24862 |
| of scrap tires, in such quantities or under such circumstances | 24863 |
| that, in the determination of the director, are unlikely to | 24864 |
| adversely affect the public health or safety or the environment | 24865 |
| from any requirement to obtain a registration certificate, permit, | 24866 |
| or license or comply with the manifest system or other | 24867 |
| requirements of this chapter. Such an exemption shall be | 24868 |
| consistent with and equivalent to any regulations adopted by the | 24869 |
| administrator of the United States environmental protection agency | 24870 |
| under the "Resource Conservation and Recovery Act of 1976," 90 | 24871 |
| Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise | 24872 |
| provided in this chapter. | 24873 |
| (H) No person shall engage in filling, grading, excavating, | 24874 |
| building, drilling, or mining on land where a hazardous waste | 24875 |
| facility, or a solid waste facility, was operated without prior | 24876 |
| authorization from the director, who shall establish the procedure | 24877 |
| for granting such authorization by rules adopted in accordance | 24878 |
| with Chapter 119. of the Revised Code. | 24879 |
| A public utility that has main or distribution lines above or | 24880 |
| below the land surface located on an easement or right-of-way | 24881 |
| across land where a solid waste facility was operated may engage | 24882 |
| in any such activity within the easement or right-of-way without | 24883 |
| prior authorization from the director for purposes of performing | 24884 |
| emergency repair or emergency replacement of its lines; of the | 24885 |
| poles, towers, foundations, or other structures supporting or | 24886 |
| sustaining any such lines; or of the appurtenances to those | 24887 |
| structures, necessary to restore or maintain existing public | 24888 |
| utility service. A public utility may enter upon any such easement | 24889 |
| or right-of-way without prior authorization from the director for | 24890 |
| purposes of performing necessary or routine maintenance of those | 24891 |
| portions of its existing lines; of the existing poles, towers, | 24892 |
| foundations, or other structures sustaining or supporting its | 24893 |
| lines; or of the appurtenances to any such supporting or | 24894 |
| sustaining structure, located on or above the land surface on any | 24895 |
| such easement or right-of-way. Within twenty-four hours after | 24896 |
| commencing any such emergency repair, replacement, or maintenance | 24897 |
| work, the public utility shall notify the director or the | 24898 |
| director's authorized representative of those activities and shall | 24899 |
| provide such information regarding those activities as the | 24900 |
| director or the director's representative may request. Upon | 24901 |
| completion of the emergency repair, replacement, or maintenance | 24902 |
| activities, the public utility shall restore any land of the solid | 24903 |
| waste facility disturbed by those activities to the condition | 24904 |
| existing prior to the commencement of those activities. | 24905 |
| (I) No owner or operator of a hazardous waste facility, in | 24906 |
| the operation of the facility, shall cause, permit, or allow the | 24907 |
| emission therefrom of any particulate matter, dust, fumes, gas, | 24908 |
| mist, smoke, vapor, or odorous substance that, in the opinion of | 24909 |
| the director, unreasonably interferes with the comfortable | 24910 |
| enjoyment of life or property by persons living or working in the | 24911 |
| vicinity of the facility, or that is injurious to public health. | 24912 |
| Any such action is hereby declared to be a public nuisance. | 24913 |
| (J) Notwithstanding any other provision of this chapter, in | 24914 |
| the event the director finds an imminent and substantial danger to | 24915 |
| public health or safety or the environment that creates an | 24916 |
| emergency situation requiring the immediate treatment, storage, or | 24917 |
| disposal of hazardous waste, the director may issue a temporary | 24918 |
| emergency permit to allow the treatment, storage, or disposal of | 24919 |
| the hazardous waste at a facility that is not otherwise authorized | 24920 |
| by a hazardous waste facility installation and operation permit to | 24921 |
| treat, store, or dispose of the waste. The emergency permit shall | 24922 |
| not exceed ninety days in duration and shall not be renewed. The | 24923 |
| director shall adopt, and may amend, suspend, or rescind, rules in | 24924 |
| accordance with Chapter 119. of the Revised Code governing the | 24925 |
| issuance, modification, revocation, and denial of emergency | 24926 |
| permits. | 24927 |
| (K) No owner or operator of a sanitary landfill shall | 24928 |
| knowingly accept for disposal, or dispose of, any infectious | 24929 |
| wastes, other than those subject to rules adopted under division | 24930 |
| (A)(1)(c) of section 3734.021 of the Revised Code, that have not | 24931 |
| been treated to render them noninfectious. For the purposes of | 24932 |
| this division, certification by the owner or operator of the | 24933 |
| treatment facility where the wastes were treated on the shipping | 24934 |
| paper required by rules adopted under division (D)(2) of that | 24935 |
| section creates a rebuttable presumption that the wastes have been | 24936 |
| so treated. | 24937 |
| (L) The director, in accordance with Chapter 119. of the | 24938 |
| Revised Code, shall adopt, and may amend, suspend, or rescind, | 24939 |
| rules having uniform application throughout the state establishing | 24940 |
| a training and certification program that shall be required for | 24941 |
| employees of boards of health who are responsible for enforcing | 24942 |
| the solid waste and infectious waste provisions of this chapter | 24943 |
| and rules adopted under them and for persons who are responsible | 24944 |
| for the operation of solid waste facilities or infectious waste | 24945 |
| treatment facilities. The rules shall provide all of the | 24946 |
| following, without limitation: | 24947 |
| (1) The program shall be administered by the director and | 24948 |
| shall consist of a course on new solid waste and infectious waste | 24949 |
| technologies, enforcement procedures, and rules; | 24950 |
| (2) The course shall be offered on an annual basis; | 24951 |
| (3) Those persons who are required to take the course under | 24952 |
| division (L) of this section shall do so triennially; | 24953 |
| (4) Persons who successfully complete the course shall be | 24954 |
| certified by the director; | 24955 |
| (5) Certification shall be required for all employees of | 24956 |
| boards of health who are responsible for enforcing the solid waste | 24957 |
| or infectious waste provisions of this chapter and rules adopted | 24958 |
| under them and for all persons who are responsible for the | 24959 |
| operation of solid waste facilities or infectious waste treatment | 24960 |
| facilities; | 24961 |
| (6)(a) All employees of a board of health who, on the | 24962 |
| effective date of the rules adopted under this division, are | 24963 |
| responsible for enforcing the solid waste or infectious waste | 24964 |
| provisions of this chapter and the rules adopted under them shall | 24965 |
| complete the course and be certified by the director not later | 24966 |
| than January 1, 1995; | 24967 |
| (b) All employees of a board of health who, after the | 24968 |
| effective date of the rules adopted under division (L) of this | 24969 |
| section, become responsible for enforcing the solid waste or | 24970 |
| infectious waste provisions of this chapter and rules adopted | 24971 |
| under them and who do not hold a current and valid certification | 24972 |
| from the director at that time shall complete the course and be | 24973 |
| certified by the director within two years after becoming | 24974 |
| responsible for performing those activities. | 24975 |
| No person shall fail to obtain the certification required | 24976 |
| under this division. | 24977 |
| (M) The director shall not issue a permit under section | 24978 |
| 3734.05 of the Revised Code to establish a solid waste facility, | 24979 |
| or to modify a solid waste facility operating on December 21, | 24980 |
| 1988, in a manner that expands the disposal capacity or geographic | 24981 |
| area covered by the facility, that is or is to be located within | 24982 |
| the boundaries of a state park established or dedicated under | 24983 |
| Chapter 1541. of the Revised Code, a state park purchase area | 24984 |
| established under section 1541.02 of the Revised Code, any unit of | 24985 |
| the national park system, or any property that lies within the | 24986 |
| boundaries of a national park or recreation area, but that has not | 24987 |
| been acquired or is not administered by the secretary of the | 24988 |
| United States department of the interior, located in this state, | 24989 |
| or any candidate area located in this state and identified for | 24990 |
| potential inclusion in the national park system in the edition of | 24991 |
| the "national park system plan" submitted under paragraph (b) of | 24992 |
| section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 | 24993 |
| U.S.C.A. 1a-5, as amended, current at the time of filing of the | 24994 |
| application for the permit, unless the facility or proposed | 24995 |
| facility is or is to be used exclusively for the disposal of solid | 24996 |
| wastes generated within the park or recreation area and the | 24997 |
| director determines that the facility or proposed facility will | 24998 |
| not degrade any of the natural or cultural resources of the park | 24999 |
| or recreation area. The director shall not issue a variance under | 25000 |
| division (A) of this section and rules adopted under it, or issue | 25001 |
| an exemption order under division (G) of this section, that would | 25002 |
| authorize any such establishment or expansion of a solid waste | 25003 |
| facility within the boundaries of any such park or recreation | 25004 |
| area, state park purchase area, or candidate area, other than a | 25005 |
| solid waste facility exclusively for the disposal of solid wastes | 25006 |
| generated within the park or recreation area when the director | 25007 |
| determines that the facility will not degrade any of the natural | 25008 |
| or cultural resources of the park or recreation area. | 25009 |
| (N)(1) The rules adopted under division (A) of this section, | 25010 |
| other than those governing variances, do not apply to scrap tire | 25011 |
| collection, storage, monocell, monofill, and recovery facilities. | 25012 |
| Those facilities are subject to and governed by rules adopted | 25013 |
| under sections 3734.70 to 3734.73 of the Revised Code, as | 25014 |
| applicable. | 25015 |
| (2) Division (C) of this section does not apply to scrap tire | 25016 |
| collection, storage, monocell, monofill, and recovery facilities. | 25017 |
| The establishment and modification of those facilities are subject | 25018 |
| to sections 3734.75 to 3734.78 and section 3734.81 of the Revised | 25019 |
| Code, as applicable. | 25020 |
| (3) The director may adopt, amend, suspend, or rescind rules | 25021 |
| under division (A) of this section creating an alternative system | 25022 |
| for authorizing the establishment, operation, or modification of a | 25023 |
| solid waste compost facility in lieu of the requirement that a | 25024 |
| person seeking to establish, operate, or modify a solid waste | 25025 |
| compost facility apply for and receive a permit under division (C) | 25026 |
| of this section and section 3734.05 of the Revised Code and a | 25027 |
| license under division (A)(1) of that section. The rules may | 25028 |
| include requirements governing, without limitation, the | 25029 |
| classification of solid waste compost facilities, the submittal of | 25030 |
| operating records for solid waste compost facilities, and the | 25031 |
| creation of a registration or notification system in lieu of the | 25032 |
| issuance of permits and licenses for solid waste compost | 25033 |
| facilities. The rules shall specify the applicability of divisions | 25034 |
| (A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised | 25035 |
| Code to a solid waste compost facility. | 25036 |
| Sec. 3734.021. Infectious wastes shall be segregated, | 25037 |
| packaged, treated, transported, and disposed of in accordance with | 25038 |
| rules adopted under this section. | 25039 |
| The director of environmental protection, in accordance with | 25040 |
| Chapter 119. of the Revised Code, shall adopt, and may amend and | 25041 |
| rescind, rules necessary or appropriate to protect human health or | 25042 |
| safety or the environment | 25043 |
| this section. | 25044 |
| (A) | 25045 |
| standards for generators of infectious
wastes that | 25046 |
| substantively equivalent to the standards established in 49 U.S.C. | 25047 |
| subtitle III, chapter 51, and regulations adopted or orders issued | 25048 |
| under it, including, without limitation, the following | 25049 |
| requirements and authorizations that: | 25050 |
| (1) | 25051 |
| (a) Place all infectious wastes | 25052 |
| 25053 | |
| 25054 | |
| 25055 | |
| 25056 | |
| 25057 | |
| 25058 | |
| 25059 | |
| 25060 | |
| with federal standards governing hazardous materials; | 25061 |
| (b) Either treat all specimen cultures and cultures of viable | 25062 |
| infectious agents on the premises where they are generated to | 25063 |
| render them noninfectious by methods, techniques, or practices | 25064 |
| prescribed by rules adopted under division (C)(1) of this section | 25065 |
| before they are transported off that premises for disposal or | 25066 |
| ensure that such wastes are treated to render them noninfectious | 25067 |
| at an infectious waste treatment facility off that premises that | 25068 |
| is owned or operated by the generator, an infectious waste | 25069 |
| treatment facility that holds a license issued under division (B) | 25070 |
| of section 3734.05 of the Revised Code, an infectious waste | 25071 |
| treatment facility that is located in another state that is in | 25072 |
| compliance with applicable state and federal laws, or a treatment | 25073 |
| facility that is authorized by rules adopted under division (C)(6) | 25074 |
| of this section, prior to disposal of the wastes | 25075 |
| (c) | 25076 |
| 25077 | |
| produces fewer than fifty pounds of infectious wastes during any | 25078 |
| one month that are subject to and packaged and labeled in | 25079 |
| accordance with rules adopted under division (A)(1)(a) of this | 25080 |
| section | 25081 |
| with federal standards governing hazardous materials and | 25082 |
| dispose of them in the same manner as solid wastes. Such | 25083 |
| generators who treat specimen cultures and cultures of viable | 25084 |
| infectious agents on the premises where they are generated shall | 25085 |
| not be considered treatment facilities as "treatment" and | 25086 |
| "facility" are defined in section 3734.01 of the Revised Code. | 25087 |
| (d) | 25088 |
| to and treated in accordance with rules adopted under division | 25089 |
| (A)(1)(b) of this section | 25090 |
| the same manner as solid wastes | 25091 |
| (e) For the purposes of this section and rules adopted under | 25092 |
| it, | 25093 |
| thereof
| 25094 |
| infectious
wastes produced by | 25095 |
| animals or parts meet either of the following: | 25096 |
| (i) Were not intentionally exposed to infectious agents | 25097 |
| during research, production of biologicals, or testing of | 25098 |
| pharmaceuticals; | 25099 |
| (ii) Either were produced by a veterinarian holding a license | 25100 |
| issued under Chapter 4741. of the Revised Code or were treated or | 25101 |
| disposed of by a person holding a license issued under Chapter | 25102 |
| 953. of the Revised Code. | 25103 |
| (f) For the purposes of this section and rules adopted under | 25104 |
| it, | 25105 |
| embalming fluids that are discharged on the site of their | 25106 |
| generation into a disposal system, as defined in section 6111.01 | 25107 |
| of the Revised Code, by a facility that holds a license or renewal | 25108 |
| of a
license issued
under Chapter 4717. of the
Revised Code | 25109 |
| 25110 | |
| produced by that generator. | 25111 |
| | 25112 |
| 25113 | |
| 25114 | |
| 25115 | |
| 25116 | |
| 25117 | |
| 25118 | |
| 25119 | |
| 25120 | |
| 25121 | |
| 25122 | |
| 25123 |
| | 25124 |
| emergency medical services organization, as defined in section | 25125 |
| 4765.01 of the Revised Code, may be taken to and left at a | 25126 |
| hospital, as defined in section 3727.01 of the Revised Code, for | 25127 |
| treatment at a treatment facility owned or operated by the | 25128 |
| hospital or, in conjunction with infectious wastes generated by | 25129 |
| the hospital, at another treatment facility regardless of whether | 25130 |
| the wastes were generated in providing care to the patient at the | 25131 |
| scene of an emergency or during the transportation of the patient | 25132 |
| to a hospital. An emergency medical services organization that | 25133 |
| transports infectious wastes that are so generated to a hospital | 25134 |
| for that purpose is not a transporter for the purposes of this | 25135 |
| section or section 3734.022 of the Revised Code. | 25136 |
| | 25137 |
| individual's own care or treatment may be taken to and left at a | 25138 |
| hospital, as defined in section 3727.01 of the Revised Code, for | 25139 |
| treatment at a treatment facility owned or operated by the | 25140 |
| hospital or, in conjunction with infectious wastes generated by | 25141 |
| the hospital, at another treatment facility. An individual or | 25142 |
| member of an individual's household who transports wastes so | 25143 |
| generated by the individual to a hospital for that purpose is not | 25144 |
| a transporter for the purposes of this section or section 3734.022 | 25145 |
| of the Revised Code. | 25146 |
| | 25147 |
| wastes during any one month: | 25148 |
| (a) | 25149 |
| agency as a generator of infectious wastes and obtain a | 25150 |
| registration certificate. The fee for issuance of a generator | 25151 |
| registration certificate is three hundred dollars payable at the | 25152 |
| time of application. The registration certificate applies to all | 25153 |
| the premises owned or operated by the generator in this state | 25154 |
| where infectious wastes are generated and shall list the address | 25155 |
| of each such premises. If a generator owns or operates facilities | 25156 |
| for the treatment of infectious wastes it generates, the | 25157 |
| certificate shall list the address and method of treatment used at | 25158 |
| each such facility. | 25159 |
| A generator registration certificate is valid for three years | 25160 |
| from the date of issuance and shall be renewed for a term of three | 25161 |
| years upon the generator's submission of an application for | 25162 |
| renewal and payment of a three hundred dollar renewal fee. | 25163 |
| The rules may establish a system of staggered renewal dates | 25164 |
| with approximately one-third of such certificates subject to | 25165 |
| renewal each year. The applicable renewal date shall be prescribed | 25166 |
| on each registration certificate. Registration fees shall be | 25167 |
| prorated according to the time remaining in the registration cycle | 25168 |
| to the nearest year. | 25169 |
| The registration and renewal fees shall be credited to the | 25170 |
| infectious wastes management fund, hereby created in the state | 25171 |
| treasury. | 25172 |
| (b) | 25173 |
| wastes at the point of generation. Nothing in this section and | 25174 |
| rules adopted under it prohibits a generator of infectious wastes | 25175 |
| from designating and managing wastes, in addition to those defined | 25176 |
| as infectious wastes under section 3734.01 of the Revised Code, as | 25177 |
| infectious wastes when, in the judgment of the generator, those | 25178 |
| other wastes should be managed as infectious wastes because they | 25179 |
| are, or are likely to be, contaminated with infectious agents. | 25180 |
| After designating any such other wastes as infectious, the | 25181 |
| generator shall manage those wastes in compliance with the | 25182 |
| requirements of this chapter and rules adopted under it applicable | 25183 |
| to the management of infectious wastes. | 25184 |
| (c) For purposes of containment, shall place infectious | 25185 |
| wastes | 25186 |
| 25187 | |
| 25188 | |
| 25189 | |
| 25190 | |
| 25191 | |
| 25192 | |
| 25193 | |
| 25194 | |
| 25195 | |
| 25196 | |
| 25197 | |
| with federal standards governing hazardous materials; | 25198 |
| (d) | 25199 |
| generates at a facility owned or operated by the generator by | 25200 |
| methods, techniques, or practices prescribed by rules adopted | 25201 |
| under division (C)(1) of this section to render them | 25202 |
| noninfectious, or designate the wastes for treatment off that | 25203 |
| premises at an infectious waste treatment facility holding a | 25204 |
| license issued under division (B) of section 3734.05 of the | 25205 |
| Revised Code, at an infectious waste treatment facility that is | 25206 |
| located in another state that is in compliance with applicable | 25207 |
| state and federal laws, or at a treatment facility authorized by | 25208 |
| rules adopted under division (C)(6) of this section, prior to | 25209 |
| disposal of the wastes. After being treated to render them | 25210 |
| noninfectious, the wastes shall be disposed of at a solid waste | 25211 |
| disposal facility holding a license issued under division (A) of | 25212 |
| section 3734.05 of the Revised Code or at a disposal facility in | 25213 |
| another state that is in compliance with applicable state and | 25214 |
| federal laws. | 25215 |
| (e) | 25216 |
| division (R)(7) of section 3734.01 of the Revised Code, not | 25217 |
| compact any such wastes until after the wastes have been treated | 25218 |
| in accordance with rules adopted under divisions (C)(1) and (3) of | 25219 |
| this section, and not compact or grind any other type of | 25220 |
| infectious wastes until after the wastes have been treated in | 25221 |
| accordance with rules adopted under division (C)(1) of this | 25222 |
| section; | 25223 |
| (f) May discharge untreated liquid or semiliquid infectious | 25224 |
| wastes consisting of blood, blood products, body fluids, and | 25225 |
| excreta into a disposal system, as defined in section 6111.01 of | 25226 |
| the Revised Code, unless the discharge of those wastes into a | 25227 |
| disposal system is inconsistent with the terms and conditions of | 25228 |
| the permit for the system issued under Chapter 6111. of the | 25229 |
| Revised Code; | 25230 |
| (g) | 25231 |
| under section 3734.022 of the Revised Code to transport off the | 25232 |
| premises where they were generated infectious wastes that have not | 25233 |
| been treated to render them noninfectious; | 25234 |
| (h) | 25235 |
| been treated to render them noninfectious, and those subject to | 25236 |
| rules adopted under division (A)(1)(a) of this section that have | 25237 |
| not also been treated in accordance with rules adopted under | 25238 |
| division (C)(3) of this section, to be transported in shipments | 25239 |
| consisting only of untreated infectious wastes; | 25240 |
| (i) May transport or cause to be transported infectious | 25241 |
| wastes that have been treated to render them noninfectious, and | 25242 |
| those wastes subject to rules adopted under division (A)(1)(a) of | 25243 |
| this section that have also been treated in accordance with rules | 25244 |
| adopted under division (C)(3) of this section, in the same manner | 25245 |
| as solid wastes are transported; | 25246 |
| (j) | 25247 |
| its infectious wastes, the treatment of the wastes to render them | 25248 |
| noninfectious, and the generator's system for distinguishing | 25249 |
| between waste packages that contain treated and untreated wastes | 25250 |
| to persons with whom the generator has entered into a contract or | 25251 |
| agreement to transport, treat, or dispose of the wastes upon | 25252 |
| receiving a written request from those persons; | 25253 |
| (k) | 25254 |
| treated or untreated, that are transported off the premises where | 25255 |
| they are
generated are accompanied by a shipping paper that | 25256 |
| 25257 | |
| 25258 | |
| governing hazardous materials shipping papers. | 25259 |
| (B) | 25260 |
| standards for transporters of infectious
wastes that | 25261 |
| 25262 | |
| 25263 |
| | 25264 |
| | 25265 |
| 25266 | |
| 25267 |
| | 25268 |
| 25269 | |
| 25270 | |
| 25271 | |
| 25272 |
| | 25273 |
| 25274 | |
| 25275 | |
| 25276 | |
| 25277 | |
| 25278 |
| | 25279 |
| 25280 | |
| 25281 | |
| 25282 | |
| 25283 |
| | 25284 |
| 25285 | |
| 25286 |
| | 25287 |
| 25288 | |
| 25289 | |
| 25290 | |
| 25291 | |
| 25292 | |
| 25293 | |
| 25294 | |
| 25295 | |
| 25296 | |
| 25297 | |
| 25298 |
| | 25299 |
| 25300 | |
| equivalent to the standards established in 49 U.S.C. subtitle III, | 25301 |
| chapter 51, and regulations adopted or orders issued under it. | 25302 |
| (C) | 25303 |
| standards for owners and operators of infectious waste treatment | 25304 |
| facilities that include, without limitation, the following | 25305 |
| requirements and authorizations that: | 25306 |
| (1) Treatment of all wastes received be performed in | 25307 |
| accordance with methods, techniques, and practices approved by the | 25308 |
| director; | 25309 |
| (2) Govern the location, design, construction, and operation | 25310 |
| of infectious waste treatment facilities. The rules adopted under | 25311 |
| division (C)(2) of this section shall require that a new | 25312 |
| infectious waste incineration facility be located so that the | 25313 |
| incinerator unit and all areas where infectious wastes are handled | 25314 |
| on the premises where the facility is proposed to be located are | 25315 |
| at least three hundred feet inside the property line of the tract | 25316 |
| of land on which the facility is proposed to be located and are at | 25317 |
| least one thousand feet from any domicile, school, prison, or jail | 25318 |
| that is in existence on the date on which the application for the | 25319 |
| permit to establish the incinerator is submitted under division | 25320 |
| (B)(2)(b) of section 3734.05 of the Revised Code. | 25321 |
| (3) Establish methods, techniques, and practices for | 25322 |
| treatment of wastes subject to rules adopted under division | 25323 |
| (A)(1)(a) of this section that may be used to substantially reduce | 25324 |
| or eliminate the potential of those wastes to cause lacerations or | 25325 |
| puncture wounds during handling, transportation, and disposal; | 25326 |
| (4) Establish quality control and testing procedures to | 25327 |
| ensure compliance with the rules adopted under divisions (C)(2) | 25328 |
| and (3) of this section; | 25329 |
| (5) Owners and operators of such facilities comply with the | 25330 |
| shipping paper system established by rules adopted under division | 25331 |
| (D) of this section; | 25332 |
| (6) Infectious wastes may be treated at a facility that holds | 25333 |
| a license or renewal of a license to operate a crematory facility | 25334 |
| issued under Chapter 4717., and a permit issued under Chapter | 25335 |
| 3704., of the Revised Code to the extent that the treatment of | 25336 |
| those wastes is consistent with that permit and its terms and | 25337 |
| conditions. The rules adopted under divisions (C)(2) and (4) of | 25338 |
| this section do not apply to a facility holding such a license and | 25339 |
| permit. | 25340 |
| In adopting the rules required by divisions (C)(1) to (4) of | 25341 |
| this section, the director shall consider and, to the maximum | 25342 |
| feasible extent, utilize existing standards and guidelines | 25343 |
| established by professional and governmental organizations having | 25344 |
| expertise in the fields of infection control and infectious wastes | 25345 |
| management. | 25346 |
| (D) | 25347 |
| standards for a system of shipping papers to accompany shipments | 25348 |
| of infectious wastes that are transported off the premises where | 25349 |
| they are generated | 25350 |
| | 25351 |
| 25352 | |
| 25353 |
| | 25354 |
| 25355 |
| | 25356 |
| 25357 |
| | 25358 |
| 25359 | |
| 25360 | |
| 25361 |
| | 25362 |
| 25363 | |
| 25364 | |
| 25365 | |
| 25366 | |
| 25367 | |
| 25368 | |
| 25369 | |
| 25370 | |
| 25371 | |
| 25372 | |
| 25373 | |
| 25374 | |
| 25375 | |
| 25376 |
| | 25377 |
| 25378 | |
| 25379 | |
| 25380 |
| | 25381 |
| 25382 | |
| 25383 |
| | 25384 |
| 25385 |
| | 25386 |
| 25387 | |
| 25388 | |
| 25389 | |
| 25390 | |
| 25391 | |
| 25392 | |
| 25393 | |
| 25394 | |
| 25395 | |
| 25396 | |
| established in 49 U.S.C. subtitle III, chapter 51, and regulations | 25397 |
| adopted or orders issued under it. | 25398 |
| (E) This section and rules adopted under it do not apply to | 25399 |
| the treatment or disposal of wastes consisting of dead animals or | 25400 |
| parts thereof | 25401 |
| circumstances: | 25402 |
| (1) By the owner of the animal after slaughter by the owner | 25403 |
| on the owner's premises to obtain meat for consumption by the | 25404 |
| owner and the members of the owner's household; | 25405 |
| (2) In accordance with Chapter 941. of the Revised Code;
| 25406 |
| (3) By persons who are subject to any of the following: | 25407 |
| (a) Inspection under the "Federal Meat Inspection Act," 81 | 25408 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 25409 |
| (b) Chapter 918. of the Revised Code; | 25410 |
| (c) Chapter 953. of the Revised Code. | 25411 |
| (F) As used in this section and section 3734.022 of the | 25412 |
| Revised Code, "generator" means a person who produces infectious | 25413 |
| wastes. | 25414 |
| (G) Rules adopted under this section shall not concern or | 25415 |
| relate to personnel policies, salaries, wages, fringe benefits, or | 25416 |
| other conditions of employment of employees of persons owning or | 25417 |
| operating infectious waste treatment facilities. | 25418 |
| (H) The director shall not issue any variance from the rules | 25419 |
| adopted under this section. | 25420 |
| Sec. 3734.022. (A) No person shall transport infectious | 25421 |
| wastes that have not been treated to render them noninfectious, | 25422 |
| other than those disposed of with residential solid waste from a | 25423 |
| single-family residential premises or single-family dwelling unit | 25424 |
| and those subject to rules adopted under division (A)(1)(c) of | 25425 |
| section 3734.021 of the Revised Code, unless the business entity | 25426 |
| that employs the person first registers with and obtains a | 25427 |
| registration certificate from the director of environmental | 25428 |
| protection or, in the instance of infectious wastes consisting of | 25429 |
| dead animals or parts thereof subject to Chapter 953. of the | 25430 |
| Revised Code, unless the business entity that employs the person | 25431 |
| holds a valid license issued under that chapter. No more than one | 25432 |
| registration certificate shall be required of any single business | 25433 |
| entity. An applicant shall file an application with the director | 25434 |
| containing such information in such form as the director | 25435 |
| prescribes. Each application for a registration certificate shall | 25436 |
| be accompanied by a registration fee equal to the product of three | 25437 |
| hundred dollars times the number of motor vehicles the transporter | 25438 |
| uses to transport untreated infectious wastes in shipments that | 25439 |
| originate or terminate in the state. However, a generator of | 25440 |
| infectious wastes holding a valid registration certificate as a | 25441 |
| generator of those wastes issued under rules adopted under | 25442 |
|
division (A) | 25443 |
| transports only infectious wastes generated at premises owned or | 25444 |
| operated by the generator is exempt from payment of the fee for | 25445 |
| registration as a transporter. | 25446 |
| Except as otherwise provided in rules adopted under this | 25447 |
| division, a registered transporter shall obtain an amended | 25448 |
| registration certificate from the director whenever the | 25449 |
| composition of the fleet of motor vehicles used by the transporter | 25450 |
| to transport infectious wastes changes. If the number of motor | 25451 |
| vehicles in the fleet decreases, the director shall not refund to | 25452 |
| the transporter any portion of a registration or renewal fee | 25453 |
| applicable to a motor vehicle transferred or otherwise removed | 25454 |
| from use for transporting such wastes. If the number of motor | 25455 |
| vehicles in the transporter's fleet increases, the application for | 25456 |
| the amended registration certificate shall be accompanied by a fee | 25457 |
| of three hundred dollars for each motor vehicle that is in excess | 25458 |
| of the number of motor vehicles set forth in the existing | 25459 |
| certificate. If the director has established a system of staggered | 25460 |
| renewal dates for the registration certificates, the fee | 25461 |
| applicable to each additional motor vehicle under an amended | 25462 |
| certificate shall be prorated according to the time remaining in | 25463 |
| the registration cycle, to the nearest year. | 25464 |
| A registration certificate issued under this section is valid | 25465 |
| for three years from the date of issuance and may be renewed for a | 25466 |
| term of three years by submission of a renewal application on a | 25467 |
| form prescribed by the director and payment of a renewal fee | 25468 |
| calculated in the same manner as the fee for a registration | 25469 |
| certificate. The registration and renewal fees shall be credited | 25470 |
| to the infectious wastes management fund created in section | 25471 |
| 3734.021 of the Revised Code. | 25472 |
| The director, by rules adopted in accordance with Chapter | 25473 |
| 119. of the Revised Code, may establish a system of staggered | 25474 |
| renewal dates with approximately one-third of the certificates | 25475 |
| subject to renewal each year. The applicable renewal date shall be | 25476 |
| prescribed on each registration certificate. Registration fees | 25477 |
| shall be prorated according to the time remaining in the | 25478 |
| registration cycle to the nearest year. | 25479 |
| The director, by rules adopted in accordance with Chapter | 25480 |
| 119. of the Revised Code, shall establish a system of emergency | 25481 |
| registration of temporary vehicles for use by a business entity | 25482 |
| holding a valid registration certificate issued under this | 25483 |
| section, in order to prevent the creation of a nuisance or hazard | 25484 |
| to the public health or safety or the environment. | 25485 |
| (B) | 25486 |
| chapter 51, and regulations adopted or orders issued under it, a | 25487 |
| registered transporter is liable for the safe delivery of any | 25488 |
| infectious wastes from the time | 25489 |
| obtains the wastes until | 25490 |
| them to an infectious waste treatment facility holding a license | 25491 |
| issued under division (B) of section 3734.05 of the Revised Code, | 25492 |
| to an infectious waste treatment facility that is located in | 25493 |
| another state and is in compliance with applicable state and | 25494 |
| federal laws, to a treatment facility authorized by rules adopted | 25495 |
| under division (C)(6) of section 3734.021 of the Revised Code, to | 25496 |
| an infectious waste treatment facility owned or operated by the | 25497 |
| generator of the waste, or, in the instance of wastes that have | 25498 |
| been treated to render them noninfectious, to a solid waste | 25499 |
| disposal facility holding a license issued under division (A) of | 25500 |
| section 3734.05 of the Revised Code or to a disposal facility that | 25501 |
| is located in another state and is in compliance with applicable | 25502 |
| state and federal
laws. | 25503 |
| 25504 | |
| 25505 | |
| 25506 | |
| 25507 | |
| 25508 |
| If the director has reason to believe that a person who is | 25509 |
| registered under this section or is employed by a business entity | 25510 |
| registered under this section has violated this chapter or any | 25511 |
| rule adopted under it while transporting infectious wastes, the | 25512 |
| director may issue an order in accordance with Chapter 119. of the | 25513 |
| Revised Code suspending, revoking, or denying the transporter's | 25514 |
| registration certificate or the registration certificate of the | 25515 |
| business entity employing | 25516 |
| transporter whose registration certificate has been suspended, | 25517 |
| revoked, or denied shall immediately notify each
of | 25518 |
| transporter's customers by certified mail of that fact. | 25519 |
| (C)(1) No person who generates infectious wastes that have | 25520 |
| not been treated to render them noninfectious shall cause any such | 25521 |
| wastes, other than those subject to rules adopted under division | 25522 |
| (A)(1)(c) of section 3734.021 or Chapter 953. of the Revised Code, | 25523 |
| to be transported by any person who is not registered as a | 25524 |
| transporter under this section. | 25525 |
| (2) No person who generates infectious wastes subject to | 25526 |
| Chapter 953. of the Revised Code shall cause those wastes to be | 25527 |
| transported by any person who is neither licensed under that | 25528 |
| chapter nor registered as a transporter under this section. | 25529 |
| (D) A generator | 25530 |
| this section and section 3734.021 of the Revised Code and with | 25531 |
| rules adopted under those sections is not liable under statute or | 25532 |
| common law for the actions or inactions of any transporter or | 25533 |
| treatment facility with respect to those wastes and is not liable | 25534 |
| for violations of any provision of this chapter or rules adopted | 25535 |
| under it governing the transportation, treatment, or disposal of | 25536 |
| infectious wastes. | 25537 |
| (E) As used in this section, "motor vehicle" means any | 25538 |
| automobile, automobile truck, tractor, or self-propelled vehicle | 25539 |
| not operated or driven on fixed rails or track. | 25540 |
| Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4), | 25541 |
| (8), and (9) of this section, no person shall operate or maintain | 25542 |
| a solid waste facility without a license issued under this | 25543 |
| division by the board of health of the health district in which | 25544 |
| the facility is located or by the director of environmental | 25545 |
| protection when the health district in which the facility is | 25546 |
| located is not on the approved list under section 3734.08 of the | 25547 |
| Revised Code. | 25548 |
| During the month of December, but before the first day of | 25549 |
| January of the next year, every person proposing to continue to | 25550 |
| operate an existing solid waste facility shall procure a license | 25551 |
| under this division to operate the facility for that year from the | 25552 |
| board of health of the health district in which the facility is | 25553 |
| located or, if the health district is not on the approved list | 25554 |
| under section 3734.08 of the Revised Code, from the director. The | 25555 |
| application for such a license shall be submitted to the board of | 25556 |
| health or to the director, as appropriate, on or before the last | 25557 |
| day of September of the year preceding that for which the license | 25558 |
| is sought. In addition to the application fee prescribed in | 25559 |
| division (A)(2) of this section, a person who submits an | 25560 |
| application after that date shall pay an additional ten per cent | 25561 |
| of the amount of the application fee for each week that the | 25562 |
| application is late. Late payment fees accompanying an application | 25563 |
| submitted to the board of health shall be credited to the special | 25564 |
| fund of the health district created in division (B) of section | 25565 |
| 3734.06 of the Revised Code, and late payment fees accompanying an | 25566 |
| application submitted to the director shall be credited to the | 25567 |
| general revenue fund. A person who has received a license, upon | 25568 |
| sale or disposition of a solid waste facility, and upon consent of | 25569 |
| the board of health and the director, may have the license | 25570 |
| transferred to another person. The board of health or the director | 25571 |
| may include such terms and conditions in a license or revision to | 25572 |
| a license as are appropriate to ensure compliance with this | 25573 |
| chapter and rules adopted under it. The terms and conditions may | 25574 |
| establish the authorized maximum daily waste receipts for the | 25575 |
| facility. Limitations on maximum daily waste receipts shall be | 25576 |
| specified in cubic yards of volume for the purpose of regulating | 25577 |
| the design, construction, and operation of solid waste facilities. | 25578 |
| Terms and conditions included in a license or revision to a | 25579 |
| license by a board of health shall be consistent with, and pertain | 25580 |
| only to the subjects addressed in, the rules adopted under | 25581 |
| division (A) of section 3734.02 and division (D) of section | 25582 |
| 3734.12 of the Revised Code. | 25583 |
| (2)(a) Except as provided in divisions (A)(2)(b), (8), and | 25584 |
| (9) of this section, each person proposing to open a new solid | 25585 |
| waste facility or to modify an existing solid waste facility shall | 25586 |
| submit an application for a permit with accompanying detail plans | 25587 |
| and specifications to the environmental protection agency for | 25588 |
| required approval under the rules adopted by the director pursuant | 25589 |
| to division (A) of section 3734.02 of the Revised Code and | 25590 |
| applicable rules adopted under division (D) of section 3734.12 of | 25591 |
| the Revised Code at least two hundred seventy days before proposed | 25592 |
| operation of the facility and shall concurrently make application | 25593 |
| for the issuance of a license under division (A)(1) of this | 25594 |
| section with the board of health of the health district in which | 25595 |
| the proposed facility is to be located. | 25596 |
| (b) On and after the effective date of the rules adopted | 25597 |
| under division (A) of section 3734.02 of the Revised Code and | 25598 |
| division (D) of section 3734.12 of the Revised Code governing | 25599 |
| solid waste transfer facilities, each person proposing to open a | 25600 |
| new solid waste transfer facility or to modify an existing solid | 25601 |
| waste transfer facility shall submit an application for a permit | 25602 |
| with accompanying engineering detail plans, specifications, and | 25603 |
| information regarding the facility and its method of operation to | 25604 |
| the environmental protection agency for required approval under | 25605 |
| those rules at least two hundred seventy days before commencing | 25606 |
| proposed operation of the facility and concurrently shall make | 25607 |
| application for the issuance of a license under division (A)(1) of | 25608 |
| this section with the board of health of the health district in | 25609 |
| which the facility is located or proposed. | 25610 |
| (c) Each application for a permit under division (A)(2)(a) or | 25611 |
| (b) of this section shall be accompanied by a nonrefundable | 25612 |
| application fee of four hundred dollars that shall be credited to | 25613 |
| the general revenue fund. Each application for an annual license | 25614 |
| under division (A)(1) or (2) of this section shall be accompanied | 25615 |
| by a nonrefundable application fee of one hundred dollars. If the | 25616 |
| application for an annual license is submitted to a board of | 25617 |
| health on the approved list under section 3734.08 of the Revised | 25618 |
| Code, the application fee shall be credited to the special fund of | 25619 |
| the health district created in division (B) of section 3734.06 of | 25620 |
| the Revised Code. If the application for an annual license is | 25621 |
| submitted to the director, the application fee shall be credited | 25622 |
| to the general revenue fund. If a permit or license is issued, the | 25623 |
| amount of the application fee paid shall be deducted from the | 25624 |
| amount of the permit fee due under division (Q) of section 3745.11 | 25625 |
| of the Revised Code or the amount of the license fee due under | 25626 |
| division (A)(1), (2), (3), or (4) of section 3734.06 of the | 25627 |
| Revised Code. | 25628 |
| (d) As used in divisions (A)(2)(d), (e), and (f) of this | 25629 |
| section, "modify" means any of the following: | 25630 |
| (i) Any increase of more than ten per cent in the total | 25631 |
| capacity of a solid waste facility; | 25632 |
| (ii) Any expansion of the limits of solid waste placement at | 25633 |
| a solid waste facility; | 25634 |
| (iii) Any increase in the depth of excavation at a solid | 25635 |
| waste facility; | 25636 |
| (iv) Any change in the technique of waste receipt or type of | 25637 |
| waste received at a solid waste facility that may endanger human | 25638 |
| health, as determined by the director by rules adopted in | 25639 |
| accordance with Chapter 119. of the Revised Code. | 25640 |
| Not later than thirty-five days after submitting an | 25641 |
| application under division (A)(2)(a) or (b) of this section for a | 25642 |
| permit to open a new or modify an existing solid waste facility, | 25643 |
| the applicant, in conjunction with an officer or employee of the | 25644 |
| environmental protection agency, shall hold a public meeting on | 25645 |
| the application within the county in which the new or modified | 25646 |
| solid waste facility is or is proposed to be located or within a | 25647 |
| contiguous county. Not less than thirty days before holding the | 25648 |
| public meeting on the application, the applicant shall publish | 25649 |
| notice of the meeting in each newspaper of general circulation | 25650 |
| that is published in the county in which the facility is or is | 25651 |
| proposed to be located. If no newspaper of general circulation is | 25652 |
| published in the county, the applicant shall publish the notice in | 25653 |
| a newspaper of general circulation in the county. The notice shall | 25654 |
| contain the date, time, and location of the public meeting and a | 25655 |
| general description of the proposed new or modified facility. Not | 25656 |
| later than five days after publishing the notice, the applicant | 25657 |
| shall send by certified mail a copy of the notice and the date the | 25658 |
| notice was published to the director and the legislative authority | 25659 |
| of each municipal corporation, township, and county, and to the | 25660 |
| chief executive officer of each municipal corporation, in which | 25661 |
| the facility is or is proposed to be located. At the public | 25662 |
| meeting, the applicant shall provide information and describe the | 25663 |
| application and respond to comments or questions concerning the | 25664 |
| application, and the officer or employee of the agency shall | 25665 |
| describe the permit application process. At the public meeting, | 25666 |
| any person may submit written or oral comments on or objections to | 25667 |
| the application. Not more than thirty days after the public | 25668 |
| meeting, the applicant shall provide the director with a copy of a | 25669 |
| transcript of the full meeting, copies of any exhibits, displays, | 25670 |
| or other materials presented by the applicant at the meeting, and | 25671 |
| the original copy of any written comments submitted at the | 25672 |
| meeting. | 25673 |
| (e) Except as provided in division (A)(2)(f) of this section, | 25674 |
| prior to taking an action, other than a proposed or final denial, | 25675 |
| upon an application submitted under division (A)(2)(a) of this | 25676 |
| section for a permit to open a new or modify an existing solid | 25677 |
| waste facility, the director shall hold a public information | 25678 |
| session and a public hearing on the application within the county | 25679 |
| in which the new or modified solid waste facility is or is | 25680 |
| proposed to be located or within a contiguous county. If the | 25681 |
| application is for a permit to open a new solid waste facility, | 25682 |
| the director shall hold the hearing not less than fourteen days | 25683 |
| after the information session. If the application is for a permit | 25684 |
| to modify an existing solid waste facility, the director may hold | 25685 |
| both the information session and the hearing on the same day | 25686 |
| unless any individual affected by the application requests in | 25687 |
| writing that the information session and the hearing not be held | 25688 |
| on the same day, in which case the director shall hold the hearing | 25689 |
| not less than fourteen days after the information session. The | 25690 |
| director shall publish notice of the public information session or | 25691 |
| public hearing not less than thirty days before holding the | 25692 |
| information session or hearing, as applicable. The notice shall be | 25693 |
| published in each newspaper of general circulation that is | 25694 |
| published in the county in which the facility is or is proposed to | 25695 |
| be located. If no newspaper of general circulation is published in | 25696 |
| the county, the director shall publish the notice in a newspaper | 25697 |
| of general circulation in the county. The notice shall contain the | 25698 |
| date, time, and location of the information session or hearing, as | 25699 |
| applicable, and a general description of the proposed new or | 25700 |
| modified facility. At the public information session, an officer | 25701 |
| or employee of the environmental protection agency shall describe | 25702 |
| the status of the permit application and be available to respond | 25703 |
| to comments or questions concerning the application. At the public | 25704 |
| hearing, any person may submit written or oral comments on or | 25705 |
| objections to the approval of the application. The applicant, or a | 25706 |
| representative of the applicant who has knowledge of the location, | 25707 |
| construction, and operation of the facility, shall attend the | 25708 |
| information session and public hearing to respond to comments or | 25709 |
| questions concerning the facility directed to the applicant or | 25710 |
| representative by the officer or employee of the environmental | 25711 |
| protection agency presiding at the information session and | 25712 |
| hearing. | 25713 |
| (f) The solid waste management policy committee of a county | 25714 |
| or joint solid waste management district may adopt a resolution | 25715 |
| requesting expeditious consideration of a specific application | 25716 |
| submitted under division (A)(2)(a) of this section for a permit to | 25717 |
| modify an existing solid waste facility within the district. The | 25718 |
| resolution shall make the finding that expedited consideration of | 25719 |
| the application without the public information session and public | 25720 |
| hearing under division (A)(2)(e) of this section is in the public | 25721 |
| interest and will not endanger human health, as determined by the | 25722 |
| director by rules adopted in accordance with Chapter 119. of the | 25723 |
| Revised Code. Upon receiving such a resolution, the director, at | 25724 |
| the director's discretion, may issue a final action upon the | 25725 |
| application without holding a public information session or public | 25726 |
| hearing pursuant to division (A)(2)(e) of this section. | 25727 |
| (3) Except as provided in division (A)(10) of this section, | 25728 |
| and unless the owner or operator of any solid waste facility, | 25729 |
| other than a solid waste transfer facility or a compost facility | 25730 |
| that accepts exclusively source separated yard wastes, that | 25731 |
| commenced operation on or before July 1, 1968, has obtained an | 25732 |
| exemption from the requirements of division (A)(3) of this section | 25733 |
| in accordance with division (G) of section 3734.02 of the Revised | 25734 |
| Code, the owner or operator shall submit to the director an | 25735 |
| application for a permit with accompanying engineering detail | 25736 |
| plans, specifications, and information regarding the facility and | 25737 |
| its method of operation for approval under rules adopted under | 25738 |
| division (A) of section 3734.02 of the Revised Code and applicable | 25739 |
| rules adopted under division (D) of section 3734.12 of the Revised | 25740 |
| Code in accordance with the following schedule: | 25741 |
| (a) Not later than September 24, 1988, if the facility is | 25742 |
| located in the city of Garfield Heights or Parma in Cuyahoga | 25743 |
| county; | 25744 |
| (b) Not later than December 24, 1988, if the facility is | 25745 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 25746 |
| Mahoning, Ottawa, or Vinton county; | 25747 |
| (c) Not later than March 24, 1989, if the facility is located | 25748 |
| in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or | 25749 |
| Washington county, or is located in the city of Brooklyn or | 25750 |
| Cuyahoga Heights in Cuyahoga county; | 25751 |
| (d) Not later than June 24, 1989, if the facility is located | 25752 |
| in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or | 25753 |
| Summit county or is located in Cuyahoga county outside the cities | 25754 |
| of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights; | 25755 |
| (e) Not later than September 24, 1989, if the facility is | 25756 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 25757 |
| county; | 25758 |
| (f) Not later than December 24, 1989, if the facility is | 25759 |
| located in a county not listed in divisions (A)(3)(a) to (e) of | 25760 |
| this section; | 25761 |
| (g) Notwithstanding divisions (A)(3)(a) to (f) of this | 25762 |
| section, not later than December 31, 1990, if the facility is a | 25763 |
| solid waste facility owned by a generator of solid wastes when the | 25764 |
| solid waste facility exclusively disposes of solid wastes | 25765 |
| generated at one or more premises owned by the generator | 25766 |
| regardless of whether the facility is located on a premises where | 25767 |
| the wastes are generated and if the facility disposes of more than | 25768 |
| one hundred thousand tons of solid wastes per year, provided that | 25769 |
| any such facility shall be subject to division (A)(5) of this | 25770 |
| section. | 25771 |
| (4) Except as provided in divisions (A)(8), (9), and (10) of | 25772 |
| this section, unless the owner or operator of any solid waste | 25773 |
| facility for which a permit was issued after July 1, 1968, but | 25774 |
| before January 1, 1980, has obtained an exemption from the | 25775 |
| requirements of division (A)(4) of this section under division (G) | 25776 |
| of section 3734.02 of the Revised Code, the owner or operator | 25777 |
| shall submit to the director an application for a permit with | 25778 |
| accompanying engineering detail plans, specifications, and | 25779 |
| information regarding the facility and its method of operation for | 25780 |
| approval under those rules. | 25781 |
| (5) The director may issue an order in accordance with | 25782 |
| Chapter 3745. of the Revised Code to the owner or operator of a | 25783 |
| solid waste facility requiring the person to submit to the | 25784 |
| director updated engineering detail plans, specifications, and | 25785 |
| information regarding the facility and its method of operation for | 25786 |
| approval under rules adopted under division (A) of section 3734.02 | 25787 |
| of the Revised Code and applicable rules adopted under division | 25788 |
| (D) of section 3734.12 of the Revised Code if, in the director's | 25789 |
| judgment, conditions at the facility constitute a substantial | 25790 |
| threat to public health or safety or are causing or contributing | 25791 |
| to or threatening to cause or contribute to air or water pollution | 25792 |
| or soil contamination. Any person who receives such an order shall | 25793 |
| submit the updated engineering detail plans, specifications, and | 25794 |
| information to the director within one hundred eighty days after | 25795 |
| the effective date of the order. | 25796 |
| (6) The director shall act upon an application submitted | 25797 |
| under division (A)(3) or (4) of this section and any updated | 25798 |
| engineering plans, specifications, and information submitted under | 25799 |
| division (A)(5) of this section within one hundred eighty days | 25800 |
| after receiving them. If the director denies any such permit | 25801 |
| application, the order denying the application or disapproving the | 25802 |
| plans shall include the requirements that the owner or operator | 25803 |
| submit a plan for closure and post-closure care of the facility to | 25804 |
| the director for approval within six months after issuance of the | 25805 |
| order, cease accepting solid wastes for disposal or transfer at | 25806 |
| the facility, and commence closure of the facility not later than | 25807 |
| one year after issuance of the order. If the director determines | 25808 |
| that closure of the facility within that one-year period would | 25809 |
| result in the unavailability of sufficient solid waste management | 25810 |
| facility capacity within the county or joint solid waste | 25811 |
| management district in which the facility is located to dispose of | 25812 |
| or transfer the solid waste generated within the district, the | 25813 |
| director in the order of denial or disapproval may postpone | 25814 |
| commencement of closure of the facility for such period of time as | 25815 |
| the director finds necessary for the board of county commissioners | 25816 |
| or directors of the district to secure access to or for there to | 25817 |
| be constructed within the district sufficient solid waste | 25818 |
| management facility capacity to meet the needs of the district, | 25819 |
| provided that the director shall certify in the director's order | 25820 |
| that postponing the date for commencement of closure will not | 25821 |
| endanger ground water or any property surrounding the facility, | 25822 |
| allow methane gas migration to occur, or cause or contribute to | 25823 |
| any other type of environmental damage. | 25824 |
| If an emergency need for disposal capacity that may affect | 25825 |
| public health and safety exists as a result of closure of a | 25826 |
| facility under division (A)(6) of this section, the director may | 25827 |
| issue an order designating another solid waste facility to accept | 25828 |
| the wastes that would have been disposed of at the facility to be | 25829 |
| closed. | 25830 |
| (7) If the director determines that standards more stringent | 25831 |
| than those applicable in rules adopted under division (A) of | 25832 |
| section 3734.02 of the Revised Code and division (D) of section | 25833 |
| 3734.12 of the Revised Code, or standards pertaining to subjects | 25834 |
| not specifically addressed by those rules, are necessary to ensure | 25835 |
| that a solid waste facility constructed at the proposed location | 25836 |
| will not cause a nuisance, cause or contribute to water pollution, | 25837 |
| or endanger public health or safety, the director may issue a | 25838 |
| permit for the facility with such terms and conditions as the | 25839 |
| director finds necessary to protect public health and safety and | 25840 |
| the environment. If a permit is issued, the director shall state | 25841 |
| in the order issuing it the specific findings supporting each such | 25842 |
| term or condition. | 25843 |
| (8) Divisions (A)(1), (2)(a), (3), and (4) of this section do | 25844 |
| not apply to a solid waste compost facility that accepts | 25845 |
| exclusively source separated yard wastes and that is registered | 25846 |
| under division (C) of section 3734.02 of the Revised Code or, | 25847 |
| unless otherwise provided in rules adopted under division (N)(3) | 25848 |
| of section 3734.02 of the Revised Code, to a solid waste compost | 25849 |
| facility if the director has adopted rules establishing an | 25850 |
| alternative system for authorizing the establishment, operation, | 25851 |
| or modification of a solid waste compost facility under that | 25852 |
| division. | 25853 |
| (9) Divisions (A)(1) to (7) of this section do not apply to | 25854 |
| scrap tire collection, storage, monocell, monofill, and recovery | 25855 |
| facilities. The approval of plans and specifications, as | 25856 |
| applicable, and the issuance of registration certificates, | 25857 |
| permits, and licenses for those facilities are subject to sections | 25858 |
| 3734.75 to 3734.78 of the Revised Code, as applicable, and section | 25859 |
| 3734.81 of the Revised Code. | 25860 |
| (10) Divisions (A)(3) and (4) of this section do not apply to | 25861 |
| a solid waste incinerator that was placed into operation on or | 25862 |
| before October 12, 1994, and that is not authorized to accept and | 25863 |
| treat infectious wastes pursuant to division (B) of this section. | 25864 |
| (B)(1) Each person who is engaged in the business of treating | 25865 |
| infectious wastes for profit at a treatment facility located off | 25866 |
| the premises where the wastes are generated that is in operation | 25867 |
| on August 10, 1988, and who proposes to continue operating the | 25868 |
| facility shall submit to the board of health of the health | 25869 |
| district in which the facility is located an application for a | 25870 |
| license to operate the facility. | 25871 |
| Thereafter, no person shall operate or maintain an infectious | 25872 |
| waste treatment facility without a license issued by the board of | 25873 |
| health of the health district in which the facility is located or | 25874 |
| by the director when the health district in which the facility is | 25875 |
| located is not on the approved list under section 3734.08 of the | 25876 |
| Revised Code. | 25877 |
| (2)(a) During the month of December, but before the first day | 25878 |
| of January of the next year, every person proposing to continue to | 25879 |
| operate an existing infectious waste treatment facility shall | 25880 |
| procure a license to operate the facility for that year from the | 25881 |
| board of health of the health district in which the facility is | 25882 |
| located or, if the health district is not on the approved list | 25883 |
| under section 3734.08 of the Revised Code, from the director. The | 25884 |
| application for such a license shall be submitted to the board of | 25885 |
| health or to the director, as appropriate, on or before the last | 25886 |
| day of September of the year preceding that for which the license | 25887 |
| is sought. In addition to the application fee prescribed in | 25888 |
| division (B)(2)(c) of this section, a person who submits an | 25889 |
| application after that date shall pay an additional ten per cent | 25890 |
| of the amount of the application fee for each week that the | 25891 |
| application is late. Late payment fees accompanying an application | 25892 |
| submitted to the board of health shall be credited to the special | 25893 |
| infectious waste fund of the health district created in division | 25894 |
| (C) of section 3734.06 of the Revised Code, and late payment fees | 25895 |
| accompanying an application submitted to the director shall be | 25896 |
| credited to the general revenue fund. A person who has received a | 25897 |
| license, upon sale or disposition of an infectious waste treatment | 25898 |
| facility and upon consent of the board of health and the director, | 25899 |
| may have the license transferred to another person. The board of | 25900 |
| health or the director may include such terms and conditions in a | 25901 |
| license or revision to a license as are appropriate to ensure | 25902 |
| compliance with the infectious waste provisions of this chapter | 25903 |
| and rules adopted under them. | 25904 |
| (b) Each person proposing to open a new infectious waste | 25905 |
| treatment facility or to modify an existing infectious waste | 25906 |
| treatment facility shall submit an application for a permit with | 25907 |
| accompanying detail plans and specifications to the environmental | 25908 |
| protection agency for required approval under the rules adopted by | 25909 |
| the director pursuant to section 3734.021 of the Revised Code two | 25910 |
| hundred seventy days before proposed operation of the facility and | 25911 |
| concurrently shall make application for a license with the board | 25912 |
| of health of the health district in which the facility is or is | 25913 |
| proposed to be located. Not later than ninety days after receiving | 25914 |
| a completed application under division (B)(2)(b) of this section | 25915 |
| for a permit to open a new infectious waste treatment facility or | 25916 |
| modify an existing infectious waste treatment facility to expand | 25917 |
| its treatment capacity, or receiving a completed application under | 25918 |
| division (A)(2)(a) of this section for a permit to open a new | 25919 |
| solid waste incineration facility, or modify an existing solid | 25920 |
| waste incineration facility to also treat infectious wastes or to | 25921 |
| increase its infectious waste treatment capacity, that pertains to | 25922 |
| a facility for which a notation authorizing infectious waste | 25923 |
| treatment is included or proposed to be included in the solid | 25924 |
| waste incineration facility's license pursuant to division (B)(3) | 25925 |
| of this section, the director shall hold a public hearing on the | 25926 |
| application within the county in which the new or modified | 25927 |
| infectious waste or solid waste facility is or is proposed to be | 25928 |
| located or within a contiguous county. Not less than thirty days | 25929 |
| before holding the public hearing on the application, the director | 25930 |
| shall publish notice of the hearing in each newspaper that has | 25931 |
| general circulation and that is published in the county in which | 25932 |
| the facility is or is proposed to be located. If there is no | 25933 |
| newspaper that has general circulation and that is published in | 25934 |
| the county, the director shall publish the notice in a newspaper | 25935 |
| of general circulation in the county. The notice shall contain the | 25936 |
| date, time, and location of the public hearing and a general | 25937 |
| description of the proposed new or modified facility. At the | 25938 |
| public hearing, any person may submit written or oral comments on | 25939 |
| or objections to the approval or disapproval of the application. | 25940 |
| The applicant, or a representative of the applicant who has | 25941 |
| knowledge of the location, construction, and operation of the | 25942 |
| facility, shall attend the public hearing to respond to comments | 25943 |
| or questions concerning the facility directed to the applicant or | 25944 |
| representative by the officer or employee of the environmental | 25945 |
| protection agency presiding at the hearing. | 25946 |
| (c) Each application for a permit under division (B)(2)(b) of | 25947 |
| this section shall be accompanied by a nonrefundable application | 25948 |
| fee of four hundred dollars that shall be credited to the general | 25949 |
| revenue fund. Each application for an annual license under | 25950 |
| division (B)(2)(a) of this section shall be accompanied by a | 25951 |
| nonrefundable application fee of one hundred dollars. If the | 25952 |
| application for an annual license is submitted to a board of | 25953 |
| health on the approved list under section 3734.08 of the Revised | 25954 |
| Code, the application fee shall be credited to the special | 25955 |
| infectious waste fund of the health district created in division | 25956 |
| (C) of section 3734.06 of the Revised Code. If the application for | 25957 |
| an annual license is submitted to the director, the application | 25958 |
| fee shall be credited to the general revenue fund. If a permit or | 25959 |
| license is issued, the amount of the application fee paid shall be | 25960 |
| deducted from the amount of the permit fee due under division (Q) | 25961 |
| of section 3745.11 of the Revised Code or the amount of the | 25962 |
| license fee due under division (C) of section 3734.06 of the | 25963 |
| Revised Code. | 25964 |
| (d) The owner or operator of any infectious waste treatment | 25965 |
| facility that commenced operation on or before July 1, 1968, shall | 25966 |
| submit to the director an application for a permit with | 25967 |
| accompanying engineering detail plans, specifications, and | 25968 |
| information regarding the facility and its method of operation for | 25969 |
| approval under rules adopted under section 3734.021 of the Revised | 25970 |
| Code in accordance with the following schedule: | 25971 |
| (i) Not later than December 24, 1988, if the facility is | 25972 |
| located in Delaware, Greene, Guernsey, Hamilton, Madison, | 25973 |
| Mahoning, Ottawa, or Vinton county; | 25974 |
| (ii) Not later than March 24, 1989, if the facility is | 25975 |
| located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, | 25976 |
| or Washington county, or is located in the city of Brooklyn, | 25977 |
| Cuyahoga Heights, or Parma in Cuyahoga county; | 25978 |
| (iii) Not later than June 24, 1989, if the facility is | 25979 |
| located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, | 25980 |
| Lucas, or Summit county or is located in Cuyahoga county outside | 25981 |
| the cities of Brooklyn, Cuyahoga Heights, and Parma; | 25982 |
| (iv) Not later than September 24, 1989, if the facility is | 25983 |
| located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross | 25984 |
| county; | 25985 |
| (v) Not later than December 24, 1989, if the facility is | 25986 |
| located in a county not listed in divisions (B)(2)(d)(i) to (iv) | 25987 |
| of this section. | 25988 |
| The owner or operator of an infectious waste treatment | 25989 |
| facility required to submit a permit application under division | 25990 |
| (B)(2)(d) of this section is not required to pay any permit | 25991 |
| application fee under division (B)(2)(c) of this section, or | 25992 |
| permit fee under division (Q) of section 3745.11 of the Revised | 25993 |
| Code, with respect thereto unless the owner or operator also | 25994 |
| proposes to modify the facility. | 25995 |
| (e) The director may issue an order in accordance with | 25996 |
| Chapter 3745. of the Revised Code to the owner or operator of an | 25997 |
| infectious waste treatment facility requiring the person to submit | 25998 |
| to the director updated engineering detail plans, specifications, | 25999 |
| and information regarding the facility and its method of operation | 26000 |
| for approval under rules adopted under section 3734.021 of the | 26001 |
| Revised Code if, in the director's judgment, conditions at the | 26002 |
| facility constitute a substantial threat to public health or | 26003 |
| safety or are causing or contributing to or threatening to cause | 26004 |
| or contribute to air or water pollution or soil contamination. Any | 26005 |
| person who receives such an order shall submit the updated | 26006 |
| engineering detail plans, specifications, and information to the | 26007 |
| director within one hundred eighty days after the effective date | 26008 |
| of the order. | 26009 |
| (f) The director shall act upon an application submitted | 26010 |
| under division (B)(2)(d) of this section and any updated | 26011 |
| engineering plans, specifications, and information submitted under | 26012 |
| division (B)(2)(e) of this section within one hundred eighty days | 26013 |
| after receiving them. If the director denies any such permit | 26014 |
| application or disapproves any such updated engineering plans, | 26015 |
| specifications, and information, the director shall include in the | 26016 |
| order denying the application or disapproving the plans the | 26017 |
| requirement that the owner or operator cease accepting infectious | 26018 |
| wastes for treatment at the facility. | 26019 |
| (3) Division (B) of this section does not apply to an | 26020 |
| infectious waste treatment facility that meets any of the | 26021 |
| following conditions: | 26022 |
| (a) Is owned or operated by the generator of the wastes and | 26023 |
| exclusively treats, by methods, techniques, and practices | 26024 |
| established by rules adopted under division (C)(1) or (3) of | 26025 |
| section 3734.021 of the Revised Code, wastes that are generated at | 26026 |
| any premises owned or operated by that generator regardless of | 26027 |
| whether the wastes are generated on the same premises where the | 26028 |
| generator's treatment facility is located or, if the generator is | 26029 |
| a hospital as defined in section 3727.01 of the Revised Code, | 26030 |
|
infectious wastes that are described in division (A) | 26031 |
| 26032 |
| (b) Holds a license or renewal of a license to operate a | 26033 |
| crematory facility issued under Chapter 4717. and a permit issued | 26034 |
| under Chapter 3704. of the Revised Code; | 26035 |
| (c) Treats or disposes of dead animals or parts thereof, or | 26036 |
| the blood of animals, and is subject to any of the following: | 26037 |
| (i) Inspection under the "Federal Meat Inspection Act," 81 | 26038 |
| Stat. 584 (1967), 21 U.S.C.A. 603, as amended; | 26039 |
| (ii) Chapter 918. of the Revised Code; | 26040 |
| (iii) Chapter 953. of the Revised Code. | 26041 |
| Nothing in division (B) of this section requires a facility | 26042 |
| that holds a license issued under division (A) of this section as | 26043 |
| a solid waste facility and that also treats infectious wastes by | 26044 |
| the same method, technique, or process to obtain a license under | 26045 |
| division (B) of this section as an infectious waste treatment | 26046 |
| facility. However, the solid waste facility license for the | 26047 |
| facility shall include the notation that the facility also treats | 26048 |
| infectious wastes. | 26049 |
| On and after the effective date of the amendments to the | 26050 |
| rules adopted under division (C)(2) of section 3734.021 of the | 26051 |
| Revised Code that are required by Section 6 of Substitute House | 26052 |
| Bill No. 98 of the 120th General Assembly, the director shall not | 26053 |
| issue a permit to open a new solid waste incineration facility | 26054 |
| unless the proposed facility complies with the requirements for | 26055 |
| the location of new infectious waste incineration facilities | 26056 |
| established in the required amendments to those rules. | 26057 |
| (C) Except for a facility or activity described in division | 26058 |
| (E)(3) of section 3734.02 of the Revised Code, a person who | 26059 |
| proposes to establish or operate a hazardous waste facility shall | 26060 |
| submit a complete application for a hazardous waste facility | 26061 |
| installation and operation permit and accompanying detail plans, | 26062 |
| specifications, and such information as the director may require | 26063 |
| to the environmental protection agency at least one hundred eighty | 26064 |
| days before the proposed beginning of operation of the facility. | 26065 |
| The applicant shall notify by certified mail the legislative | 26066 |
| authority of each municipal corporation, township, and county in | 26067 |
| which the facility is proposed to be located of the submission of | 26068 |
| the application within ten days after the submission or at such | 26069 |
| earlier time as the director may establish by rule. If the | 26070 |
| application is for a proposed new hazardous waste disposal or | 26071 |
| thermal treatment facility, the applicant also shall give actual | 26072 |
| notice of the general design and purpose of the facility to the | 26073 |
| legislative authority of each municipal corporation, township, and | 26074 |
| county in which the facility is proposed to be located at least | 26075 |
| ninety days before the permit application is submitted to the | 26076 |
| environmental protection agency. | 26077 |
| In accordance with rules adopted under section 3734.12 of the | 26078 |
| Revised Code, prior to the submission of a complete application | 26079 |
| for a hazardous waste facility installation and operation permit, | 26080 |
| the applicant shall hold at least one meeting in the township or | 26081 |
| municipal corporation in which the facility is proposed to be | 26082 |
| located, whichever is geographically closer to the proposed | 26083 |
| location of the facility. The meeting shall be open to the public | 26084 |
| and shall be held to inform the community of the proposed | 26085 |
| hazardous waste management activities and to solicit questions | 26086 |
| from the community concerning the activities. | 26087 |
| (D)(1) Except as provided in section 3734.123 of the Revised | 26088 |
| Code, upon receipt of a complete application for a hazardous waste | 26089 |
| facility installation and operation permit under division (C) of | 26090 |
| this section, the director shall consider the application and | 26091 |
| accompanying information to determine whether the application | 26092 |
| complies with agency rules and the requirements of division (D)(2) | 26093 |
| of this section. After making a determination, the director shall | 26094 |
| issue either a draft permit or a notice of intent to deny the | 26095 |
| permit. The director, in accordance with rules adopted under | 26096 |
| section 3734.12 of the Revised Code or with rules adopted to | 26097 |
| implement Chapter 3745. of the Revised Code, shall provide public | 26098 |
| notice of the application and the draft permit or the notice of | 26099 |
| intent to deny the permit, provide an opportunity for public | 26100 |
| comments, and, if significant interest is shown, schedule a public | 26101 |
| meeting in the county in which the facility is proposed to be | 26102 |
| located and give public notice of the date, time, and location of | 26103 |
| the public meeting in a newspaper of general circulation in that | 26104 |
| county. | 26105 |
| (2) The director shall not approve an application for a | 26106 |
| hazardous waste facility installation and operation permit or an | 26107 |
| application for a modification under division (I)(3) of this | 26108 |
| section unless the director finds and determines as follows: | 26109 |
| (a) The nature and volume of the waste to be treated, stored, | 26110 |
| or disposed of at the facility; | 26111 |
| (b) That the facility complies with the director's hazardous | 26112 |
| waste standards adopted pursuant to section 3734.12 of the Revised | 26113 |
| Code; | 26114 |
| (c) That the facility represents the minimum adverse | 26115 |
| environmental impact, considering the state of available | 26116 |
| technology and the nature and economics of various alternatives, | 26117 |
| and other pertinent considerations; | 26118 |
| (d) That the facility represents the minimum risk of all of | 26119 |
| the following: | 26120 |
| (i) Fires or explosions from treatment, storage, or disposal | 26121 |
| methods; | 26122 |
| (ii) Release of hazardous waste during transportation of | 26123 |
| hazardous waste to or from the facility; | 26124 |
| (iii) Adverse impact on the public health and safety. | 26125 |
| (e) That the facility will comply with this chapter and | 26126 |
| Chapters 3704. and 6111. of the Revised Code and all rules and | 26127 |
| standards adopted under them; | 26128 |
| (f) That if the owner of the facility, the operator of the | 26129 |
| facility, or any other person in a position with the facility from | 26130 |
| which the person may influence the installation and operation of | 26131 |
| the facility has been involved in any prior activity involving | 26132 |
| transportation, treatment, storage, or disposal of hazardous | 26133 |
| waste, that person has a history of compliance with this chapter | 26134 |
| and Chapters 3704. and 6111. of the Revised Code and all rules and | 26135 |
| standards adopted under them, the "Resource Conservation and | 26136 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 26137 |
| amended, and all regulations adopted under it, and similar laws | 26138 |
| and rules of other states if any such prior operation was located | 26139 |
| in another state that demonstrates sufficient reliability, | 26140 |
| expertise, and competency to operate a hazardous waste facility | 26141 |
| under the applicable provisions of this chapter and Chapters 3704. | 26142 |
| and 6111. of the Revised Code, the applicable rules and standards | 26143 |
| adopted under them, and terms and conditions of a hazardous waste | 26144 |
| facility installation and operation permit, given the potential | 26145 |
| for harm to the public health and safety and the environment that | 26146 |
| could result from the irresponsible operation of the facility. For | 26147 |
| off-site facilities, as defined in section 3734.41 of the Revised | 26148 |
| Code, the director may use the investigative reports of the | 26149 |
| attorney general prepared pursuant to section 3734.42 of the | 26150 |
| Revised Code as a basis for making a finding and determination | 26151 |
| under division (D)(2)(f) of this section. | 26152 |
| (g) That the active areas within a new hazardous waste | 26153 |
| facility where acute hazardous waste as listed in 40 C.F.R. 261.33 | 26154 |
| (e), as amended, or organic waste that is toxic and is listed | 26155 |
| under 40 C.F.R. 261, as amended, is being stored, treated, or | 26156 |
| disposed of and where the aggregate of the storage design capacity | 26157 |
| and the disposal design capacity of all hazardous waste in those | 26158 |
| areas is greater than two hundred fifty thousand gallons, are not | 26159 |
| located or operated within any of the following: | 26160 |
| (i) Two thousand feet of any residence, school, hospital, | 26161 |
| jail, or prison; | 26162 |
| (ii) Any naturally occurring wetland; | 26163 |
| (iii) Any flood hazard area if the applicant cannot show that | 26164 |
| the facility will be designed, constructed, operated, and | 26165 |
| maintained to prevent washout by a one-hundred-year flood. | 26166 |
| Division (D)(2)(g) of this section does not apply to the | 26167 |
| facility of any applicant who demonstrates to the director that | 26168 |
| the limitations specified in that division are not necessary | 26169 |
| because of the nature or volume of the waste and the manner of | 26170 |
| management applied, the facility will impose no substantial danger | 26171 |
| to the health and safety of persons occupying the structures | 26172 |
| listed in division (D)(2)(g)(i) of this section, and the facility | 26173 |
| is to be located or operated in an area where the proposed | 26174 |
| hazardous waste activities will not be incompatible with existing | 26175 |
| land uses in the area. | 26176 |
| (h) That the facility will not be located within the | 26177 |
| boundaries of a state park established or dedicated under Chapter | 26178 |
| 1541. of the Revised Code, a state park purchase area established | 26179 |
| under section 1541.02 of the Revised Code, any unit of the | 26180 |
| national park system, or any property that lies within the | 26181 |
| boundaries of a national park or recreation area, but that has not | 26182 |
| been acquired or is not administered by the secretary of the | 26183 |
| United States department of the interior, located in this state, | 26184 |
| or any candidate area located in this state identified for | 26185 |
| potential inclusion in the national park system in the edition of | 26186 |
| the "national park system plan" submitted under paragraph (b) of | 26187 |
| section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 | 26188 |
| U.S.C.A. 1a-5, as amended, current at the time of filing of the | 26189 |
| application for the permit, unless the facility will be used | 26190 |
| exclusively for the storage of hazardous waste generated within | 26191 |
| the park or recreation area in conjunction with the operation of | 26192 |
| the park or recreation area. Division (D)(2)(h) of this section | 26193 |
| does not apply to the facility of any applicant for modification | 26194 |
| of a permit unless the modification application proposes to | 26195 |
| increase the land area included in the facility or to increase the | 26196 |
| quantity of hazardous waste that will be treated, stored, or | 26197 |
| disposed of at the facility. | 26198 |
| (3) Not later than one hundred eighty days after the end of | 26199 |
| the public comment period, the director, without prior hearing, | 26200 |
| shall issue or deny the permit in accordance with Chapter 3745. of | 26201 |
| the Revised Code. If the director approves an application for a | 26202 |
| hazardous waste facility installation and operation permit, the | 26203 |
| director shall issue the permit, upon such terms and conditions as | 26204 |
| the director finds are necessary to ensure the construction and | 26205 |
| operation of the hazardous waste facility in accordance with the | 26206 |
| standards of this section. | 26207 |
| (E) | 26208 |
| additional zoning or other approval, consent, permit, certificate, | 26209 |
| or condition for the construction or operation of a hazardous | 26210 |
| waste facility authorized by a hazardous waste facility | 26211 |
| installation and operation permit issued pursuant to this chapter, | 26212 |
| nor shall any political subdivision adopt or enforce any law, | 26213 |
| ordinance, or rule that in any way alters, impairs, or limits the | 26214 |
| authority granted in the permit. | 26215 |
| (F) The director may issue a single hazardous waste facility | 26216 |
| installation and operation permit to a person who operates two or | 26217 |
| more adjoining facilities where hazardous waste is stored, | 26218 |
| treated, or disposed of if the application includes detail plans, | 26219 |
| specifications, and information on all facilities. For the | 26220 |
| purposes of this section, "adjoining" means sharing a common | 26221 |
| boundary, separated only by a public road, or in such proximity | 26222 |
| that the director determines that the issuance of a single permit | 26223 |
| will not create a hazard to the public health or safety or the | 26224 |
| environment. | 26225 |
| (G) No person shall falsify or fail to keep or submit any | 26226 |
| plans, specifications, data, reports, records, manifests, or other | 26227 |
| information required to be kept or submitted to the director by | 26228 |
| this chapter or the rules adopted under it. | 26229 |
| (H)(1) Each person who holds an installation and operation | 26230 |
| permit issued under this section and who wishes to obtain a permit | 26231 |
| renewal shall submit a completed application for an installation | 26232 |
| and operation permit renewal and any necessary accompanying | 26233 |
| general plans, detail plans, specifications, and such information | 26234 |
| as the director may require to the director no later than one | 26235 |
| hundred eighty days prior to the expiration date of the existing | 26236 |
| permit or upon a later date prior to the expiration of the | 26237 |
| existing permit if the permittee can demonstrate good cause for | 26238 |
| the late submittal. The director shall consider the application | 26239 |
| and accompanying information, inspection reports of the facility, | 26240 |
| results of performance tests, a report regarding the facility's | 26241 |
| compliance or noncompliance with the terms and conditions of its | 26242 |
| permit and rules adopted by the director under this chapter, and | 26243 |
| such other information as is relevant to the operation of the | 26244 |
| facility and shall issue a draft renewal permit or a notice of | 26245 |
| intent to deny the renewal permit. The director, in accordance | 26246 |
| with rules adopted under this section or with rules adopted to | 26247 |
| implement Chapter 3745. of the Revised Code, shall give public | 26248 |
| notice of the application and draft renewal permit or notice of | 26249 |
| intent to deny the renewal permit, provide for the opportunity for | 26250 |
| public comments within a specified time period, schedule a public | 26251 |
| meeting in the county in which the facility is located if | 26252 |
| significant interest is shown, and give public notice of the | 26253 |
| public meeting. | 26254 |
| (2) Within sixty days after the public meeting or close of | 26255 |
| the public comment period, the director, without prior hearing, | 26256 |
| shall issue or deny the renewal permit in accordance with Chapter | 26257 |
| 3745. of the Revised Code. The director shall not issue a renewal | 26258 |
| permit unless the director determines that the facility under the | 26259 |
| existing permit has a history of compliance with this chapter, | 26260 |
| rules adopted under it, the existing permit, or orders entered to | 26261 |
| enforce such requirements that demonstrates sufficient | 26262 |
| reliability, expertise, and competency to operate the facility | 26263 |
| henceforth under this chapter, rules adopted under it, and the | 26264 |
| renewal permit. If the director approves an application for a | 26265 |
| renewal permit, the director shall issue the permit subject to the | 26266 |
| payment of the annual permit fee required under division (E) of | 26267 |
| section 3734.02 of the Revised Code and upon such terms and | 26268 |
| conditions as the director finds are reasonable to ensure that | 26269 |
| continued operation, maintenance, closure, and post-closure care | 26270 |
| of the hazardous waste facility are in accordance with the rules | 26271 |
| adopted under section 3734.12 of the Revised Code. | 26272 |
| (3) An installation and operation permit renewal application | 26273 |
| submitted to the director that also contains or would constitute | 26274 |
| an application for a modification shall be acted upon by the | 26275 |
| director in accordance with division (I) of this section in the | 26276 |
| same manner as an application for a modification. In approving or | 26277 |
| disapproving the renewal portion of a permit renewal application | 26278 |
| containing an application for a modification, the director shall | 26279 |
| apply the criteria established under division (H)(2) of this | 26280 |
| section. | 26281 |
| (4) An application for renewal or modification of a permit | 26282 |
| that does not contain an application for a modification as | 26283 |
| described in divisions (I)(3)(a) to (d) of this section shall not | 26284 |
| be subject to division (D)(2) of this section. | 26285 |
| (I)(1) As used in this section, "modification" means a change | 26286 |
| or alteration to a hazardous waste facility or its operations that | 26287 |
| is inconsistent with or not authorized by its existing permit or | 26288 |
| authorization to operate. Modifications shall be classified as | 26289 |
| Class 1, 2, or 3 modifications in accordance with rules adopted | 26290 |
| under division (K) of this section. Modifications classified as | 26291 |
| Class 3 modifications, in accordance with rules adopted under that | 26292 |
| division, shall be further classified by the director as either | 26293 |
| Class 3 modifications that are to be approved or disapproved by | 26294 |
| the director under divisions (I)(3)(a) to (d) of this section or | 26295 |
| as Class 3 modifications that are to be approved or disapproved by | 26296 |
| the director under division (I)(5) of this section. Not later than | 26297 |
| thirty days after receiving a request for a modification under | 26298 |
| division (I)(4) of this section that is not listed in Appendix I | 26299 |
| to 40 C.F.R. 270.42 or in rules adopted under division (K) of this | 26300 |
| section, the director shall classify the modification and shall | 26301 |
| notify the owner or operator of the facility requesting the | 26302 |
| modification of the classification. Notwithstanding any other law | 26303 |
| to the contrary, any modification that involves the transfer of a | 26304 |
| hazardous waste facility installation and operation permit to a | 26305 |
| new owner or operator shall be classified as a Class 3 | 26306 |
| modification. | 26307 |
| (2) Except as provided in section 3734.123 of the Revised | 26308 |
| Code, a hazardous waste facility installation and operation permit | 26309 |
| may be modified at the request of the director or upon the written | 26310 |
| request of the permittee only if any of the following applies: | 26311 |
| (a) The permittee desires to accomplish alterations, | 26312 |
| additions, or deletions to the permitted facility or to undertake | 26313 |
| alterations, additions, deletions, or activities that are | 26314 |
| inconsistent with or not authorized by the existing permit; | 26315 |
| (b) New information or data justify permit conditions in | 26316 |
| addition to or different from those in the existing permit; | 26317 |
| (c) The standards, criteria, or rules upon which the existing | 26318 |
| permit is based have been changed by new, amended, or rescinded | 26319 |
| standards, criteria, or rules, or by judicial decision after the | 26320 |
| existing permit was issued, and the change justifies permit | 26321 |
| conditions in addition to or different from those in the existing | 26322 |
| permit; | 26323 |
| (d) The permittee proposes to transfer the permit to another | 26324 |
| person. | 26325 |
| (3) The director shall approve or disapprove an application | 26326 |
| for a modification in accordance with division (D)(2) of this | 26327 |
| section and rules adopted under division (K) of this section for | 26328 |
| all of the following categories of Class 3 modifications: | 26329 |
| (a) Authority to conduct treatment, storage, or disposal at a | 26330 |
| site, location, or tract of land that has not been authorized for | 26331 |
| the proposed category of treatment, storage, or disposal activity | 26332 |
| by the facility's permit; | 26333 |
| (b) Modification or addition of a hazardous waste management | 26334 |
| unit, as defined in rules adopted under section 3734.12 of the | 26335 |
| Revised Code, that results in an increase in a facility's storage | 26336 |
| capacity of more than twenty-five per cent over the capacity | 26337 |
| authorized by the facility's permit, an increase in a facility's | 26338 |
| treatment rate of more than twenty-five per cent over the rate so | 26339 |
| authorized, or an increase in a facility's disposal capacity over | 26340 |
| the capacity so authorized. The authorized disposal capacity for a | 26341 |
| facility shall be calculated from the approved design plans for | 26342 |
| the disposal units at that facility. In no case during a five-year | 26343 |
| period shall a facility's storage capacity or treatment rate be | 26344 |
| modified to increase by more than twenty-five per cent in the | 26345 |
| aggregate without the director's approval in accordance with | 26346 |
| division (D)(2) of this section. Notwithstanding any provision of | 26347 |
| division (I) of this section to the contrary, a request for | 26348 |
| modification of a facility's annual total waste receipt limit | 26349 |
| shall be classified and approved or disapproved by the director | 26350 |
| under division (I)(5) of this section. | 26351 |
| (c) Authority to add any of the following categories of | 26352 |
| regulated activities not previously authorized at a facility by | 26353 |
| the facility's permit: storage at a facility not previously | 26354 |
| authorized to store hazardous waste, treatment at a facility not | 26355 |
| previously authorized to treat hazardous waste, or disposal at a | 26356 |
| facility not previously authorized to dispose of hazardous waste; | 26357 |
| or authority to add a category of hazardous waste management unit | 26358 |
| not previously authorized at the facility by the facility's | 26359 |
| permit. Notwithstanding any provision of division (I) of this | 26360 |
| section to the contrary, a request for authority to add or to | 26361 |
| modify an activity or a hazardous waste management unit for the | 26362 |
| purposes of performing a corrective action shall be classified and | 26363 |
| approved or disapproved by the director under division (I)(5) of | 26364 |
| this section. | 26365 |
| (d) Authority to treat, store, or dispose of waste types | 26366 |
| listed or characterized as reactive or explosive, in rules adopted | 26367 |
| under section 3734.12 of the Revised Code, or any acute hazardous | 26368 |
| waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not | 26369 |
| previously authorized to treat, store, or dispose of those types | 26370 |
| of wastes by the facility's permit unless the requested authority | 26371 |
| is limited to wastes that no longer exhibit characteristics | 26372 |
| meeting the criteria for listing or characterization as reactive | 26373 |
| or explosive wastes, or for listing as acute hazardous waste, but | 26374 |
| still are required to carry those waste codes as established in | 26375 |
| rules adopted under section 3734.12 of the Revised Code because of | 26376 |
| the requirements established in 40 C.F.R. 261(a) and (e), as | 26377 |
| amended, that is, the "mixture," "derived-from," or "contained-in" | 26378 |
| regulations. | 26379 |
| (4) A written request for a modification from the permittee | 26380 |
| shall be submitted to the director and shall contain such | 26381 |
| information as is necessary to support the request. Requests for | 26382 |
| modifications shall be acted upon by the director in accordance | 26383 |
| with this section and rules adopted under it. | 26384 |
| (5) Class 1 modification applications that require prior | 26385 |
| approval of the director, as determined in accordance with rules | 26386 |
| adopted under division (K) of this section, Class 2 modification | 26387 |
| applications, and Class 3 modification applications that are not | 26388 |
| described in divisions (I)(3)(a) to (d) of this section shall be | 26389 |
| approved or disapproved by the director in accordance with rules | 26390 |
| adopted under division (K) of this section. The board of county | 26391 |
| commissioners of the county, the board of township trustees of the | 26392 |
| township, and the city manager or mayor of the municipal | 26393 |
| corporation in which a hazardous waste facility is located shall | 26394 |
| receive notification of any application for a modification for | 26395 |
| that facility and shall be considered as interested persons with | 26396 |
| respect to the director's consideration of the application. | 26397 |
| For those modification applications for a transfer of a | 26398 |
| permit to a new owner or operator of a facility, the director also | 26399 |
| shall determine that, if the transferee owner or operator has been | 26400 |
| involved in any prior activity involving the transportation, | 26401 |
| treatment, storage, or disposal of hazardous waste, the transferee | 26402 |
| owner or operator has a history of compliance with this chapter | 26403 |
| and Chapters 3704. and 6111. of the Revised Code and all rules and | 26404 |
| standards adopted under them, the "Resource Conservation and | 26405 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 26406 |
| amended, and all regulations adopted under it, and similar laws | 26407 |
| and rules of another state if the transferee owner or operator | 26408 |
| owns or operates a facility in that state, that demonstrates | 26409 |
| sufficient reliability, expertise, and competency to operate a | 26410 |
| hazardous waste facility under this chapter and Chapters 3704. and | 26411 |
| 6111. of the Revised Code, all rules and standards adopted under | 26412 |
| them, and terms and conditions of a hazardous waste facility | 26413 |
| installation and operation permit, given the potential for harm to | 26414 |
| the public health and safety and the environment that could result | 26415 |
| from the irresponsible operation of the facility. A permit may be | 26416 |
| transferred to a new owner or operator only pursuant to a Class 3 | 26417 |
| permit modification. | 26418 |
| As used in division (I)(5) of this section: | 26419 |
| (a) "Owner" means the person who owns a majority or | 26420 |
| controlling interest in a facility. | 26421 |
| (b) "Operator" means the person who is responsible for the | 26422 |
| overall operation of a facility. | 26423 |
| The director shall approve or disapprove an application for a | 26424 |
| Class 1 modification that requires the director's approval within | 26425 |
| sixty days after receiving the request for modification. The | 26426 |
| director shall approve or disapprove an application for a Class 2 | 26427 |
| modification within three hundred days after receiving the request | 26428 |
| for modification. The director shall approve or disapprove an | 26429 |
| application for a Class 3 modification within three hundred | 26430 |
| sixty-five days after receiving the request for modification. | 26431 |
| (6) The approval or disapproval by the director of a Class 1 | 26432 |
| modification application is not a final action that is appealable | 26433 |
| under Chapter 3745. of the Revised Code. The approval or | 26434 |
| disapproval by the director of a Class 2 modification or a Class 3 | 26435 |
| modification is a final action that is appealable under that | 26436 |
| chapter. In approving or disapproving a request for a | 26437 |
| modification, the director shall consider all comments pertaining | 26438 |
| to the request that are received during the public comment period | 26439 |
| and the public meetings. The administrative record for appeal of a | 26440 |
| final action by the director in approving or disapproving a | 26441 |
| request for a modification shall include all comments received | 26442 |
| during the public comment period relating to the request for | 26443 |
| modification, written materials submitted at the public meetings | 26444 |
| relating to the request, and any other documents related to the | 26445 |
| director's action. | 26446 |
| (7) Notwithstanding any other provision of law to the | 26447 |
| contrary, a change or alteration to a hazardous waste facility | 26448 |
| described in division (E)(3)(a) or (b) of section 3734.02 of the | 26449 |
| Revised Code, or its operations, is a modification for the | 26450 |
| purposes of this section. An application for a modification at | 26451 |
| such a facility shall be submitted, classified, and approved or | 26452 |
| disapproved in accordance with divisions (I)(1) to (6) of this | 26453 |
| section in the same manner as a modification to a hazardous waste | 26454 |
| facility installation and operation permit. | 26455 |
| (J)(1) Except as provided in division (J)(2) of this section, | 26456 |
| an owner or operator of a hazardous waste facility that is | 26457 |
| operating in accordance with a permit by rule under rules adopted | 26458 |
| by the director under division (E)(3)(b) of section 3734.02 of the | 26459 |
| Revised Code shall submit either a hazardous waste facility | 26460 |
| installation and operation permit application for the facility or | 26461 |
| a modification application, whichever is required under division | 26462 |
| (J)(1)(a) or (b) of this section, within one hundred eighty days | 26463 |
| after the director has requested the application or upon a later | 26464 |
| date if the owner or operator demonstrates to the director good | 26465 |
| cause for the late submittal. | 26466 |
| (a) If the owner or operator does not have a hazardous waste | 26467 |
| facility installation and operation permit for any hazardous waste | 26468 |
| treatment, storage, or disposal activities at the facility, the | 26469 |
| owner or operator shall submit an application for such a permit to | 26470 |
| the director for the activities authorized by the permit by rule. | 26471 |
| Notwithstanding any other provision of law to the contrary, the | 26472 |
| director shall approve or disapprove the application for the | 26473 |
| permit in accordance with the procedures governing the approval or | 26474 |
| disapproval of permit renewals under division (H) of this section. | 26475 |
| (b) If the owner or operator has a hazardous waste facility | 26476 |
| installation and operation permit for hazardous waste treatment, | 26477 |
| storage, or disposal activities at the facility other than those | 26478 |
| authorized by the permit by rule, the owner or operator shall | 26479 |
| submit to the director a request for modification in accordance | 26480 |
| with division (I) of this section. Notwithstanding any other | 26481 |
| provision of law to the contrary, the director shall approve or | 26482 |
| disapprove the modification application in accordance with | 26483 |
| division (I)(5) of this section. | 26484 |
| (2) The owner or operator of a boiler or industrial furnace | 26485 |
| that is conducting thermal treatment activities in accordance with | 26486 |
| a permit by rule under rules adopted by the director under | 26487 |
| division (E)(3)(b) of section 3734.02 of the Revised Code shall | 26488 |
| submit a hazardous waste facility installation and operation | 26489 |
| permit application if the owner or operator does not have such a | 26490 |
| permit for any hazardous waste treatment, storage, or disposal | 26491 |
| activities at the facility or, if the owner or operator has such a | 26492 |
| permit for hazardous waste treatment, storage, or disposal | 26493 |
| activities at the facility other than thermal treatment activities | 26494 |
| authorized by the permit by rule, a modification application to | 26495 |
| add those activities authorized by the permit by rule, whichever | 26496 |
| is applicable, within one hundred eighty days after the director | 26497 |
| has requested the submission of the application or upon a later | 26498 |
| date if the owner or operator demonstrates to the director good | 26499 |
| cause for the late submittal. The application shall be accompanied | 26500 |
| by information necessary to support the request. The director | 26501 |
| shall approve or disapprove an application for a hazardous waste | 26502 |
| facility installation and operation permit in accordance with | 26503 |
| division (D) of this section and approve or disapprove an | 26504 |
| application for a modification in accordance with division (I)(3) | 26505 |
| of this section, except that the director shall not disapprove an | 26506 |
| application for the thermal treatment activities on the basis of | 26507 |
| the criteria set forth in division (D)(2)(g) or (h) of this | 26508 |
| section. | 26509 |
| (3) As used in division (J) of this section: | 26510 |
| (a) "Modification application" means a request for a | 26511 |
| modification submitted in accordance with division (I) of this | 26512 |
| section. | 26513 |
| (b) "Thermal treatment," "boiler," and "industrial furnace" | 26514 |
| have the same meanings as in rules adopted under section 3734.12 | 26515 |
| of the Revised Code. | 26516 |
| (K) The director shall adopt, and may amend, suspend, or | 26517 |
| rescind, rules in accordance with Chapter 119. of the Revised Code | 26518 |
| in order to implement divisions (H) and (I) of this section. | 26519 |
| Except when in actual conflict with this section, rules governing | 26520 |
| the classification of and procedures for the modification of | 26521 |
| hazardous waste facility installation and operation permits shall | 26522 |
| be substantively and procedurally identical to the regulations | 26523 |
| governing hazardous waste facility permitting and permit | 26524 |
| modifications adopted under the "Resource Conservation and | 26525 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 26526 |
| amended. | 26527 |
| Sec. 3734.28. All moneys collected under sections 3734.122, | 26528 |
| 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised | 26529 |
| Code and natural resource damages collected by the state under the | 26530 |
| "Comprehensive Environmental Response, Compensation, and Liability | 26531 |
| Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall | 26532 |
| be paid into the state treasury to the credit of the hazardous | 26533 |
| waste clean-up fund, which is hereby created. In addition, any | 26534 |
| moneys recovered for costs paid from the fund for activities | 26535 |
| described in division (A)(1) and (2) of section 3745.12 of the | 26536 |
| Revised Code shall be credited to the fund. The environmental | 26537 |
| protection agency shall use the moneys in the fund for the | 26538 |
| purposes set forth in division (D) of section 3734.122, sections | 26539 |
| 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, | 26540 |
| and, through October 15, 2005, divisions (A)(1) and (2) of section | 26541 |
| 3745.12 and Chapter 3746. of the Revised Code, including any | 26542 |
| related enforcement expenses. In addition, the agency shall use | 26543 |
| the moneys in the fund to pay the state's long-term operation and | 26544 |
| maintenance costs or matching share for actions taken under the | 26545 |
| "Comprehensive Environmental Response, Compensation, and Liability | 26546 |
| Act of 1980," as amended. If those moneys are reimbursed by grants | 26547 |
| or other moneys from the United States or any other person, the | 26548 |
| moneys shall be placed in the fund and not in the general revenue | 26549 |
| fund. | 26550 |
| Sec. 3734.57. (A) | 26551 |
| 26552 | |
| 26553 | |
| 26554 | |
| 26555 | |
| 26556 | |
| 26557 | |
| 26558 | |
| 26559 | |
| 26560 | |
| 26561 | |
| 26562 | |
| 26563 | |
| 26564 | |
| 26565 | |
| 26566 | |
| 26567 | |
| 26568 | |
| 26569 | |
| 26570 | |
| 26571 | |
| 26572 | |
| 26573 | |
| 26574 | |
| 26575 | |
| 26576 | |
| 26577 | |
| solid wastes in this state: | 26578 |
| (1) One dollar per ton | 26579 |
| the proceeds of which shall be deposited in the state treasury to | 26580 |
| the credit of the hazardous waste facility management fund created | 26581 |
| in section 3734.18 of the Revised Code and one-half of the | 26582 |
| proceeds of which shall be deposited in the state treasury to the | 26583 |
| credit of the hazardous waste clean-up fund created in section | 26584 |
| 3734.28 of the Revised Code; | 26585 |
| (2) An additional one dollar per ton on and after July 1, | 26586 |
| 2003, through June 30,
| 26587 |
| deposited in the state treasury to the credit of the solid waste | 26588 |
| fund, which is hereby created. The environmental protection agency | 26589 |
| shall use money in the solid waste fund to pay the costs of | 26590 |
| administering and enforcing the laws pertaining to solid wastes, | 26591 |
| infectious wastes, and construction and demolition debris, | 26592 |
| including, without limitation, ground water evaluations related to | 26593 |
| solid wastes, infectious wastes, and construction and demolition | 26594 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 26595 |
| and any rules adopted under them, providing compliance assistance | 26596 |
| to small businesses, and paying a share of the administrative | 26597 |
| costs of the environmental protection agency pursuant to section | 26598 |
| 3745.014 of the Revised Code. | 26599 |
| (3) An additional one dollar and seventy-five cents per ton | 26600 |
| on and after October 1, 2005, the proceeds of which shall be | 26601 |
| deposited in the state treasury to the credit of the environmental | 26602 |
| protection fund created in section 3745.015 of the Revised Code; | 26603 |
| (4) An additional one dollar per ton on and after the | 26604 |
| effective date of this amendment, the proceeds of which shall be | 26605 |
| deposited in the state treasury to the credit of the recycling and | 26606 |
| litter prevention fund created in section 1502.02 of the Revised | 26607 |
| Code. | 26608 |
| The owner or operator of a solid waste disposal facility | 26609 |
| shall collect the fees levied under this division as a trustee for | 26610 |
| the state and shall prepare and file with the director of | 26611 |
|
environmental protection | 26612 |
| indicating the total tonnage of solid wastes received for disposal | 26613 |
| at the gate of the facility during that month and the total amount | 26614 |
| of the fees required to be collected under this division during | 26615 |
| that month. The amount of fees required to be collected under this | 26616 |
| division shall equal the total tonnage of solid wastes received | 26617 |
| for disposal at the gate of the facility multiplied by the fees | 26618 |
| levied under this division. The monthly returns shall be filed on | 26619 |
| a form prescribed by the director. Not later than thirty days | 26620 |
| after the last day of the
month to which | 26621 |
| the owner or operator shall mail to the director the return for | 26622 |
| that month together with the fees required to be collected under | 26623 |
| this division during that month as indicated on the return. | 26624 |
| the return is filed and the amount of the fees due is paid in a | 26625 |
| timely manner as required in this division, the owner or operator | 26626 |
| may retain a discount of three-fourths of one per cent of the | 26627 |
| total amount of the fees that are required to be paid as indicated | 26628 |
| on the return. | 26629 |
| The owner or operator may request an extension of not more | 26630 |
| than thirty days for filing the return and remitting the fees, | 26631 |
| provided that the owner or operator has submitted such a request | 26632 |
| in writing to the director together with a detailed description of | 26633 |
| why the extension is requested, the director has received the | 26634 |
| request not later than the day on which the return is required to | 26635 |
| be filed, and the director has approved the request. If the fees | 26636 |
| are not remitted within thirty days after the last day of the | 26637 |
| month | 26638 |
| or are not remitted by the last day of an extension approved by | 26639 |
| the director, the owner or operator shall not retain the | 26640 |
| three-fourths of one per cent discount and shall pay an additional | 26641 |
| 26642 | |
| they are late. For purposes of calculating the late fee, the first | 26643 |
| month in which fees are late begins on the first day after the | 26644 |
| deadline has passed for timely submitting the return and fees, and | 26645 |
| one additional month shall be counted every thirty days | 26646 |
| thereafter. | 26647 |
| | 26648 |
| 26649 | |
| 26650 | |
| 26651 | |
| 26652 | |
| 26653 | |
| 26654 | |
| 26655 | |
| 26656 | |
| 26657 | |
| 26658 | |
| 26659 | |
| 26660 | |
| 26661 | |
| 26662 | |
| 26663 | |
| 26664 |
| For purposes of computing the fees levied under this division | 26665 |
| or division (B) of this section, any solid waste facility that | 26666 |
| does not use scales as a means of determining gate receipts shall | 26667 |
| use a conversion factor of three cubic yards per ton of solid | 26668 |
| waste or one cubic yard per ton for baled waste, as applicable. | 26669 |
| The fees levied under this division and divisions (B) and (C) | 26670 |
| of this section are in addition to all other applicable fees and | 26671 |
| taxes and shall be added to any other fee or amount specified in a | 26672 |
| contract that is charged by the owner or operator of a solid waste | 26673 |
| disposal facility or to any other fee or amount that is specified | 26674 |
|
in a contract | 26675 |
| charged by a transporter of solid wastes. | 26676 |
| (B) For the | 26677 |
| 26678 | |
| 26679 | |
| 26680 | |
| 26681 | |
| 26682 | |
| 26683 | |
| 26684 | |
| 26685 | |
| 26686 | |
| 26687 | |
| 26688 | |
| 26689 | |
| 26690 | |
| 26691 | |
| 26692 | |
| 26693 | |
| 26694 | |
| 26695 | |
| 26696 | |
| 26697 | |
| 26698 | |
| 26699 | |
| 26700 | |
| 26701 | |
| 26702 | |
| 26703 | |
| 26704 | |
| 26705 | |
| 26706 | |
| 26707 | |
| 26708 | |
| 26709 | |
| 26710 | |
| 26711 | |
| 26712 | |
| 26713 | |
| 26714 | |
| 26715 | |
| 26716 | |
| 26717 | |
| 26718 | |
| 26719 | |
| 26720 | |
| 26721 | |
| 26722 | |
| specified in division (G) of this section, the solid waste | 26723 |
| management policy committee of a county or joint solid waste | 26724 |
| management district may levy fees upon the following activities: | 26725 |
| (1) The disposal at a solid waste disposal facility located | 26726 |
| in the district of solid wastes generated within the district; | 26727 |
| (2) The disposal at a solid waste disposal facility within | 26728 |
| the district of solid wastes generated outside the boundaries of | 26729 |
| the district, but inside this state; | 26730 |
| (3) The disposal at a solid waste disposal facility within | 26731 |
| the district of solid wastes generated outside the boundaries of | 26732 |
| this state. | 26733 |
| | 26734 |
| Fees levied under division (B)(1) of this section always shall be | 26735 |
| equal to one-half of the fees levied under division (B)(2) of this | 26736 |
|
section, and fees levied under division (B)(3) of this
section | 26737 |
| 26738 | |
| 26739 | |
|
(B)(1) of this section | 26740 |
| 26741 | |
| district approved under section 3734.521 or 3734.55 of the Revised | 26742 |
| Code and any amendments to it, or the resolution adopted under | 26743 |
| this division, as appropriate, shall establish the rates of the | 26744 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 26745 |
| if any, and shall specify whether the fees are levied on the basis | 26746 |
|
of tons or cubic yards as the
unit of measurement. | 26747 |
| 26748 | |
| 26749 | |
|
management | 26750 |
| 26751 | |
| 26752 | |
| under
| 26753 |
| cubic yards | 26754 |
| 26755 | |
| 26756 | |
| 26757 | |
| 26758 | |
| 26759 | |
| section. | 26760 |
| | 26761 |
| division (B)(1) of this section shall be not less than one dollar | 26762 |
| per ton nor more than two dollars per ton, the fee levied under | 26763 |
| division (B)(2) of this section shall be not less than two dollars | 26764 |
| per ton nor more than four dollars per ton, and the fee levied | 26765 |
| under division (B)(3) of this section shall be not more than the | 26766 |
| fee
levied under division (B)(1) of this section | 26767 |
| 26768 | |
| 26769 | |
| 26770 | |
| 26771 | |
| 26772 | |
| 26773 | |
| 26774 | |
| 26775 | |
| 26776 | |
| 26777 | |
| 26778 | |
| 26779 | |
| 26780 | |
| 26781 | |
| 26782 | |
| 26783 | |
| 26784 | |
| 26785 | |
| 26786 | |
| 26787 | |
| 26788 | |
| 26789 | |
| 26790 | |
| 26791 | |
| 26792 | |
| 26793 | |
| 26794 | |
| 26795 | |
| 26796 | |
| 26797 | |
| 26798 | |
| 26799 |
| | 26800 |
| 26801 | |
| 26802 | |
| 26803 | |
| 26804 | |
| 26805 | |
| 26806 | |
| 26807 | |
| 26808 | |
| 26809 | |
| 26810 | |
| 26811 | |
| 26812 | |
| 26813 | |
| 26814 | |
| 26815 | |
| 26816 | |
| 26817 | |
| 26818 | |
| 26819 | |
| 26820 | |
| 26821 | |
| 26822 | |
| 26823 | |
| 26824 | |
| 26825 | |
| 26826 | |
| 26827 | |
| 26828 | |
| 26829 | |
| 26830 | |
| 26831 |
| Prior to the approval of the solid waste management plan of | 26832 |
| 26833 | |
| solid waste management policy committee of a district may levy | 26834 |
| fees under this division by adopting a resolution establishing the | 26835 |
| proposed amount of the fees. Upon adopting the resolution, the | 26836 |
| committee shall deliver a copy of the resolution to the board of | 26837 |
| county commissioners of each county forming the district and to | 26838 |
| the legislative authority of each municipal corporation and | 26839 |
| township under the jurisdiction of the district and shall prepare | 26840 |
| and publish the resolution and a notice of the time and location | 26841 |
| where a public hearing on the fees will be held. Upon adopting the | 26842 |
| resolution, the committee shall deliver written notice of the | 26843 |
| adoption of the resolution; of the amount of the proposed fees; | 26844 |
| and of the date, time, and location of the public hearing to the | 26845 |
| director and to the fifty industrial, commercial, or institutional | 26846 |
| generators of solid wastes within the district that generate the | 26847 |
| largest quantities of solid wastes, as determined by the | 26848 |
| committee, and to their local trade associations. The committee | 26849 |
| shall make good faith efforts to identify those generators within | 26850 |
| the district and their local trade associations, but the | 26851 |
| nonprovision of notice under this division to a particular | 26852 |
| generator or local trade association does not invalidate the | 26853 |
| proceedings under this division. The publication shall occur at | 26854 |
| least thirty days before the hearing. After the hearing, the | 26855 |
| committee may make such revisions to the proposed fees as it | 26856 |
| considers appropriate and thereafter, by resolution, shall adopt | 26857 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 26858 |
| the committee shall deliver a copy of the resolution doing so to | 26859 |
| the board of county commissioners of each county forming the | 26860 |
| district and to the legislative authority of each municipal | 26861 |
| corporation and township under the jurisdiction of the district. | 26862 |
| Within sixty days after the delivery of a copy of the resolution | 26863 |
| adopting the proposed revised fees by the policy committee, each | 26864 |
| such board and legislative authority, by ordinance or resolution, | 26865 |
| shall approve or disapprove the revised fees and deliver a copy of | 26866 |
| the ordinance or resolution to the committee. If any such board or | 26867 |
| legislative authority fails to adopt and deliver to the policy | 26868 |
| committee an ordinance or resolution approving or disapproving the | 26869 |
| revised fees within sixty days after the policy committee | 26870 |
| delivered its resolution adopting the proposed revised fees, it | 26871 |
| shall be conclusively presumed that the board or legislative | 26872 |
| authority has approved the proposed revised fees. The committee | 26873 |
| shall determine if the resolution has been ratified in the same | 26874 |
| manner in which it determines if a draft solid waste management | 26875 |
| plan has been ratified under division (B) of section 3734.55 of | 26876 |
| the Revised Code. | 26877 |
| | 26878 |
| 26879 | |
| 26880 | |
| 26881 | |
| 26882 | |
| 26883 | |
| 26884 | |
| 26885 | |
| 26886 | |
| 26887 | |
| 26888 | |
| 26889 | |
| 26890 | |
| 26891 | |
| 26892 | |
| 26893 | |
| 26894 | |
| 26895 | |
| 26896 | |
| 26897 | |
| 26898 | |
| 26899 | |
| 26900 | |
| 26901 | |
| 26902 | |
| 26903 | |
| 26904 | |
| 26905 | |
| 26906 | |
| 26907 |
| | 26908 |
| 26909 | |
| 26910 | |
| 26911 | |
| 26912 | |
| 26913 | |
| 26914 | |
| 26915 | |
| 26916 | |
| 26917 |
| The committee may amend the schedule of fees levied pursuant | 26918 |
|
to a resolution | 26919 |
| this division by adopting a resolution establishing the proposed | 26920 |
|
amount of the amended fees. The
committee may | 26921 |
| fees
levied pursuant to such a
resolution | 26922 |
| adopting a resolution proposing to repeal them. Upon adopting such | 26923 |
| a resolution, the committee shall proceed to obtain ratification | 26924 |
| of the resolution in accordance with this division. | 26925 |
| Not later than fourteen days after declaring the new fees | 26926 |
| 26927 | |
| division, the committee shall notify by certified mail the owner | 26928 |
| or operator of each solid waste disposal facility that is required | 26929 |
| to collect the fees of the ratification and the amount of the fees | 26930 |
| or of the repeal of the fees. Collection
of any
fees | 26931 |
| 26932 | |
| collection of repealed fees shall cease on the first day of the | 26933 |
| second month following the month in which notification is sent to | 26934 |
| the owner or operator. | 26935 |
| | 26936 |
| 26937 | |
| 26938 | |
| 26939 | |
| 26940 | |
| 26941 | |
| 26942 |
| Fees levied under this division also may be established, | 26943 |
| amended, or repealed by a solid waste management policy committee | 26944 |
| through the adoption of a new district solid waste management | 26945 |
| plan, the adoption of an amended plan, or the amendment of the | 26946 |
| plan or amended plan in accordance with sections 3734.55 and | 26947 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 26948 |
| district plan in connection with a change in district composition | 26949 |
| under section 3734.521 of the Revised Code. | 26950 |
| Not later than fourteen days after the director issues an | 26951 |
|
order approving a district's solid waste management plan | 26952 |
| 26953 | |
| 26954 | |
| amendment to a plan or amended plan that
establishes
| 26955 |
| or repeals a schedule of fees levied by the district,
| 26956 |
| 26957 | |
| 26958 | |
| 26959 | |
| 26960 | |
| owner or operator of each solid waste disposal facility that is | 26961 |
| required to collect the fees of the approval of the plan or | 26962 |
| amended plan, or the amendment to the plan, as appropriate, and | 26963 |
|
the amount of the fees | 26964 |
| initial or amended plan approved under section 3734.521 of the | 26965 |
| Revised Code in connection with a change in district composition, | 26966 |
| other than one involving the withdrawal of a county from a joint | 26967 |
|
district, | 26968 |
| 26969 | |
| 26970 | |
| after the change takes effect pursuant to division (G) of that | 26971 |
| section, shall notify by certified mail the owner or operator of | 26972 |
| each solid waste disposal facility that is required to collect the | 26973 |
| fees that the change has taken effect and of the amount of the | 26974 |
|
fees | 26975 |
| 26976 | |
| 26977 | |
| 26978 | |
| 26979 | |
| fees shall cease on the first day of the second month following | 26980 |
| the month in which notification is sent to the owner or operator. | 26981 |
| | 26982 |
| 26983 | |
| 26984 | |
| 26985 | |
| 26986 | |
| 26987 | |
| 26988 | |
| 26989 | |
| 26990 | |
| 26991 | |
| 26992 | |
| 26993 | |
| 26994 | |
| 26995 | |
| 26996 | |
| 26997 | |
| 26998 | |
| 26999 | |
| 27000 | |
| 27001 | |
| 27002 | |
| 27003 | |
| 27004 | |
| 27005 | |
| 27006 |
| | 27007 |
| 27008 | |
| 27009 | |
| 27010 | |
| 27011 | |
| 27012 | |
| 27013 | |
| 27014 | |
| 27015 | |
| 27016 | |
| 27017 | |
| 27018 | |
| 27019 | |
| 27020 | |
| 27021 | |
| 27022 |
| If, in the case of a change in district composition involving | 27023 |
| the withdrawal of a county from a joint district, the director | 27024 |
| completes the actions required under division (G)(1) or (3) of | 27025 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 27026 |
| days or more before the beginning of a calendar year, the policy | 27027 |
| committee of each of the districts resulting from the change that | 27028 |
| obtained the director's approval of an initial or amended plan in | 27029 |
| connection with the change, within fourteen days after the | 27030 |
| director's completion of the required actions, shall notify by | 27031 |
| certified mail the owner or operator of each solid waste disposal | 27032 |
| facility that is required to collect the district's fees that the | 27033 |
| change is to take effect on the first day of January immediately | 27034 |
| following the issuance of the notice and of the amount of the fees | 27035 |
| or amended fees levied under divisions (B)(1) to (3) of this | 27036 |
| section pursuant to the district's initial or amended plan as so | 27037 |
|
approved or, if
appropriate, the | 27038 |
| district's fees by that initial or amended plan. Collection of any | 27039 |
| fees set forth in such a plan or amended plan shall commence on | 27040 |
| the first day of January immediately following the issuance of the | 27041 |
| notice.
If
such an initial or amended plan | 27042 |
| schedule of fees, collection of the fees shall cease on that first | 27043 |
| day of January. | 27044 |
| If, in the case of a change in district composition involving | 27045 |
| the withdrawal of a county from a joint district, the director | 27046 |
| completes the actions required under division (G)(1) or (3) of | 27047 |
| section 3734.521 of the Revised Code, as appropriate, less than | 27048 |
| forty-five days before the beginning of a calendar year, the | 27049 |
| director, on behalf of each of the districts resulting from the | 27050 |
| change that obtained the director's approval of an initial or | 27051 |
| amended plan in connection with the change proceedings, shall | 27052 |
| notify by certified mail the owner or operator of each solid waste | 27053 |
| disposal facility that is required to collect the district's fees | 27054 |
| that the change is to take effect on the first day of January | 27055 |
| immediately following the mailing of the notice and of the amount | 27056 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 27057 |
| of this section pursuant to the district's initial or amended plan | 27058 |
|
as so approved or, if
appropriate, the | 27059 |
| district's fees by that initial or amended plan. Collection of any | 27060 |
| fees set forth in such a plan or amended plan shall commence on | 27061 |
| the first day of the second month following the month in which | 27062 |
| notification is sent to the owner or operator. If such an initial | 27063 |
|
or amended
plan | 27064 |
| of the fees shall cease on the first day of the second month | 27065 |
| following the month in which notification is sent to the owner or | 27066 |
| operator. | 27067 |
| | 27068 |
| district is levying under divisions (B)(1) to (3) of this section | 27069 |
| is amended or repealed, the fees in effect immediately prior to | 27070 |
| the amendment or repeal shall continue to be collected until | 27071 |
| collection of the amended fees commences or collection of the | 27072 |
| repealed fees ceases, as applicable, as specified in this | 27073 |
| division. In the case of a change in district composition, | 27074 |
| 27075 | |
| 27076 | |
| 27077 | |
| 27078 | |
| 27079 | |
| 27080 | |
| 27081 | |
| 27082 | |
| 27083 | |
| 27084 | |
| 27085 | |
| 27086 | |
| 27087 | |
| 27088 | |
| 27089 | |
| 27090 | |
| 27091 | |
| former districts shall be divided among the resulting districts in | 27092 |
| accordance with division (B) of section 343.012 of the Revised | 27093 |
| Code and the agreements entered into under division (B) of section | 27094 |
| 343.01 of the Revised Code to establish the former and resulting | 27095 |
| districts and any amendments to those agreements. | 27096 |
| For the purposes of the provisions of division (B) of this | 27097 |
| section establishing the times when newly established or amended | 27098 |
| fees levied by a district are required to commence and the | 27099 |
|
collection of fees that have been amended or | 27100 |
| required to cease, "fees" or "schedule of fees" includes, in | 27101 |
| addition to fees levied under divisions (B)(1) to (3) of this | 27102 |
| section, those levied under section 3734.573 or 3734.574 of the | 27103 |
| Revised Code. | 27104 |
| (C) For the purposes of defraying the added costs to a | 27105 |
| municipal corporation or township of maintaining roads and other | 27106 |
| public facilities and of providing emergency and other public | 27107 |
| services, and compensating a municipal corporation or township for | 27108 |
| reductions in real property tax revenues due to reductions in real | 27109 |
| property valuations resulting from the location and operation of a | 27110 |
| solid waste disposal facility within the municipal corporation or | 27111 |
| township, a municipal corporation or township in which such a | 27112 |
| solid waste disposal facility is located may levy a fee of not | 27113 |
| more than twenty-five cents per ton on the disposal of solid | 27114 |
| wastes at a solid waste disposal facility located within the | 27115 |
| boundaries of the municipal corporation or township regardless of | 27116 |
| where the wastes were generated. | 27117 |
| The legislative authority of a municipal corporation or | 27118 |
| township may levy fees under this division by enacting an | 27119 |
| ordinance or adopting a resolution establishing the amount of the | 27120 |
| fees. Upon so doing the legislative authority shall mail a | 27121 |
| certified copy of the ordinance or resolution to the board of | 27122 |
| county commissioners or directors of the county or joint solid | 27123 |
| waste management district in which the municipal corporation or | 27124 |
| township is located or, if a regional solid waste management | 27125 |
| authority has been formed under section 343.011 of the Revised | 27126 |
| Code, to the board of trustees of that regional authority, the | 27127 |
| owner or operator of each solid waste disposal facility in the | 27128 |
| municipal corporation or township that is required to collect the | 27129 |
| fee by the ordinance or resolution, and the director of | 27130 |
| environmental protection. Although the fees levied under this | 27131 |
| division are levied on the basis of tons as the unit of | 27132 |
| measurement, the legislative authority, in its ordinance or | 27133 |
| resolution levying the fees under this division, may direct that | 27134 |
| the fees be levied on the basis of cubic yards as the unit of | 27135 |
| measurement based upon a conversion factor of three cubic yards | 27136 |
| per ton generally or one cubic yard per ton for baled wastes. | 27137 |
| Not later than five days after enacting an ordinance or | 27138 |
| adopting a resolution under this division, the legislative | 27139 |
| authority shall so notify by certified mail the owner or operator | 27140 |
| of each solid waste disposal facility that is required to collect | 27141 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 27142 |
| shall commence on the first day of the second month following the | 27143 |
| month in which notification is sent to the owner or operator. | 27144 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 27145 |
| this section do not apply to the disposal of solid wastes that: | 27146 |
| (a) Are disposed of at a facility owned by the generator of | 27147 |
| the wastes when the solid waste facility exclusively disposes of | 27148 |
| solid wastes generated at one or more premises owned by the | 27149 |
| generator regardless of whether the facility is located on a | 27150 |
| premises where the wastes are generated; | 27151 |
| (b) Are disposed of at facilities that exclusively dispose of | 27152 |
| wastes that are generated from the combustion of coal, or from the | 27153 |
| combustion of primarily coal in combination with scrap tires, that | 27154 |
| is not combined in any way with garbage at one or more premises | 27155 |
| owned by the generator. | 27156 |
| (2) Except as provided in section 3734.571 of the Revised | 27157 |
| Code, any fees levied under division (B)(1) of this section apply | 27158 |
| to solid wastes originating outside the boundaries of a county or | 27159 |
| joint district that are covered by an agreement for the joint use | 27160 |
| of solid waste facilities entered into under section 343.02 of the | 27161 |
| Revised Code by the board of county commissioners or board of | 27162 |
| directors of the county or joint district where the wastes are | 27163 |
| generated and disposed of. | 27164 |
| (3) When solid wastes, other than solid wastes that consist | 27165 |
| of scrap tires, are burned in a disposal facility that is an | 27166 |
| incinerator or energy recovery facility, the fees levied under | 27167 |
| divisions (A), (B), and (C) of this section shall be levied upon | 27168 |
| the disposal of the fly ash and bottom ash remaining after burning | 27169 |
| of the solid wastes and shall be collected by the owner or | 27170 |
| operator of the sanitary landfill where the ash is disposed of. | 27171 |
| (4) When solid wastes are delivered to a solid waste transfer | 27172 |
| facility, the fees levied under divisions (A), (B), and (C) of | 27173 |
| this section shall be levied upon the disposal of solid wastes | 27174 |
| transported off the premises of the transfer facility for disposal | 27175 |
| and shall be collected by the owner or operator of the solid waste | 27176 |
| disposal facility where the wastes are disposed of. | 27177 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 27178 |
| section do not apply to sewage sludge that is generated by a waste | 27179 |
| water treatment facility holding a national pollutant discharge | 27180 |
| elimination system permit and that is disposed of through | 27181 |
| incineration, land application, or composting or at another | 27182 |
| resource recovery or disposal facility that is not a landfill. | 27183 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 27184 |
| section do not apply to solid wastes delivered to a solid waste | 27185 |
| composting facility for processing. When any unprocessed solid | 27186 |
| waste or compost product is transported off the premises of a | 27187 |
| composting facility and disposed of at a landfill, the fees levied | 27188 |
| under divisions (A), (B), and (C) of this section shall be | 27189 |
| collected by the owner or operator of the landfill where the | 27190 |
| unprocessed waste or compost product is disposed of. | 27191 |
| (7) When solid wastes that consist of scrap tires are | 27192 |
| processed at a scrap tire recovery facility, the fees levied under | 27193 |
| divisions (A), (B), and (C) of this section shall be levied upon | 27194 |
| the disposal of the fly ash and bottom ash or other solid wastes | 27195 |
| remaining after the processing of the scrap tires and shall be | 27196 |
| collected by the owner or operator of the solid waste disposal | 27197 |
| facility where the ash or other solid wastes are disposed of. | 27198 |
| (E) The fees levied under divisions (B) and (C) of this | 27199 |
| section shall be collected by the owner or operator of the solid | 27200 |
| waste disposal facility where the wastes are disposed of as a | 27201 |
| trustee for the county or joint district and municipal corporation | 27202 |
| or township where the wastes are disposed of. Moneys from the fees | 27203 |
| levied under division (B) of this section shall be forwarded to | 27204 |
| the board of county commissioners or board of directors of the | 27205 |
| district in accordance with rules adopted under division (H) of | 27206 |
| this section. Moneys from the fees levied under division (C) of | 27207 |
| this section shall be forwarded to the treasurer or such other | 27208 |
| officer of the municipal corporation as, by virtue of the charter, | 27209 |
| has the duties of the treasurer or to the clerk of the township, | 27210 |
| as appropriate, in accordance with those rules. | 27211 |
| (F) Moneys received by the treasurer or such other officer of | 27212 |
| the municipal corporation under division (E) of this section shall | 27213 |
| be paid into the general fund of the municipal corporation. Moneys | 27214 |
| received by the clerk of the township under that division shall be | 27215 |
| paid into the general fund of the township. The treasurer or such | 27216 |
| other officer of the municipal corporation or the clerk, as | 27217 |
| appropriate, shall maintain separate records of the moneys | 27218 |
| received from the fees levied under division (C) of this section. | 27219 |
| (G) Moneys received by the board of county commissioners or | 27220 |
| board of directors under division (E) of this section or section | 27221 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 27222 |
| shall be paid to the county treasurer, or other official acting in | 27223 |
| a similar capacity under a county charter, in a county district or | 27224 |
| to the county treasurer or other official designated by the board | 27225 |
| of directors in a joint district and kept in a separate and | 27226 |
| distinct fund to the credit of the district. If a regional solid | 27227 |
| waste management authority has been formed under section 343.011 | 27228 |
| of the Revised Code, moneys received by the board of trustees of | 27229 |
| that regional authority under division (E) of this section shall | 27230 |
| be kept by the board in a separate and distinct fund to the credit | 27231 |
| of the district. Moneys in the special fund of the county or joint | 27232 |
| district arising from the fees levied under division (B) of this | 27233 |
| section and the fee levied under division (A) of section 3734.573 | 27234 |
| of the Revised Code shall be expended by the board of county | 27235 |
| commissioners or directors of the district in accordance with the | 27236 |
| district's solid waste management plan or amended plan approved | 27237 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 27238 |
| exclusively for the following purposes: | 27239 |
| (1) Preparation of the solid waste management plan of the | 27240 |
| district under section 3734.54 of the Revised Code, monitoring | 27241 |
| implementation of the plan, and conducting the periodic review and | 27242 |
| amendment of the plan required by section 3734.56 of the Revised | 27243 |
| Code by the solid waste management policy committee; | 27244 |
| (2) Implementation of the approved solid waste management | 27245 |
| plan or amended plan of the district, including, without | 27246 |
| limitation, the development and implementation of solid waste | 27247 |
| recycling or reduction programs; | 27248 |
| (3) Providing financial assistance to boards of health within | 27249 |
| the district, if solid waste facilities are located within the | 27250 |
| district, for enforcement of this chapter and rules, orders, and | 27251 |
| terms and conditions of permits, licenses, and variances adopted | 27252 |
| or issued under it, other than the hazardous waste provisions of | 27253 |
| this chapter and rules adopted and orders and terms and conditions | 27254 |
| of permits issued under those provisions; | 27255 |
| (4) Providing financial assistance to each county within the | 27256 |
| district to defray the added costs of maintaining roads and other | 27257 |
| public facilities and of providing emergency and other public | 27258 |
| services resulting from the location and operation of a solid | 27259 |
| waste facility within the county under the district's approved | 27260 |
| solid waste management plan or amended plan; | 27261 |
| (5) Pursuant to contracts entered into with boards of health | 27262 |
| within the district, if solid waste facilities contained in the | 27263 |
| district's approved plan or amended plan are located within the | 27264 |
| district, for paying the costs incurred by those boards of health | 27265 |
| for collecting and analyzing samples from public or private water | 27266 |
| wells on lands adjacent to those facilities; | 27267 |
| (6) Developing and implementing a program for the inspection | 27268 |
| of solid wastes generated outside the boundaries of this state | 27269 |
| that are disposed of at solid waste facilities included in the | 27270 |
| district's approved solid waste management plan or amended plan; | 27271 |
| (7) Providing financial assistance to boards of health within | 27272 |
| the district for the enforcement of section 3734.03 of the Revised | 27273 |
| Code or to local law enforcement agencies having jurisdiction | 27274 |
| within the district for enforcing anti-littering laws and | 27275 |
| ordinances; | 27276 |
| (8) Providing financial assistance to boards of health of | 27277 |
| health districts within the district that are on the approved list | 27278 |
| under section 3734.08 of the Revised Code to defray the costs to | 27279 |
| the health districts for the participation of their employees | 27280 |
| responsible for enforcement of the solid waste provisions of this | 27281 |
| chapter and rules adopted and orders and terms and conditions of | 27282 |
| permits, licenses, and variances issued under those provisions in | 27283 |
| the training and certification program as required by rules | 27284 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 27285 |
| (9) Providing financial assistance to individual municipal | 27286 |
| corporations and townships within the district to defray their | 27287 |
| added costs of maintaining roads and other public facilities and | 27288 |
| of providing emergency and other public services resulting from | 27289 |
| the location and operation within their boundaries of a | 27290 |
| composting, energy or resource recovery, incineration, or | 27291 |
| recycling facility that either is owned by the district or is | 27292 |
| furnishing solid waste management facility or recycling services | 27293 |
| to the district pursuant to a contract or agreement with the board | 27294 |
| of county commissioners or directors of the district; | 27295 |
| (10) Payment of any expenses that are agreed to, awarded, or | 27296 |
| ordered to be paid under section 3734.35 of the Revised Code and | 27297 |
| of any administrative costs incurred pursuant to that section. In | 27298 |
| the case of a joint solid waste management district, if the board | 27299 |
| of county commissioners of one of the counties in the district is | 27300 |
| negotiating on behalf of affected communities, as defined in that | 27301 |
| section, in that county, the board shall obtain the approval of | 27302 |
| the board of directors of the district in order to expend moneys | 27303 |
| for administrative costs incurred. | 27304 |
| Prior to the approval of the district's solid waste | 27305 |
| management plan under section 3734.55 of the Revised Code, moneys | 27306 |
| in the special fund of the district arising from the fees shall be | 27307 |
| expended for those purposes in the manner prescribed by the solid | 27308 |
| waste management policy committee by resolution. | 27309 |
| Notwithstanding division (G)(6) of this section as it existed | 27310 |
| prior to October 29, 1993, or any provision in a district's solid | 27311 |
| waste management plan prepared in accordance with division | 27312 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 27313 |
| prior to that date, any moneys arising from the fees levied under | 27314 |
| division (B)(3) of this section prior to January 1, 1994, may be | 27315 |
| expended for any of the purposes authorized in divisions (G)(1) to | 27316 |
| (10) of this section. | 27317 |
| (H) The director shall adopt rules in accordance with Chapter | 27318 |
| 119. of the Revised Code prescribing procedures for collecting and | 27319 |
| forwarding the fees levied under divisions (B) and (C) of this | 27320 |
| section to the boards of county commissioners or directors of | 27321 |
| county or joint solid waste management districts and to the | 27322 |
| treasurers or other officers of municipal corporations or to the | 27323 |
| clerks of townships. The rules also shall prescribe the dates for | 27324 |
| forwarding the fees to the boards and officials and may prescribe | 27325 |
| any other requirements the director considers necessary or | 27326 |
| appropriate to implement and administer divisions (A), (B), and | 27327 |
|
(C) of this
section. | 27328 |
| 27329 | |
| 27330 | |
| 27331 |
| Sec. 3734.901. (A)(1) For the purpose of providing revenue | 27332 |
| to defray the cost of administering and enforcing the scrap tire | 27333 |
| provisions of this chapter, rules adopted under those provisions, | 27334 |
| and terms and conditions of orders, variances, and licenses issued | 27335 |
| under those provisions; to abate accumulations of scrap tires; to | 27336 |
| make grants to promote research regarding alternative methods of | 27337 |
| recycling scrap tires and loans to promote the recycling or | 27338 |
| recovery of energy from scrap tires; and to defray the costs of | 27339 |
| administering and enforcing sections 3734.90 to 3734.9014 of the | 27340 |
| Revised Code, a fee of fifty cents per tire is hereby levied on | 27341 |
| the sale of tires. The fee is levied from the first day of the | 27342 |
| calendar month that begins next after thirty days from October 29, | 27343 |
|
1993, through June 30, | 27344 |
| (2) Beginning on
| 27345 |
| 5, 2001, and ending on June 30, 2011, there is hereby levied an | 27346 |
| additional fee of fifty cents per tire on the sale of tires the | 27347 |
| proceeds of which shall be deposited in the scrap tire management | 27348 |
| fund created in section 3734.82 of the Revised Code and be used | 27349 |
| exclusively for the purposes specified in division (G)(3) of that | 27350 |
| section. | 27351 |
| (B) Only one sale of the same article shall be used in | 27352 |
| computing the amount of the fee due. | 27353 |
| Sec. 3734.9010. | 27354 |
| treasurer of state pursuant to sections 3734.90 to 3734.9014 of | 27355 |
| the Revised Code shall be certified directly to the credit of the | 27356 |
| tire fee administrative fund, which is hereby created in the state | 27357 |
| treasury, for appropriation to the department of taxation for use | 27358 |
| in administering those sections. The remainder of the amounts paid | 27359 |
| to the treasurer of state shall be deposited to the credit of the | 27360 |
| scrap tire management fund created in section 3734.82 of the | 27361 |
| Revised Code. | 27362 |
| Sec. 3743.57. (A) All fees collected by the fire marshal for | 27363 |
| licenses or permits issued pursuant to this chapter shall be | 27364 |
| deposited into the state fire marshal's fund, and interest earned | 27365 |
| on the amounts in the fund shall be credited by the treasurer of | 27366 |
| state to the fund. | 27367 |
| (B) | 27368 |
| 27369 | |
| 27370 | |
| 27371 | |
| 27372 | |
| 27373 | |
| 27374 |
| | 27375 |
| 27376 | |
| 27377 | |
| 27378 | |
| 27379 | |
| 27380 | |
| 27381 | |
| 27382 | |
| 27383 | |
| 27384 | |
| 27385 | |
| 27386 | |
| 27387 | |
| 27388 | |
| 27389 | |
| 27390 | |
| 27391 | |
| 27392 | |
| 27393 |
| The fire marshal shall in the fire marshal's discretion use | 27394 |
| amounts in the state fire marshal's fund for fireworks training | 27395 |
| and education purposes, including, but not limited to, the | 27396 |
| creation of educational and training programs, attendance by the | 27397 |
| fire marshal and the fire marshal's employees at conferences and | 27398 |
| seminars, the payment of travel and meal expenses associated with | 27399 |
| such attendance, participation by the fire marshal and the fire | 27400 |
| marshal's employees in committee meetings and other meetings | 27401 |
| related to pyrotechnic codes, and the payment of travel and meal | 27402 |
| expenses associated with such participation. The use of the fund | 27403 |
| shall comply with rules of the department of commerce, policies | 27404 |
| and procedures established by the director of budget and | 27405 |
| management, and all other applicable laws. | 27406 |
| Sec. 3745.015. There is hereby created in the state treasury | 27407 |
| the environmental protection fund consisting of money credited to | 27408 |
| the fund under division (A)(3) of section 3734.57 of the Revised | 27409 |
| Code. The environmental protection agency shall use money in the | 27410 |
| fund to pay the agency's costs associated with administering and | 27411 |
| enforcing, or otherwise conducting activities under, this chapter | 27412 |
| and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751., | 27413 |
| 3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112., | 27414 |
| 6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of | 27415 |
| the Revised Code. | 27416 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 27417 |
| licenses, variances, plan approvals, and certifications issued by | 27418 |
| the director of environmental protection pursuant to Chapters | 27419 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 27420 |
| to the environmental protection agency for each such issuance and | 27421 |
| each application for an issuance as provided by this section. No | 27422 |
| fee shall be charged for any issuance for which no application has | 27423 |
| been submitted to the director. | 27424 |
| (B) Each person who is issued a permit to install prior to | 27425 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 27426 |
| section 3704.03 of the Revised Code shall pay the fees specified | 27427 |
| in the following schedules: | 27428 |
| (1) | 27429 |
| Input capacity (maximum) | 27430 | ||||
| (million British thermal units per hour) | Permit to install | 27431 | |||
| Greater than 0, but less than 10 | $ 200 | 27432 | |||
| 10 or more, but less than 100 | 400 | 27433 | |||
| 100 or more, but less than 300 | 800 | 27434 | |||
| 300 or more, but less than 500 | 1500 | 27435 | |||
| 500 or more, but less than 1000 | 2500 | 27436 | |||
| 1000 or more, but less than 5000 | 4000 | 27437 | |||
| 5000 or more | 6000 | 27438 | |||
| Units burning exclusively natural gas, number two fuel oil, | 27439 |
| or both shall be assessed a fee that is one-half of the applicable | 27440 |
| amount established in division (F)(1) of this section. | 27441 |
| (2) Incinerators | 27442 |
| Input capacity (pounds per hour) | Permit to install | 27443 |
| 0 to 100 | $ 100 | 27444 | |||
| 101 to 500 | 400 | 27445 | |||
| 501 to 2000 | 750 | 27446 | |||
| 2001 to 20,000 | 1000 | 27447 | |||
| more than 20,000 | 2500 | 27448 | |||
| (3)(a) Process | 27449 |
| Process weight rate (pounds per hour) | Permit to install | 27450 |
| 0 to 1000 | $ 200 | 27451 | |||
| 1001 to 5000 | 400 | 27452 | |||
| 5001 to 10,000 | 600 | 27453 | |||
| 10,001 to 50,000 | 800 | 27454 | |||
| more than 50,000 | 1000 | 27455 | |||
| In any process where process weight rate cannot be | 27456 |
| ascertained, the minimum fee shall be assessed. | 27457 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 27458 |
| person issued a permit to install pursuant to rules adopted under | 27459 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 27460 |
| fees established in division (B)(3)(c) of this section for a | 27461 |
| process used in any of the following industries, as identified by | 27462 |
| the applicable four-digit standard industrial classification code | 27463 |
| according to the Standard Industrial Classification Manual | 27464 |
| published by the United States office of management and budget in | 27465 |
| the executive office of the president, 1972, as revised: | 27466 |
| 1211 Bituminous coal and lignite mining; | 27467 |
| 1213 Bituminous coal and lignite mining services; | 27468 |
| 1411 Dimension stone; | 27469 |
| 1422 Crushed and broken limestone; | 27470 |
| 1427 Crushed and broken stone, not elsewhere classified; | 27471 |
| 1442 Construction sand and gravel; | 27472 |
| 1446 Industrial sand; | 27473 |
| 3281 Cut stone and stone products; | 27474 |
| 3295 Minerals and earth, ground or otherwise treated. | 27475 |
| (c) The fees established in the following schedule apply to | 27476 |
| the issuance of a permit to install pursuant to rules adopted | 27477 |
| under division (F) of section 3704.03 of the Revised Code for a | 27478 |
| process listed in division (B)(3)(b) of this section: | 27479 |
| Process weight rate (pounds per hour) | Permit to install | 27480 |
| 0 to 1000 | $ 200 | 27481 | |
| 10,001 to 50,000 | 300 | 27482 | |
| 50,001 to 100,000 | 400 | 27483 | |
| 100,001 to 200,000 | 500 | 27484 | |
| 200,001 to 400,000 | 600 | 27485 | |
| 400,001 or more | 700 | 27486 |
| (4) Storage tanks | 27487 |
| Gallons (maximum useful capacity) | Permit to install | 27488 |
| 0 to 20,000 | $ 100 | 27489 | |||
| 20,001 to 40,000 | 150 | 27490 | |||
| 40,001 to 100,000 | 200 | 27491 | |||
| 100,001 to 250,000 | 250 | 27492 | |||
| 250,001 to 500,000 | 350 | 27493 | |||
| 500,001 to 1,000,000 | 500 | 27494 | |||
| 1,000,001 or greater | 750 | 27495 | |||
| (5) Gasoline/fuel dispensing facilities | 27496 |
| For each gasoline/fuel dispensing | Permit to install | 27497 | |||
| facility | $ 100 | 27498 | |||
| (6) Dry cleaning facilities | 27499 |
| For each dry cleaning facility | Permit to install | 27500 | |||
| (includes all units at the facility) | $ 100 | 27501 | |||
| (7) Registration status | 27502 |
| For each source covered | Permit to install | 27503 | |||
| by registration status | $ 75 | 27504 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 27505 |
| this section, beginning July 1, 1994, each person who owns or | 27506 |
| operates an air contaminant source and who is required to apply | 27507 |
| for and obtain a Title V permit under section 3704.036 of the | 27508 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 27509 |
| this section. For the purposes of that division, total emissions | 27510 |
| of air contaminants may be calculated using engineering | 27511 |
| calculations, emissions factors, material balance calculations, or | 27512 |
| performance testing procedures, as authorized by the director. | 27513 |
| The following fees shall be assessed on the total actual | 27514 |
| emissions from a source in tons per year of the regulated | 27515 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 27516 |
| organic compounds, and lead: | 27517 |
| (a) Fifteen dollars per ton on the total actual emissions of | 27518 |
| each such regulated pollutant during the period July through | 27519 |
| December 1993, to be collected no sooner than July 1, 1994; | 27520 |
| (b) Twenty dollars per ton on the total actual emissions of | 27521 |
| each such regulated pollutant during calendar year 1994, to be | 27522 |
| collected no sooner than April 15, 1995; | 27523 |
| (c) Twenty-five dollars per ton on the total actual emissions | 27524 |
| of each such regulated pollutant in calendar year 1995, and each | 27525 |
| subsequent calendar year, to be collected no sooner than the | 27526 |
| fifteenth day of April of the year next succeeding the calendar | 27527 |
| year in which the emissions occurred. | 27528 |
| The fees levied under division (C)(1) of this section do not | 27529 |
| apply to that portion of the emissions of a regulated pollutant at | 27530 |
| a facility that exceed four thousand tons during a calendar year. | 27531 |
| (2) The fees assessed under division (C)(1) of this section | 27532 |
| are for the purpose of providing funding for the Title V permit | 27533 |
| program. | 27534 |
| (3) The fees assessed under division (C)(1) of this section | 27535 |
| do not apply to emissions from any electric generating unit | 27536 |
| designated as a Phase I unit under Title IV of the federal Clean | 27537 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 27538 |
| on the emissions from such a generating unit commencing in | 27539 |
| calendar year 2001 based upon the total actual emissions from the | 27540 |
| generating unit during calendar year 2000 and shall continue to be | 27541 |
| assessed each subsequent calendar year based on the total actual | 27542 |
| emissions from the generating unit during the preceding calendar | 27543 |
| year. | 27544 |
| (4) The director shall issue invoices to owners or operators | 27545 |
| of air contaminant sources who are required to pay a fee assessed | 27546 |
| under division (C) or (D) of this section. Any such invoice shall | 27547 |
| be issued no sooner than the applicable date when the fee first | 27548 |
| may be collected in a year under the applicable division, shall | 27549 |
| identify the nature and amount of the fee assessed, and shall | 27550 |
| indicate that the fee is required to be paid within thirty days | 27551 |
| after the issuance of the invoice. | 27552 |
| (D)(1) Except as provided in division (D)(3) of this section, | 27553 |
| from January 1, 1994, through December 31, 2003, each person who | 27554 |
| owns or operates an air contaminant source; who is required to | 27555 |
| apply for a permit to operate pursuant to rules adopted under | 27556 |
| division (G), or a variance pursuant to division (H), of section | 27557 |
| 3704.03 of the Revised Code; and who is not required to apply for | 27558 |
| and obtain a Title V permit under section 3704.036 of the Revised | 27559 |
| Code shall pay a single fee based upon the sum of the actual | 27560 |
| annual emissions from the facility of the regulated pollutants | 27561 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 27562 |
| compounds, and lead in accordance with the following schedule: | 27563 |
| Total tons per year | 27564 | |||||
| of regulated pollutants | Annual fee | 27565 | ||||
| emitted | per facility | 27566 | ||||
| More than 0, but less than 50 | $ 75 | 27567 | ||||
| 50 or more, but less than 100 | 300 | 27568 | ||||
| 100 or more | 700 | 27569 |
| (2) Except as provided in division (D)(3) of this section, | 27570 |
| beginning January 1, 2004, each person who owns or operates an air | 27571 |
| contaminant source; who is required to apply for a permit to | 27572 |
| operate pursuant to rules adopted under division (G), or a | 27573 |
| variance pursuant to division (H), of section 3704.03 of the | 27574 |
| Revised Code; and who is not required to apply for and obtain a | 27575 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 27576 |
| a single fee based upon the sum of the actual annual emissions | 27577 |
| from the facility of the regulated pollutants particulate matter, | 27578 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 27579 |
| accordance with the following schedule: | 27580 |
| Total tons per year | 27581 | |||||
| of regulated pollutants | Annual fee | 27582 | ||||
| emitted | per facility | 27583 | ||||
| More than 0, but less than 10 | $ 100 | 27584 | ||||
| 10 or more, but less than 50 | 200 | 27585 | ||||
| 50 or more, but less than 100 | 300 | 27586 | ||||
| 100 or more | 700 | 27587 |
| (3)(a) As used in division (D) of this section, "synthetic | 27588 |
| minor facility" means a facility for which one or more permits to | 27589 |
| install or permits to operate have been issued for the air | 27590 |
| contaminant sources at the facility that include terms and | 27591 |
| conditions that lower the facility's potential to emit air | 27592 |
| contaminants below the major source thresholds established in | 27593 |
| rules adopted under section 3704.036 of the Revised Code. | 27594 |
| (b) Beginning January 1, 2000, through June 30,
| 27595 |
| each person who owns or operates a synthetic minor facility shall | 27596 |
| pay an annual fee based on the sum of the actual annual emissions | 27597 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 27598 |
| dioxide, organic compounds, and lead in accordance with the | 27599 |
| following schedule: | 27600 |
| Combined total tons | 27601 | ||||
| per year of all regulated | Annual fee | 27602 | |||
| pollutants emitted | per facility | 27603 |
| Less than 10 | $ 170 | 27604 | |||
| 10 or more, but less than 20 | 340 | 27605 | |||
| 20 or more, but less than 30 | 670 | 27606 | |||
| 30 or more, but less than 40 | 1,010 | 27607 | |||
| 40 or more, but less than 50 | 1,340 | 27608 | |||
| 50 or more, but less than 60 | 1,680 | 27609 | |||
| 60 or more, but less than 70 | 2,010 | 27610 | |||
| 70 or more, but less than 80 | 2,350 | 27611 | |||
| 80 or more, but less than 90 | 2,680 | 27612 | |||
| 90 or more, but less than 100 | 3,020 | 27613 | |||
| 100 or more | 3,350 | 27614 |
| (4) The fees assessed under division (D)(1) of this section | 27615 |
| shall be collected annually no sooner than the fifteenth day of | 27616 |
| April, commencing in 1995. The fees assessed under division (D)(2) | 27617 |
| of this section shall be collected annually no sooner than the | 27618 |
| fifteenth day of April, commencing in 2005. The fees assessed | 27619 |
| under division (D)(3) of this section shall be collected no sooner | 27620 |
| than the fifteenth day of April, commencing in 2000. The fees | 27621 |
| assessed under division (D) of this section in a calendar year | 27622 |
| shall be based upon the sum of the actual emissions of those | 27623 |
| regulated pollutants during the preceding calendar year. For the | 27624 |
| purpose of division (D) of this section, emissions of air | 27625 |
| contaminants may be calculated using engineering calculations, | 27626 |
| emission factors, material balance calculations, or performance | 27627 |
| testing procedures, as authorized by the director. The director, | 27628 |
| by rule, may require persons who are required to pay the fees | 27629 |
| assessed under division (D) of this section to pay those fees | 27630 |
| biennially rather than annually. | 27631 |
| (E)(1) Consistent with the need to cover the reasonable costs | 27632 |
| of the Title V permit program, the director annually shall | 27633 |
| increase the fees prescribed in division (C)(1) of this section by | 27634 |
| the percentage, if any, by which the consumer price index for the | 27635 |
| most recent calendar year ending before the beginning of a year | 27636 |
| exceeds the consumer price index for calendar year 1989. Upon | 27637 |
| calculating an increase in fees authorized by division (E)(1) of | 27638 |
| this section, the director shall compile revised fee schedules for | 27639 |
| the purposes of division (C)(1) of this section and shall make the | 27640 |
| revised schedules available to persons required to pay the fees | 27641 |
| assessed under that division and to the public. | 27642 |
| (2) For the purposes of division (E)(1) of this section: | 27643 |
| (a) The consumer price index for any year is the average of | 27644 |
| the consumer price index for all urban consumers published by the | 27645 |
| United States department of labor as of the close of the | 27646 |
| twelve-month period ending on the thirty-first day of August of | 27647 |
| that year. | 27648 |
| (b) If the 1989 consumer price index is revised, the director | 27649 |
| shall use the revision of the consumer price index that is most | 27650 |
| consistent with that for calendar year 1989. | 27651 |
| (F) Each person who is issued a permit to install pursuant to | 27652 |
| rules adopted under division (F) of section 3704.03 of the Revised | 27653 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 27654 |
| following schedules: | 27655 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 27656 |
| heaters used in the process of burning fuel for the primary | 27657 |
| purpose of producing heat or power by indirect heat transfer) | 27658 |
| Input capacity (maximum) | 27659 | ||
| (million British thermal units per hour) | Permit to install | 27660 | |
| Greater than 0, but less than 10 | $ 200 | 27661 | |
| 10 or more, but less than 100 | 400 | 27662 | |
| 100 or more, but less than 300 | 1000 | 27663 | |
| 300 or more, but less than 500 | 2250 | 27664 | |
| 500 or more, but less than 1000 | 3750 | 27665 | |
| 1000 or more, but less than 5000 | 6000 | 27666 | |
| 5000 or more | 9000 | 27667 |
| Units burning exclusively natural gas, number two fuel oil, | 27668 |
| or both shall be assessed a fee that is one-half the applicable | 27669 |
| amount shown in division (F)(1) of this section. | 27670 |
| (2) Combustion turbines and stationary internal combustion | 27671 |
| engines designed to generate electricity | 27672 |
| Generating capacity (mega watts) | Permit to install | 27673 | |
| 0 or more, but less than 10 | $ 25 | 27674 | |
| 10 or more, but less than 25 | 150 | 27675 | |
| 25 or more, but less than 50 | 300 | 27676 | |
| 50 or more, but less than 100 | 500 | 27677 | |
| 100 or more, but less than 250 | 1000 | 27678 | |
| 250 or more | 2000 | 27679 |
| (3) Incinerators | 27680 |
| Input capacity (pounds per hour) | Permit to install | 27681 | |
| 0 to 100 | $ 100 | 27682 | |
| 101 to 500 | 500 | 27683 | |
| 501 to 2000 | 1000 | 27684 | |
| 2001 to 20,000 | 1500 | 27685 | |
| more than 20,000 | 3750 | 27686 |
| (4)(a) Process | 27687 |
| Process weight rate (pounds per hour) | Permit to install | 27688 | |
| 0 to 1000 | $ 200 | 27689 | |
| 1001 to 5000 | 500 | 27690 | |
| 5001 to 10,000 | 750 | 27691 | |
| 10,001 to 50,000 | 1000 | 27692 | |
| more than 50,000 | 1250 | 27693 |
| In any process where process weight rate cannot be | 27694 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 27695 |
| combustion turbine, stationary internal combustion engine, or | 27696 |
| process heater designed to provide direct heat or power to a | 27697 |
| process not designed to generate electricity shall be assessed a | 27698 |
| fee established in division (F)(4)(a) of this section. A | 27699 |
| combustion turbine or stationary internal combustion engine | 27700 |
| designed to generate electricity shall be assessed a fee | 27701 |
| established in division (F)(2) of this section. | 27702 |
| (b) Notwithstanding division (F) | 27703 |
| any person issued a permit to install pursuant to rules adopted | 27704 |
| under division (F) of section 3704.03 of the Revised Code shall | 27705 |
|
pay the
fees set forth in division (F) | 27706 |
| for a process used in any of the following industries, as | 27707 |
| identified by the applicable two-digit, three-digit, or four-digit | 27708 |
| standard industrial classification code according to the Standard | 27709 |
| Industrial Classification Manual published by the United States | 27710 |
| office of management and budget in the executive office of the | 27711 |
| president, | 27712 |
| | 27713 |
| | 27714 |
| | 27715 |
| | 27716 |
| | 27717 |
| | 27718 |
| | 27719 |
| Major group 12, coal mining; | 27720 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 27721 |
| Industry group 204, grain mill products; | 27722 |
| 2873 Nitrogen fertilizers; | 27723 |
| 2874 Phosphatic fertilizers; | 27724 |
| 3281 Cut stone and stone products; | 27725 |
| 3295 Minerals and earth, ground or otherwise treated; | 27726 |
| 4221 Grain elevators (storage only); | 27727 |
| 5159 Farm related raw materials; | 27728 |
| 5261 Retail nurseries and lawn and garden supply stores. | 27729 |
| (c) The fees set forth in the following schedule apply to the | 27730 |
| issuance of a permit to install pursuant to rules adopted under | 27731 |
| division (F) of section 3704.03 of the Revised Code for a process | 27732 |
| identified in division (F) | 27733 |
| Process weight rate (pounds per hour) | Permit to install | 27734 | ||||
| 0 to 10,000 | $ 200 | 27735 | ||||
| 10,001 to 50,000 | 400 | 27736 | ||||
| 50,001 to 100,000 | 500 | 27737 | ||||
| 100,001 to 200,000 | 600 | 27738 | ||||
| 200,001 to 400,000 | 750 | 27739 | ||||
| 400,001 or more | 900 | 27740 |
| (5) Storage tanks | 27741 |
| Gallons (maximum useful capacity) | Permit to install | 27742 | ||||
| 0 to 20,000 | $ 100 | 27743 | ||||
| 20,001 to 40,000 | 150 | 27744 | ||||
| 40,001 to 100,000 | 250 | 27745 | ||||
| 100,001 to 500,000 | 400 | 27746 | ||||
| 500,001 or greater | 750 | 27747 |
| (6) Gasoline/fuel dispensing facilities | 27748 |
| For each gasoline/fuel | 27749 | |||||
| dispensing facility (includes all | Permit to install | 27750 | ||||
| units at the facility) | $ 100 | 27751 | ||||
| (7) Dry cleaning facilities | 27752 |
| For each dry cleaning | 27753 | |||||
| facility (includes all units | Permit to install | 27754 | ||||
| at the facility) | $ 100 | 27755 | ||||
| (8) Registration status | 27756 |
| For each source covered | Permit to install | 27757 | ||||
| by registration status | $ 75 | 27758 | ||||
| (G) An owner or operator who is responsible for an asbestos | 27759 |
| demolition or renovation project pursuant to rules adopted under | 27760 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 27761 |
| in the following schedule: | 27762 |
| Action | Fee | 27763 | ||||
| Each notification | $75 | 27764 | ||||
| Asbestos removal | $3/unit | 27765 | ||||
| Asbestos cleanup | $4/cubic yard | 27766 |
| For purposes of this division, "unit" means any combination of | 27767 |
| linear feet or square feet equal to fifty. | 27768 |
| (H) A person who is issued an extension of time for a permit | 27769 |
| to install an air contaminant source pursuant to rules adopted | 27770 |
| under division (F) of section 3704.03 of the Revised Code shall | 27771 |
| pay a fee equal to one-half the fee originally assessed for the | 27772 |
| permit to install under this section, except that the fee for such | 27773 |
| an extension shall not exceed two hundred dollars. | 27774 |
| (I) A person who is issued a modification to a permit to | 27775 |
| install an air contaminant source pursuant to rules adopted under | 27776 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 27777 |
| one-half of the fee that would be assessed under this section to | 27778 |
| obtain a permit to install the source. The fee assessed by this | 27779 |
| division only applies to modifications that are initiated by the | 27780 |
| owner or operator of the source and shall not exceed two thousand | 27781 |
| dollars. | 27782 |
| (J) Notwithstanding division (B) or (F) of this section, a | 27783 |
| person who applies for or obtains a permit to install pursuant to | 27784 |
| rules adopted under division (F) of section 3704.03 of the Revised | 27785 |
| Code after the date actual construction of the source began shall | 27786 |
| pay a fee for the permit to install that is equal to twice the fee | 27787 |
| that otherwise would be assessed under the applicable division | 27788 |
| unless the applicant received authorization to begin construction | 27789 |
| under division (W) of section 3704.03 of the Revised Code. This | 27790 |
| division only applies to sources for which actual construction of | 27791 |
| the source begins on or after July 1, 1993. The imposition or | 27792 |
| payment of the fee established in this division does not preclude | 27793 |
| the director from taking any administrative or judicial | 27794 |
| enforcement action under this chapter, Chapter 3704., 3714., | 27795 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 27796 |
| of them, in connection with a violation of rules adopted under | 27797 |
| division (F) of section 3704.03 of the Revised Code. | 27798 |
| As used in this division, "actual construction of the source" | 27799 |
| means the initiation of physical on-site construction activities | 27800 |
| in connection with improvements to the source that are permanent | 27801 |
| in nature, including, without limitation, the installation of | 27802 |
| building supports and foundations and the laying of underground | 27803 |
| pipework. | 27804 |
| (K) Fifty cents per ton of each fee assessed under division | 27805 |
| (C) of this section on actual emissions from a source and received | 27806 |
| by the environmental protection agency pursuant to that division | 27807 |
| shall be deposited into the state treasury to the credit of the | 27808 |
| small business assistance fund created in section 3706.19 of the | 27809 |
| Revised Code. The remainder of the moneys received by the division | 27810 |
| pursuant to that division and moneys received by the agency | 27811 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 27812 |
| section shall be deposited in the state treasury to the credit of | 27813 |
| the clean air fund created in section 3704.035 of the Revised | 27814 |
| Code. | 27815 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 27816 |
| or (c) of this section, a person issued a water discharge permit | 27817 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 27818 |
| of the Revised Code shall pay a fee based on each point source to | 27819 |
| which the issuance is applicable in accordance with the following | 27820 |
| schedule: | 27821 |
| Design flow discharge (gallons per day) | Fee | 27822 | ||||
| 0 to 1000 | $ 0 | 27823 | ||||
| 1,001 to 5000 | 100 | 27824 | ||||
| 5,001 to 50,000 | 200 | 27825 | ||||
| 50,001 to 100,000 | 300 | 27826 | ||||
| 100,001 to 300,000 | 525 | 27827 | ||||
| over 300,000 | 750 | 27828 |
| (b) Notwithstanding the fee schedule specified in division | 27829 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 27830 |
| that is applicable to coal mining operations regulated under | 27831 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 27832 |
| dollars per mine. | 27833 |
| (c) Notwithstanding the fee schedule specified in division | 27834 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 27835 |
| for a public discharger identified by I in the third character of | 27836 |
| the permittee's NPDES permit number shall not exceed seven hundred | 27837 |
| fifty dollars. | 27838 |
| (2) A person applying for a plan approval for a wastewater | 27839 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 27840 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 27841 |
| sixty-five one-hundredths of one per cent of the estimated project | 27842 |
|
cost through June 30,
| 27843 |
| two-tenths of one per cent of the estimated project cost on and | 27844 |
|
after July 1,
| 27845 |
|
exceed
fifteen thousand dollars through June 30,
| 27846 |
|
five
thousand
dollars on and after July 1,
| 27847 |
| shall be paid at the time the application is submitted. | 27848 |
| (3) A person issued a modification of a water discharge | 27849 |
| permit shall pay a fee equal to one-half the fee that otherwise | 27850 |
| would be charged for a water discharge permit, except that the fee | 27851 |
| for the modification shall not exceed four hundred dollars. | 27852 |
| (4) A person who has entered into an agreement with the | 27853 |
| director under section 6111.14 of the Revised Code shall pay an | 27854 |
| administrative service fee for each plan submitted under that | 27855 |
| section for approval that shall not exceed the minimum amount | 27856 |
| necessary to pay administrative costs directly attributable to | 27857 |
| processing plan approvals. The director annually shall calculate | 27858 |
| the fee and shall notify all persons who have entered into | 27859 |
| agreements under that section, or who have applied for agreements, | 27860 |
| of the amount of the fee. | 27861 |
| (5)(a)(i) Not later than January 30,
| 27862 |
|
30,
| 27863 |
| pursuant to Chapter 6111. of the Revised Code with an average | 27864 |
| daily discharge flow of five thousand gallons or more shall pay a | 27865 |
| nonrefundable annual discharge fee. Any person who fails to pay | 27866 |
| the fee at that time shall pay an additional amount that equals | 27867 |
| ten per cent of the required annual discharge fee. | 27868 |
| (ii) The billing year for the annual discharge fee | 27869 |
| established in division (L)(5)(a)(i) of this section shall consist | 27870 |
| of a twelve-month period beginning on the first day of January of | 27871 |
| the year preceding the date when the annual discharge fee is due. | 27872 |
| In the case of an existing source that permanently ceases to | 27873 |
| discharge during a billing year, the director shall reduce the | 27874 |
| annual discharge fee, including the surcharge applicable to | 27875 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 27876 |
| this section, by one-twelfth for each full month during the | 27877 |
| billing year that the source was not discharging, but only if the | 27878 |
| person holding the NPDES discharge permit for the source notifies | 27879 |
| the director in writing, not later than the first day of October | 27880 |
| of the billing year, of the circumstances causing the cessation of | 27881 |
| discharge. | 27882 |
| (iii) The annual discharge fee established in division | 27883 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 27884 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 27885 |
| this section, shall be based upon the average daily discharge flow | 27886 |
| in gallons per day calculated using first day of May through | 27887 |
| thirty-first day of October flow data for the period two years | 27888 |
| prior to the date on which the fee is due. In the case of NPDES | 27889 |
| discharge permits for new sources, the fee shall be calculated | 27890 |
| using the average daily design flow of the facility until actual | 27891 |
| average daily discharge flow values are available for the time | 27892 |
| period specified in division (L)(5)(a)(iii) of this section. The | 27893 |
| annual discharge fee may be prorated for a new source as described | 27894 |
| in division (L)(5)(a)(ii) of this section. | 27895 |
| (b) An NPDES permit holder that is a public discharger shall | 27896 |
| pay the fee specified in the following schedule: | 27897 |
| Average daily | Fee due by | 27898 | ||||
| discharge flow | January 30, | 27899 | ||||
| |
27900 | |||||
| January 30, |
27901 |
| 5,000 to 49,999 | $ 200 | 27902 | ||||
| 50,000 to 100,000 | 500 | 27903 | ||||
| 100,001 to 250,000 | 1,050 | 27904 | ||||
| 250,001 to 1,000,000 | 2,600 | 27905 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 27906 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 27907 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 27908 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 27909 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 27910 | ||||
| 100,000,001 or more | 62,100 | 27911 |
| Public dischargers owning or operating two or more publicly | 27912 |
| owned treatment works serving the same political subdivision, as | 27913 |
| "treatment works" is defined in section 6111.01 of the Revised | 27914 |
| Code, and that serve exclusively political subdivisions having a | 27915 |
| population of fewer than one hundred thousand shall pay an annual | 27916 |
| discharge fee under division (L)(5)(b) of this section that is | 27917 |
| based on the combined average daily discharge flow of the | 27918 |
| treatment works. | 27919 |
| (c) An NPDES permit holder that is an industrial discharger, | 27920 |
| other than a coal mining operator identified by P in the third | 27921 |
| character of the permittee's NPDES permit number, shall pay the | 27922 |
| fee specified in the following schedule: | 27923 |
| Average daily | Fee due by | 27924 | ||||
| discharge flow | January 30, | 27925 | ||||
| |
27926 | |||||
| January 30, |
27927 |
| 5,000 to 49,999 | $ 250 | 27928 | ||||
| 50,000 to 250,000 | 1,200 | 27929 | ||||
| 250,001 to 1,000,000 | 2,950 | 27930 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 27931 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 27932 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 27933 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 27934 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 27935 | ||||
| 250,000,001 or more | 18,700 | 27936 |
| In addition to the fee specified in the above schedule, an | 27937 |
| NPDES permit holder that is an industrial discharger classified as | 27938 |
| a major discharger during all or part of the annual discharge fee | 27939 |
| billing year specified in division (L)(5)(a)(ii) of this section | 27940 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 27941 |
|
hundred
dollars not later than
January 30,
| 27942 |
| later
than
January 30, | 27943 |
| surcharge at that time shall pay an additional amount that equals | 27944 |
| ten per cent of the amount of the surcharge. | 27945 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 27946 |
| section, a public discharger identified by I in the third | 27947 |
| character of the permittee's NPDES permit number and an industrial | 27948 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 27949 |
| character of the permittee's NPDES permit number shall pay a | 27950 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 27951 |
|
not later than
January 30,
| 27952 |
|
30,
| 27953 |
| shall pay an additional amount that equals ten per cent of the | 27954 |
| required fee. | 27955 |
| (6) Each person obtaining a national pollutant discharge | 27956 |
| elimination system general or individual permit for municipal | 27957 |
| storm water discharge shall pay a nonrefundable storm water | 27958 |
| discharge fee of one hundred dollars per square mile of area | 27959 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 27960 |
| be payable on or before January 30, 2004, and the thirtieth day of | 27961 |
| January of each year thereafter. Any person who fails to pay the | 27962 |
| fee on the date specified in division (L)(6) of this section shall | 27963 |
| pay an additional amount per year equal to ten per cent of the | 27964 |
| annual fee that is unpaid. | 27965 |
| (7) The director shall transmit all moneys collected under | 27966 |
| division (L) of this section to the treasurer of state for deposit | 27967 |
| into the state treasury to the credit of the surface water | 27968 |
| protection fund created in section 6111.038 of the Revised Code. | 27969 |
| (8) As used in division (L) of this section: | 27970 |
| (a) "NPDES" means the federally approved national pollutant | 27971 |
| discharge elimination system program for issuing, modifying, | 27972 |
| revoking, reissuing, terminating, monitoring, and enforcing | 27973 |
| permits and imposing and enforcing pretreatment requirements under | 27974 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 27975 |
| (b) "Public discharger" means any holder of an NPDES permit | 27976 |
| identified by P in the second character of the NPDES permit number | 27977 |
| assigned by the director. | 27978 |
| (c) "Industrial discharger" means any holder of an NPDES | 27979 |
| permit identified by I in the second character of the NPDES permit | 27980 |
| number assigned by the director. | 27981 |
| (d) "Major discharger" means any holder of an NPDES permit | 27982 |
| classified as major by the regional administrator of the United | 27983 |
| States environmental protection agency in conjunction with the | 27984 |
| director. | 27985 |
| (M) Through June 30,
| 27986 |
| license or license renewal to operate a public water system under | 27987 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 27988 |
| established under this division at the time of application to the | 27989 |
| director. Any person who fails to pay the fee at that time shall | 27990 |
| pay an additional amount that equals ten per cent of the required | 27991 |
| fee. The director shall transmit all moneys collected under this | 27992 |
| division to the treasurer of state for deposit into the drinking | 27993 |
| water protection fund created in section 6109.30 of the Revised | 27994 |
| Code. | 27995 |
| Except as provided in division (M)(4) of this section, fees | 27996 |
| required under this division shall be calculated and paid in | 27997 |
| accordance with the following schedule: | 27998 |
| (1) For the initial license required under division (A)(1) of | 27999 |
| section 6109.21 of the Revised Code for any public water system | 28000 |
| that is a community water system as defined in section 6109.01 of | 28001 |
| the Revised Code, and for each license renewal required for such a | 28002 |
|
system prior to January 31,
| 28003 |
| Number of service connections | Fee amount | 28004 | |||
| Not more than 49 | $ 112 | 28005 | |||
| 50 to 99 | 176 | 28006 |
| Number of service connections | Average cost per connection | 28007 | ||||
| 100 to 2,499 | $ 1.92 | 28008 | ||||
| 2,500 to 4,999 | 1.48 | 28009 | ||||
| 5,000 to 7,499 | 1.42 | 28010 | ||||
| 7,500 to 9,999 | 1.34 | 28011 | ||||
| 10,000 to 14,999 | 1.16 | 28012 | ||||
| 15,000 to 24,999 | 1.10 | 28013 | ||||
| 25,000 to 49,999 | 1.04 | 28014 | ||||
| 50,000 to 99,999 | .92 | 28015 | ||||
| 100,000 to 149,999 | .86 | 28016 | ||||
| 150,000 to 199,999 | .80 | 28017 | ||||
| 200,000 or more | .76 | 28018 |
| A public water system may determine how it will pay the total | 28019 |
| amount of the fee calculated under division (M)(1) of this | 28020 |
| section, including the assessment of additional user fees that may | 28021 |
| be assessed on a volumetric basis. | 28022 |
| As used in division (M)(1) of this section, "service | 28023 |
| connection" means the number of active or inactive pipes, | 28024 |
| goosenecks, pigtails, and any other fittings connecting a water | 28025 |
| main to any building outlet. | 28026 |
| (2) For the initial license required under division (A)(2) of | 28027 |
| section 6109.21 of the Revised Code for any public water system | 28028 |
| that is not a community water system and serves a nontransient | 28029 |
| population, and for each license renewal required for such a | 28030 |
|
system prior to January 31,
| 28031 |
| Population served | Fee amount | 28032 | ||||
| Fewer than 150 | $ 112 | 28033 | ||||
| 150 to 299 | 176 | 28034 | ||||
| 300 to 749 | 384 | 28035 | ||||
| 750 to 1,499 | 628 | 28036 | ||||
| 1,500 to 2,999 | 1,268 | 28037 | ||||
| 3,000 to 7,499 | 2,816 | 28038 | ||||
| 7,500 to 14,999 | 5,510 | 28039 | ||||
| 15,000 to 22,499 | 9,048 | 28040 | ||||
| 22,500 to 29,999 | 12,430 | 28041 | ||||
| 30,000 or more | 16,820 | 28042 |
| As used in division (M)(2) of this section, "population | 28043 |
| served" means the total number of individuals receiving water from | 28044 |
| the water supply during a twenty-four-hour period for at least | 28045 |
| sixty days during any calendar year. In the absence of a specific | 28046 |
| population count, that number shall be calculated at the rate of | 28047 |
| three individuals per service connection. | 28048 |
| (3) For the initial license required under division (A)(3) of | 28049 |
| section 6109.21 of the Revised Code for any public water system | 28050 |
| that is not a community water system and serves a transient | 28051 |
| population, and for each license renewal required for such a | 28052 |
|
system prior to January 31,
| 28053 |
| Number of wells supplying system | Fee amount | 28054 | ||||
| 1 | $112 | 28055 | ||||
| 2 | 112 | 28056 | ||||
| 3 | 176 | 28057 | ||||
| 4 | 278 | 28058 | ||||
| 5 | 568 | 28059 | ||||
| System designated as using a | 28060 | |||||
| surface water source | 792 | 28061 |
| As used in division (M)(3) of this section, "number of wells | 28062 |
| supplying system" means those wells that are physically connected | 28063 |
| to the plumbing system serving the public water system. | 28064 |
| (4) A public water system designated as using a surface water | 28065 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 28066 |
| amount calculated under division (M)(1) or (2) of this section, | 28067 |
| whichever is greater. | 28068 |
| (N)(1) A person applying for a plan approval for a public | 28069 |
| water supply system under section 6109.07 of the Revised Code | 28070 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 28071 |
| hundredths of one per cent of the estimated project cost, except | 28072 |
| that the total fee shall not exceed twenty thousand dollars | 28073 |
| through June 30,
| 28074 |
| after July 1,
| 28075 |
| application is submitted. | 28076 |
| (2) A person who has entered into an agreement with the | 28077 |
| director under division (A)(2) of section 6109.07 of the Revised | 28078 |
| Code shall pay an administrative service fee for each plan | 28079 |
| submitted under that section for approval that shall not exceed | 28080 |
| the minimum amount necessary to pay administrative costs directly | 28081 |
| attributable to processing plan approvals. The director annually | 28082 |
| shall calculate the fee and shall notify all persons that have | 28083 |
| entered into agreements under that division, or who have applied | 28084 |
| for agreements, of the amount of the fee. | 28085 |
| (3) Through June 30,
| 28086 |
| survey basis, shall be charged any person for services rendered by | 28087 |
| the state in the evaluation of laboratories and laboratory | 28088 |
| personnel for compliance with accepted analytical techniques and | 28089 |
| procedures established pursuant to Chapter 6109. of the Revised | 28090 |
| Code for determining the qualitative characteristics of water: | 28091 |
| microbiological | 28092 | ||||||
| MMO-MUG | $2,000 | 28093 | |||||
| MF | 2,100 | 28094 | |||||
| MMO-MUG and MF | 2,550 | 28095 | |||||
| organic chemical | 5,400 | 28096 | |||||
| trace metals | 5,400 | 28097 | |||||
| standard chemistry | 2,800 | 28098 | |||||
| limited chemistry | 1,550 | 28099 | |||||
| On and after July 1,
| 28100 |
| survey basis, shall be charged any such person: | 28101 |
| microbiological | $ 1,650 | 28102 | ||||
| organic chemicals | 3,500 | 28103 | ||||
| trace metals | 3,500 | 28104 | ||||
| standard chemistry | 1,800 | 28105 | ||||
| limited chemistry | 1,000 | 28106 |
| The fee for those services shall be paid at the time the request | 28107 |
|
for the survey is made. Through June 30,
| 28108 |
| laboratory shall not be assessed a fee under this division more | 28109 |
| than once in any three-year period unless the person requests the | 28110 |
| addition of analytical methods or analysts, in which case the | 28111 |
| person shall pay eighteen hundred dollars for each additional | 28112 |
| survey requested. | 28113 |
| As used in division (N)(3) of this section: | 28114 |
| (a) "MF" means microfiltration. | 28115 |
| (b) "MMO" means minimal medium ONPG. | 28116 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 28117 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 28118 |
| The director shall transmit all moneys collected under this | 28119 |
| division to the treasurer of state for deposit into the drinking | 28120 |
| water protection fund created in section 6109.30 of the Revised | 28121 |
| Code. | 28122 |
| (O) Any | 28123 |
| 28124 | |
| 28125 | |
| 28126 | |
| 28127 | |
| 28128 | |
| 28129 | |
| 28130 |
| 28131 | ||||||
| 28132 | ||||||
| 28133 | ||||||
| 28134 |
| | 28135 |
| director for examination for certification as an operator of a | 28136 |
| water supply system or wastewater system under Chapter 6109. or | 28137 |
| 6111. of the Revised Code, at the time the application is | 28138 |
| submitted, shall pay an application fee of forty-five dollars | 28139 |
| through November 30, | 28140 |
| after December 1, | 28141 |
| the applicant is eligible to take the examination therefor, the | 28142 |
| applicant shall pay a fee in accordance with the following | 28143 |
| schedule through November 30, | 28144 |
| Class A operator | $35 | 28145 | ||||
| Class I operator | 60 | 28146 | ||||
| Class II operator | 75 | 28147 | ||||
| Class III operator | 85 | 28148 | ||||
| Class IV operator | 100 | 28149 |
| On and after December 1,
| 28150 |
| fee in accordance with the following schedule: | 28151 |
| Class A operator | $25 | 28152 | ||||
| Class I operator | $45 | 28153 | ||||
| Class II operator | 55 | 28154 | ||||
| Class III operator | 65 | 28155 | ||||
| Class IV operator | 75 | 28156 |
| A person shall pay a biennial certification renewal fee for | 28157 |
| each applicable class of certification in accordance with the | 28158 |
| following schedule: | 28159 |
| Class A operator | $25 | 28160 | ||||
| Class I operator | 35 | 28161 | ||||
| Class II operator | 45 | 28162 | ||||
| Class III operator | 55 | 28163 | ||||
| Class IV operator | 65 | 28164 |
| If a certification renewal fee is received by the director | 28165 |
| more than thirty days, but not more than one year after the | 28166 |
| expiration date of the certification, the person shall pay a | 28167 |
| certification renewal fee in accordance with the following | 28168 |
| schedule: | 28169 |
| Class A operator | $45 | 28170 | ||||
| Class I operator | 55 | 28171 | ||||
| Class II operator | 65 | 28172 | ||||
| Class III operator | 75 | 28173 | ||||
| Class IV operator | 85 | 28174 |
| A person who requests a replacement certificate shall pay a | 28175 |
| fee of twenty-five dollars at the time the request is made. | 28176 |
| The director shall transmit all moneys collected under this | 28177 |
| division to the treasurer of state for deposit into the drinking | 28178 |
| water protection fund created in section 6109.30 of the Revised | 28179 |
| Code. | 28180 |
| (P) Any person submitting an application for an industrial | 28181 |
| water pollution control certificate under section 6111.31 of the | 28182 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 28183 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 28184 |
| five hundred dollars at the time the application is submitted. The | 28185 |
| director shall transmit all moneys collected under this division | 28186 |
| to the treasurer of state for deposit into the surface water | 28187 |
| protection fund created in section 6111.038 of the Revised Code. A | 28188 |
| person paying a certificate fee under this division shall not pay | 28189 |
| an application fee under division (S)(1) of this section. On and | 28190 |
| after | 28191 |
| shall file such applications and pay the fee as required under | 28192 |
| sections 5709.20 to 5709.27 of the Revised Code, and proceeds from | 28193 |
| the fee shall be credited as provided in section 5709.212 of the | 28194 |
| Revised Code. | 28195 |
| (Q) Except as otherwise provided in division (R) of this | 28196 |
| section, a person issued a permit by the director for a new solid | 28197 |
| waste disposal facility other than an incineration or composting | 28198 |
| facility, a new infectious waste treatment facility other than an | 28199 |
| incineration facility, or a modification of such an existing | 28200 |
| facility that includes an increase in the total disposal or | 28201 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 28202 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 28203 |
| yards of disposal or treatment capacity, or one thousand dollars, | 28204 |
| whichever is greater, except that the total fee for any such | 28205 |
| permit shall not exceed eighty thousand dollars. A person issued a | 28206 |
| modification of a permit for a solid waste disposal facility or an | 28207 |
| infectious waste treatment facility that does not involve an | 28208 |
| increase in the total disposal or treatment capacity of the | 28209 |
| facility shall pay a fee of one thousand dollars. A person issued | 28210 |
| a permit to install a new, or modify an existing, solid waste | 28211 |
| transfer facility under that chapter shall pay a fee of two | 28212 |
| thousand five hundred dollars. A person issued a permit to install | 28213 |
| a new or to modify an existing solid waste incineration or | 28214 |
| composting facility, or an existing infectious waste treatment | 28215 |
| facility using incineration as its principal method of treatment, | 28216 |
| under that chapter shall pay a fee of one thousand dollars. The | 28217 |
| increases in the permit fees under this division resulting from | 28218 |
| the amendments made by Amended Substitute House Bill 592 of the | 28219 |
| 117th general assembly do not apply to any person who submitted an | 28220 |
| application for a permit to install a new, or modify an existing, | 28221 |
| solid waste disposal facility under that chapter prior to | 28222 |
| September 1, 1987; any such person shall pay the permit fee | 28223 |
| established in this division as it existed prior to June 24, 1988. | 28224 |
| In addition to the applicable permit fee under this division, a | 28225 |
| person issued a permit to install or modify a solid waste facility | 28226 |
| or an infectious waste treatment facility under that chapter who | 28227 |
| fails to pay the permit fee to the director in compliance with | 28228 |
| division (V) of this section shall pay an additional ten per cent | 28229 |
| of the amount of the fee for each week that the permit fee is | 28230 |
| late. | 28231 |
| Permit and late payment fees paid to the director under this | 28232 |
| division shall be credited to the general revenue fund. | 28233 |
| (R)(1) A person issued a registration certificate for a scrap | 28234 |
| tire collection facility under section 3734.75 of the Revised Code | 28235 |
| shall pay a fee of two hundred dollars, except that if the | 28236 |
| facility is owned or operated by a motor vehicle salvage dealer | 28237 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 28238 |
| pay a fee of twenty-five dollars. | 28239 |
| (2) A person issued a registration certificate for a new | 28240 |
| scrap tire storage facility under section 3734.76 of the Revised | 28241 |
| Code shall pay a fee of three hundred dollars, except that if the | 28242 |
| facility is owned or operated by a motor vehicle salvage dealer | 28243 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 28244 |
| pay a fee of twenty-five dollars. | 28245 |
| (3) A person issued a permit for a scrap tire storage | 28246 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 28247 |
| of one thousand dollars, except that if the facility is owned or | 28248 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 28249 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 28250 |
| dollars. | 28251 |
| (4) A person issued a permit for a scrap tire monocell or | 28252 |
| monofill facility under section 3734.77 of the Revised Code shall | 28253 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 28254 |
| capacity or one thousand dollars, whichever is greater, except | 28255 |
| that the total fee for any such permit shall not exceed eighty | 28256 |
| thousand dollars. | 28257 |
| (5) A person issued a registration certificate for a scrap | 28258 |
| tire recovery facility under section 3734.78 of the Revised Code | 28259 |
| shall pay a fee of one hundred dollars. | 28260 |
| (6) A person issued a permit for a scrap tire recovery | 28261 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 28262 |
| of one thousand dollars. | 28263 |
| (7) In addition to the applicable registration certificate or | 28264 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 28265 |
| issued a registration certificate or permit for any such scrap | 28266 |
| tire facility who fails to pay the registration certificate or | 28267 |
| permit fee to the director in compliance with division (V) of this | 28268 |
| section shall pay an additional ten per cent of the amount of the | 28269 |
| fee for each week that the fee is late. | 28270 |
| (8) The registration certificate, permit, and late payment | 28271 |
| fees paid to the director under divisions (R)(1) to (7) of this | 28272 |
| section shall be credited to the scrap tire management fund | 28273 |
| created in section 3734.82 of the Revised Code. | 28274 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 28275 |
| (P), and (S)(2) of this section, division (A)(2) of section | 28276 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 28277 |
| and rules adopted under division (T)(1) of this section, any | 28278 |
| person applying for a registration certificate under section | 28279 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 28280 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 28281 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 28282 |
| application is submitted. | 28283 |
| Except as otherwise provided, any person applying for a | 28284 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 28285 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 28286 |
| dollars at the time the application is submitted through June 30, | 28287 |
| 28288 | |
|
the
application is submitted on and after July 1,
| 28289 |
|
Through June
30,
| 28290 |
| pollutant discharge elimination system permit under Chapter 6111. | 28291 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 28292 |
| dollars at the time of application for the permit. On and after | 28293 |
|
July 1,
| 28294 |
| fifteen dollars at the time of application. | 28295 |
| In addition to the application fee established under division | 28296 |
| (S)(1) of this section, any person applying for a national | 28297 |
| pollutant discharge elimination system general storm water | 28298 |
| construction permit shall pay a nonrefundable fee of twenty | 28299 |
| dollars per acre for each acre that is permitted above five acres | 28300 |
| at the time the application is submitted. However, the per acreage | 28301 |
| fee shall not exceed three hundred dollars. In addition, any | 28302 |
| person applying for a national pollutant discharge elimination | 28303 |
| system general storm water industrial permit shall pay a | 28304 |
| nonrefundable fee of one hundred fifty dollars at the time the | 28305 |
| application is submitted. | 28306 |
| The director shall transmit all moneys collected under | 28307 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 28308 |
| Revised Code to the treasurer of state for deposit into the | 28309 |
| drinking water protection fund created in section 6109.30 of the | 28310 |
| Revised Code. | 28311 |
| The director shall transmit all moneys collected under | 28312 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 28313 |
| Revised Code to the treasurer of state for deposit into the | 28314 |
| surface water protection fund created in section 6111.038 of the | 28315 |
| Revised Code. | 28316 |
| If a registration certificate is issued under section | 28317 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 28318 |
| the application fee paid shall be deducted from the amount of the | 28319 |
| registration certificate fee due under division (R)(1), (2), or | 28320 |
| (5) of this section, as applicable. | 28321 |
| If a person submits an electronic application for a | 28322 |
| registration certificate, permit, variance, or plan approval for | 28323 |
| which an application fee is established under division (S)(1) of | 28324 |
| this section, the person shall pay the applicable application fee | 28325 |
| as expeditiously as possible after the submission of the | 28326 |
| electronic application. An application for a registration | 28327 |
| certificate, permit, variance, or plan approval for which an | 28328 |
| application fee is established under division (S)(1) of this | 28329 |
| section shall not be reviewed or processed until the applicable | 28330 |
| application fee, and any other fees established under this | 28331 |
| division, are paid. | 28332 |
| (2) Division (S)(1) of this section does not apply to an | 28333 |
| application for a registration certificate for a scrap tire | 28334 |
| collection or storage facility submitted under section 3734.75 or | 28335 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 28336 |
| operator of the facility or proposed facility is a motor vehicle | 28337 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 28338 |
| (T) The director may adopt, amend, and rescind rules in | 28339 |
| accordance with Chapter 119. of the Revised Code that do all of | 28340 |
| the following: | 28341 |
| (1) Prescribe fees to be paid by applicants for and holders | 28342 |
| of any license, permit, variance, plan approval, or certification | 28343 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 28344 |
| the Revised Code that are not specifically established in this | 28345 |
| section. The fees shall be designed to defray the cost of | 28346 |
| processing, issuing, revoking, modifying, denying, and enforcing | 28347 |
| the licenses, permits, variances, plan approvals, and | 28348 |
| certifications. | 28349 |
| The director shall transmit all moneys collected under rules | 28350 |
| adopted under division (T)(1) of this section pursuant to Chapter | 28351 |
| 6109. of the Revised Code to the treasurer of state for deposit | 28352 |
| into the drinking water protection fund created in section 6109.30 | 28353 |
| of the Revised Code. | 28354 |
| The director shall transmit all moneys collected under rules | 28355 |
| adopted under division (T)(1) of this section pursuant to Chapter | 28356 |
| 6111. of the Revised Code to the treasurer of state for deposit | 28357 |
| into the surface water protection fund created in section 6111.038 | 28358 |
| of the Revised Code. | 28359 |
| (2) Exempt the state and political subdivisions thereof, | 28360 |
| including education facilities or medical facilities owned by the | 28361 |
| state or a political subdivision, or any person exempted from | 28362 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 28363 |
| any fee required by this section; | 28364 |
| (3) Provide for the waiver of any fee, or any part thereof, | 28365 |
| otherwise required by this section whenever the director | 28366 |
| determines that the imposition of the fee would constitute an | 28367 |
| unreasonable cost of doing business for any applicant, class of | 28368 |
| applicants, or other person subject to the fee; | 28369 |
| (4) Prescribe measures that the director considers necessary | 28370 |
| to carry out this section. | 28371 |
| (U) When the director reasonably demonstrates that the direct | 28372 |
| cost to the state associated with the issuance of a permit to | 28373 |
| install, license, variance, plan approval, or certification | 28374 |
| exceeds the fee for the issuance or review specified by this | 28375 |
| section, the director may condition the issuance or review on the | 28376 |
| payment by the person receiving the issuance or review of, in | 28377 |
| addition to the fee specified by this section, the amount, or any | 28378 |
| portion thereof, in excess of the fee specified under this | 28379 |
| section. The director shall not so condition issuances for which | 28380 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 28381 |
| section. | 28382 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 28383 |
| section or unless otherwise prescribed by a rule of the director | 28384 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 28385 |
| required by this section are payable within thirty days after the | 28386 |
| issuance of an invoice for the fee by the director or the | 28387 |
| effective date of the issuance of the license, permit, variance, | 28388 |
| plan approval, or certification. If payment is late, the person | 28389 |
| responsible for payment of the fee shall pay an additional ten per | 28390 |
| cent of the amount due for each month that it is late. | 28391 |
| (W) As used in this section, "fuel-burning equipment," | 28392 |
| "fuel-burning equipment input capacity," "incinerator," | 28393 |
| "incinerator input capacity," "process," "process weight rate," | 28394 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 28395 |
| facility," "design flow discharge," and "new source treatment | 28396 |
| works" have the meanings ascribed to those terms by applicable | 28397 |
| rules or standards adopted by the director under Chapter 3704. or | 28398 |
| 6111. of the Revised Code. | 28399 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 28400 |
| and (J) of this section, and in any other provision of this | 28401 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 28402 |
| Revised Code: | 28403 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 28404 |
| V permit" have the same meanings as in section 3704.01 of the | 28405 |
| Revised Code. | 28406 |
| (2) "Title V permit program" means the following activities | 28407 |
| as necessary to meet the requirements of Title V of the federal | 28408 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 28409 |
| (a) Preparing and adopting, if applicable, generally | 28410 |
| applicable rules or guidance regarding the permit program or its | 28411 |
| implementation or enforcement; | 28412 |
| (b) Reviewing and acting on any application for a Title V | 28413 |
| permit, permit revision, or permit renewal, including the | 28414 |
| development of an applicable requirement as part of the processing | 28415 |
| of a permit, permit revision, or permit renewal; | 28416 |
| (c) Administering the permit program, including the | 28417 |
| supporting and tracking of permit applications, compliance | 28418 |
| certification, and related data entry; | 28419 |
| (d) Determining which sources are subject to the program and | 28420 |
| implementing and enforcing the terms of any Title V permit, not | 28421 |
| including any court actions or other formal enforcement actions; | 28422 |
| (e) Emission and ambient monitoring; | 28423 |
| (f) Modeling, analyses, or demonstrations; | 28424 |
| (g) Preparing inventories and tracking emissions; | 28425 |
| (h) Providing direct and indirect support to small business | 28426 |
| stationary sources to determine and meet their obligations under | 28427 |
| the federal Clean Air Act pursuant to the small business | 28428 |
| stationary source technical and environmental compliance | 28429 |
| assistance program required by section 507 of that act and | 28430 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 28431 |
| Revised Code. | 28432 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 28433 |
| of this section, each sewage sludge facility shall pay a | 28434 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 28435 |
| cents per dry ton of sewage sludge, including the dry tons of | 28436 |
| sewage sludge in materials derived from sewage sludge, that the | 28437 |
| sewage sludge facility treats or disposes of in this state. The | 28438 |
| annual volume of sewage sludge treated or disposed of by a sewage | 28439 |
| sludge facility shall be calculated using the first day of January | 28440 |
| through the thirty-first day of December of the calendar year | 28441 |
| preceding the date on which payment of the fee is due. | 28442 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 28443 |
| section, each sewage sludge facility shall pay a minimum annual | 28444 |
| sewage sludge fee of one hundred dollars. | 28445 |
| (b) The annual sludge fee required to be paid by a sewage | 28446 |
| sludge facility that treats or disposes of exceptional quality | 28447 |
| sludge in this state shall be thirty-five per cent less per dry | 28448 |
| ton of exceptional quality sludge than the fee assessed under | 28449 |
| division (Y)(1) of this section, subject to the following | 28450 |
| exceptions: | 28451 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 28452 |
| a sewage sludge facility that treats or disposes of exceptional | 28453 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 28454 |
| hundred dollars. | 28455 |
| (ii) A sewage sludge facility that treats or disposes of | 28456 |
| exceptional quality sludge shall not be required to pay the annual | 28457 |
| sludge fee for treatment or disposal in this state of exceptional | 28458 |
| quality sludge generated outside of this state and contained in | 28459 |
| bags or other containers not greater than one hundred pounds in | 28460 |
| capacity. | 28461 |
| A thirty-five per cent reduction for exceptional quality | 28462 |
| sludge applies to the maximum annual fees established under | 28463 |
| division (Y)(3) of this section. | 28464 |
| (c) A sewage sludge facility that transfers sewage sludge to | 28465 |
| another sewage sludge facility in this state for further treatment | 28466 |
| prior to disposal in this state shall not be required to pay the | 28467 |
| annual sludge fee for the tons of sewage sludge that have been | 28468 |
| transferred. In such a case, the sewage sludge facility that | 28469 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 28470 |
| However, the facility transferring the sewage sludge shall pay the | 28471 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 28472 |
| of this section. | 28473 |
| In the case of a sewage sludge facility that treats sewage | 28474 |
| sludge in this state and transfers it out of this state to another | 28475 |
| entity for disposal, the sewage sludge facility in this state | 28476 |
| shall be required to pay the annual sludge fee for the tons of | 28477 |
| sewage sludge that have been transferred. | 28478 |
| (d) A sewage sludge facility that generates sewage sludge | 28479 |
| resulting from an average daily discharge flow of less than five | 28480 |
| thousand gallons per day is not subject to the fees assessed under | 28481 |
| division (Y) of this section. | 28482 |
| (3) No sewage sludge facility required to pay the annual | 28483 |
| sludge fee shall be required to pay more than the maximum annual | 28484 |
| fee for each disposal method that the sewage sludge facility uses. | 28485 |
| The maximum annual fee does not include the additional amount that | 28486 |
| may be charged under division (Y)(5) of this section for late | 28487 |
| payment of the annual sludge fee. The maximum annual fee for the | 28488 |
| following methods of disposal of sewage sludge is as follows: | 28489 |
| (a) Incineration: five thousand dollars; | 28490 |
| (b) Preexisting land reclamation project or disposal in a | 28491 |
| landfill: five thousand dollars; | 28492 |
| (c) Land application, land reclamation, surface disposal, or | 28493 |
| any other disposal method not specified in division (Y)(3)(a) or | 28494 |
| (b) of this section: twenty thousand dollars. | 28495 |
| (4)(a) In the case of an entity that generates sewage sludge | 28496 |
| or a sewage sludge facility that treats sewage sludge and | 28497 |
| transfers the sewage sludge to an incineration facility for | 28498 |
| disposal, the incineration facility, and not the entity generating | 28499 |
| the sewage sludge or the sewage sludge facility treating the | 28500 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 28501 |
| sewage sludge that are transferred. However, the entity or | 28502 |
| facility generating or treating the sewage sludge shall pay the | 28503 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 28504 |
| of this section. | 28505 |
| (b) In the case of an entity that generates sewage sludge and | 28506 |
| transfers the sewage sludge to a landfill for disposal or to a | 28507 |
| sewage sludge facility for land reclamation or surface disposal, | 28508 |
| the entity generating the sewage sludge, and not the landfill or | 28509 |
| sewage sludge facility, shall pay the annual sludge fee for the | 28510 |
| tons of sewage sludge that are transferred. | 28511 |
| (5) Not later than the first day of April of the calendar | 28512 |
| year following March 17, 2000, and each first day of April | 28513 |
| thereafter, the director shall issue invoices to persons who are | 28514 |
| required to pay the annual sludge fee. The invoice shall identify | 28515 |
| the nature and amount of the annual sludge fee assessed and state | 28516 |
| the first day of May as the deadline for receipt by the director | 28517 |
| of objections regarding the amount of the fee and the first day of | 28518 |
| July as the deadline for payment of the fee. | 28519 |
| Not later than the first day of May following receipt of an | 28520 |
| invoice, a person required to pay the annual sludge fee may submit | 28521 |
| objections to the director concerning the accuracy of information | 28522 |
| regarding the number of dry tons of sewage sludge used to | 28523 |
| calculate the amount of the annual sludge fee or regarding whether | 28524 |
| the sewage sludge qualifies for the exceptional quality sludge | 28525 |
| discount established in division (Y)(2)(b) of this section. The | 28526 |
| director may consider the objections and adjust the amount of the | 28527 |
| fee to ensure that it is accurate. | 28528 |
| If the director does not adjust the amount of the annual | 28529 |
| sludge fee in response to a person's objections, the person may | 28530 |
| appeal the director's determination in accordance with Chapter | 28531 |
| 119. of the Revised Code. | 28532 |
| Not later than the first day of June, the director shall | 28533 |
| notify the objecting person regarding whether the director has | 28534 |
| found the objections to be valid and the reasons for the finding. | 28535 |
| If the director finds the objections to be valid and adjusts the | 28536 |
| amount of the annual sludge fee accordingly, the director shall | 28537 |
| issue with the notification a new invoice to the person | 28538 |
| identifying the amount of the annual sludge fee assessed and | 28539 |
| stating the first day of July as the deadline for payment. | 28540 |
| Not later than the first day of July, any person who is | 28541 |
| required to do so shall pay the annual sludge fee. Any person who | 28542 |
| is required to pay the fee, but who fails to do so on or before | 28543 |
| that date shall pay an additional amount that equals ten per cent | 28544 |
| of the required annual sludge fee. | 28545 |
| (6) The director shall transmit all moneys collected under | 28546 |
| division (Y) of this section to the treasurer of state for deposit | 28547 |
| into the surface water protection fund created in section 6111.038 | 28548 |
| of the Revised Code. The moneys shall be used to defray the costs | 28549 |
| of administering and enforcing provisions in Chapter 6111. of the | 28550 |
| Revised Code and rules adopted under it that govern the use, | 28551 |
| storage, treatment, or disposal of sewage sludge. | 28552 |
| (7) Beginning in fiscal year 2001, and every two years | 28553 |
| thereafter, the director shall review the total amount of moneys | 28554 |
| generated by the annual sludge fees to determine if that amount | 28555 |
| exceeded six hundred thousand dollars in either of the two | 28556 |
| preceding fiscal years. If the total amount of moneys in the fund | 28557 |
| exceeded six hundred thousand dollars in either fiscal year, the | 28558 |
| director, after review of the fee structure and consultation with | 28559 |
| affected persons, shall issue an order reducing the amount of the | 28560 |
| fees levied under division (Y) of this section so that the | 28561 |
| estimated amount of moneys resulting from the fees will not exceed | 28562 |
| six hundred thousand dollars in any fiscal year. | 28563 |
| If, upon review of the fees under division (Y)(7) of this | 28564 |
| section and after the fees have been reduced, the director | 28565 |
| determines that the total amount of moneys collected and | 28566 |
| accumulated is less than six hundred thousand dollars, the | 28567 |
| director, after review of the fee structure and consultation with | 28568 |
| affected persons, may issue an order increasing the amount of the | 28569 |
| fees levied under division (Y) of this section so that the | 28570 |
| estimated amount of moneys resulting from the fees will be | 28571 |
| approximately six hundred thousand dollars. Fees shall never be | 28572 |
| increased to an amount exceeding the amount specified in division | 28573 |
| (Y)(7) of this section. | 28574 |
| Notwithstanding section 119.06 of the Revised Code, the | 28575 |
| director may issue an order under division (Y)(7) of this section | 28576 |
| without the necessity to hold an adjudicatory hearing in | 28577 |
| connection with the order. The issuance of an order under this | 28578 |
| division is not an act or action for purposes of section 3745.04 | 28579 |
| of the Revised Code. | 28580 |
| (8) As used in division (Y) of this section: | 28581 |
| (a) "Sewage sludge facility" means an entity that performs | 28582 |
| treatment on or is responsible for the disposal of sewage sludge. | 28583 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 28584 |
| residue generated during the treatment of domestic sewage in a | 28585 |
| treatment works as defined in section 6111.01 of the Revised Code. | 28586 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 28587 |
| removed in primary, secondary, or advanced wastewater treatment | 28588 |
| processes. "Sewage sludge" does not include ash generated during | 28589 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 28590 |
| and screenings generated during preliminary treatment of domestic | 28591 |
| sewage in a treatment works, animal manure, residue generated | 28592 |
| during treatment of animal manure, or domestic septage. | 28593 |
| (c) "Exceptional quality sludge" means sewage sludge that | 28594 |
| meets all of the following qualifications: | 28595 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 28596 |
| 503.32(a); | 28597 |
| (ii) Satisfies one of the vector attraction reduction | 28598 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 28599 |
| (iii) Does not exceed the ceiling concentration limitations | 28600 |
| for metals listed in table one of 40 C.F.R. 503.13; | 28601 |
| (iv) Does not exceed the concentration limitations for metals | 28602 |
| listed in table three of 40 C.F.R. 503.13. | 28603 |
| (d) "Treatment" means the preparation of sewage sludge for | 28604 |
| final use or disposal and includes, but is not limited to, | 28605 |
| thickening, stabilization, and dewatering of sewage sludge. | 28606 |
| (e) "Disposal" means the final use of sewage sludge, | 28607 |
| including, but not limited to, land application, land reclamation, | 28608 |
| surface disposal, or disposal in a landfill or an incinerator. | 28609 |
| (f) "Land application" means the spraying or spreading of | 28610 |
| sewage sludge onto the land surface, the injection of sewage | 28611 |
| sludge below the land surface, or the incorporation of sewage | 28612 |
| sludge into the soil for the purposes of conditioning the soil or | 28613 |
| fertilizing crops or vegetation grown in the soil. | 28614 |
| (g) "Land reclamation" means the returning of disturbed land | 28615 |
| to productive use. | 28616 |
| (h) "Surface disposal" means the placement of sludge on an | 28617 |
| area of land for disposal, including, but not limited to, | 28618 |
| monofills, surface impoundments, lagoons, waste piles, or | 28619 |
| dedicated disposal sites. | 28620 |
| (i) "Incinerator" means an entity that disposes of sewage | 28621 |
| sludge through the combustion of organic matter and inorganic | 28622 |
| matter in sewage sludge by high temperatures in an enclosed | 28623 |
| device. | 28624 |
| (j) "Incineration facility" includes all incinerators owned | 28625 |
| or operated by the same entity and located on a contiguous tract | 28626 |
| of land. Areas of land are considered to be contiguous even if | 28627 |
| they are separated by a public road or highway. | 28628 |
| (k) "Annual sludge fee" means the fee assessed under division | 28629 |
| (Y)(1) of this section. | 28630 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 28631 |
| in rules adopted under section 3734.02 of the Revised Code, that | 28632 |
| is licensed under section 3734.05 of the Revised Code. | 28633 |
| (m) "Preexisting land reclamation project" means a | 28634 |
| property-specific land reclamation project that has been in | 28635 |
| continuous operation for not less than five years pursuant to | 28636 |
| approval of the activity by the director and includes the | 28637 |
| implementation of a community outreach program concerning the | 28638 |
| activity. | 28639 |
| Sec. 3745.114. (A) A person that applies for a section 401 | 28640 |
| water quality certification under Chapter 6111. of the Revised | 28641 |
| Code and rules adopted under it shall pay an application fee of | 28642 |
| two hundred dollars at the time of application plus any of the | 28643 |
| following fees, as applicable: | 28644 |
| (1) If the water resource to be impacted is a wetland, a | 28645 |
| review fee of five hundred dollars per acre of wetland to be | 28646 |
| impacted; | 28647 |
| (2) If the water resource to be impacted is a stream, a | 28648 |
| review fee of ten dollars per linear foot of stream to be | 28649 |
| impacted; | 28650 |
| (3) If the water resource to be impacted is a lake, a review | 28651 |
| fee of three dollars per cubic yard of dredged or fill material to | 28652 |
| be moved. | 28653 |
| (B) The total fee to be paid under this section shall not | 28654 |
| exceed twenty-five thousand dollars per application. However, if | 28655 |
| the applicant is a county, township, or municipal corporation in | 28656 |
| this state, the total fee to be paid shall not exceed five | 28657 |
| thousand dollars per application. | 28658 |
| (C) All money collected under this section shall be | 28659 |
| transmitted to the treasurer of state for deposit into the state | 28660 |
| treasury to the credit of the surface water protection fund | 28661 |
| created in section 6111.038 of the Revised Code. | 28662 |
| (D) The fees established under this section do not apply to | 28663 |
| any state agency as defined in section 119.01 of the Revised Code. | 28664 |
| (E) The fees established under this section do not apply to | 28665 |
| projects that are authorized by the environmental protection | 28666 |
| agency's general certifications of nationwide permits or general | 28667 |
| permits issued by the United States army corps of engineers. As | 28668 |
| used in this division, "general permit" and "nationwide permit" | 28669 |
| have the same meanings as in rules adopted under Chapter 6111. of | 28670 |
| the Revised Code. | 28671 |
| Sec. 3745.12. (A) There is hereby created in the state | 28672 |
| treasury the immediate removal fund, which shall be administered | 28673 |
| by the director of environmental protection. The fund may be used | 28674 |
| for both of the following purposes: | 28675 |
| (1) To pay costs incurred by the environmental protection | 28676 |
| agency in investigating, mitigating, minimizing, removing, or | 28677 |
| abating any unauthorized spill, release, or discharge of material | 28678 |
| into or upon the environment that requires emergency action to | 28679 |
| protect the public health or safety or the environment; | 28680 |
| (2) Conducting remedial actions under section 3752.13 of the | 28681 |
| Revised Code. | 28682 |
| (B) Any person responsible for causing or allowing the | 28683 |
| unauthorized spill, release, or discharge is liable to the | 28684 |
| director for the costs incurred by the agency regardless of | 28685 |
| whether those costs were paid out of the fund created under | 28686 |
| division (A) of this section or any other fund of the agency. Upon | 28687 |
| the request of the director, the attorney general shall bring a | 28688 |
| civil action against the responsible person to recover those | 28689 |
| costs. Moneys recovered under this division shall be paid into the | 28690 |
| state treasury to the credit of the immediate removal fund, except | 28691 |
| that moneys recovered for costs paid from the hazardous waste | 28692 |
| clean-up fund created in section 3734.28 of the Revised Code shall | 28693 |
| be credited to the hazardous waste clean-up fund. | 28694 |
| Sec. 3746.04. Within one year after September 28, 1994, the | 28695 |
| director of environmental protection, in accordance with Chapter | 28696 |
| 119. of the Revised Code and with the advice of the | 28697 |
| multidisciplinary council appointed under section 3746.03 of the | 28698 |
| Revised Code, shall adopt, and subsequently may amend, suspend, or | 28699 |
| rescind, rules that do both of the following: | 28700 |
| (A) Revise the rules adopted under Chapters 3704., 3714., | 28701 |
| 3734., 6109., and 6111. of the Revised Code to incorporate the | 28702 |
| provisions necessary to conform those rules to the requirements of | 28703 |
| this chapter. The amended rules adopted under this division also | 28704 |
| shall establish response times for all submittals to the | 28705 |
| environmental protection agency required under this chapter or | 28706 |
| rules adopted under it. | 28707 |
| (B) Establish requirements and procedures that are reasonably | 28708 |
| necessary for the implementation and administration of this | 28709 |
| chapter, including, without limitation, all of the following: | 28710 |
| (1) Appropriate generic numerical clean-up standards for the | 28711 |
| treatment or removal of soils, sediments, and water media for | 28712 |
| hazardous substances and petroleum. The rules shall establish | 28713 |
| separate generic numerical clean-up standards based upon the | 28714 |
| intended use of properties after the completion of voluntary | 28715 |
| actions, including industrial, commercial, and residential uses | 28716 |
| and such other categories of land use as the director considers to | 28717 |
| be appropriate. The generic numerical clean-up standards | 28718 |
| established for each category of land use shall be the | 28719 |
| concentration of each contaminant that may be present on a | 28720 |
| property that shall ensure protection of public health and safety | 28721 |
| and the environment for the reasonable exposure for that category | 28722 |
| of land use. When developing the standards, the director shall | 28723 |
| consider such factors as all of the following: | 28724 |
| (a) Scientific information, including, without limitation, | 28725 |
| toxicological information and realistic assumptions regarding | 28726 |
| human and environmental exposure to hazardous substances or | 28727 |
| petroleum; | 28728 |
| (b) Climatic factors; | 28729 |
| (c) Human activity patterns; | 28730 |
| (d) Current statistical techniques; | 28731 |
| (e) For petroleum at industrial property, alternatives to the | 28732 |
| use of total petroleum hydrocarbons. | 28733 |
| The generic numerical clean-up standards established in the | 28734 |
| rules adopted under division (B)(1) of this section shall be | 28735 |
| consistent with and equivalent in scope, content, and coverage to | 28736 |
| any applicable standard established by federal environmental laws | 28737 |
| and regulations adopted under them, including, without limitation, | 28738 |
| the "Federal Water Pollution Control Act Amendments of 1972," 86 | 28739 |
| Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource | 28740 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 28741 |
| 6921, as amended; the "Toxic Substances Control Act," 90 Stat. | 28742 |
| 2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive | 28743 |
| Environmental Response, Compensation, and Liability Act of 1980," | 28744 |
| 94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe | 28745 |
| Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as | 28746 |
| amended. | 28747 |
| In order for the rules adopted under division (B)(1) of this | 28748 |
| section to require that any such federal environmental standard | 28749 |
| apply to a property, the property shall meet the requirements of | 28750 |
| the particular federal statute or regulation involved in the | 28751 |
| manner specified by the statute or regulation. | 28752 |
| The generic numerical clean-up standards for petroleum at | 28753 |
| commercial or residential property shall be the standards | 28754 |
| established in rules adopted under division (B) of section | 28755 |
| 3737.882 of the Revised Code. | 28756 |
| (2)(a) Procedures for performing property-specific risk | 28757 |
| assessments that would be performed at a property to demonstrate | 28758 |
| that the remedy evaluated in a risk assessment results in | 28759 |
| protection of public health and safety and the environment instead | 28760 |
| of complying with the generic numerical clean-up standards | 28761 |
| established in the rules adopted under division (B)(1) of this | 28762 |
| section. The risk assessment procedures shall describe a | 28763 |
| methodology to establish, on a property-specific basis, allowable | 28764 |
| levels of contamination to remain at a property to ensure | 28765 |
| protection of public health and safety and the environment on the | 28766 |
| property and off the property when the contamination is emanating | 28767 |
| off the property, taking into account all of the following: | 28768 |
| (i) The implementation of treatment, storage, or disposal, or | 28769 |
| a combination thereof, of hazardous substances or petroleum; | 28770 |
| (ii) The existence of institutional controls that eliminate | 28771 |
| or mitigate exposure to hazardous substances or petroleum through | 28772 |
| the restriction of access to hazardous substances or petroleum, | 28773 |
| including, without limitation, deed and water use restrictions; | 28774 |
| (iii) The existence of engineering controls that eliminate or | 28775 |
| mitigate exposure to hazardous substances or petroleum through | 28776 |
| containment of, control of, or restrictions of access to hazardous | 28777 |
| substances or petroleum, including, without limitation, fences, | 28778 |
| cap systems, cover systems, and landscaping. | 28779 |
| (b) The risk assessment procedures and levels of acceptable | 28780 |
| risk set forth in the rules adopted under division (B)(2) of this | 28781 |
| section shall be based upon all of the following: | 28782 |
| (i) Scientific information, including, without limitation, | 28783 |
| toxicological information and actual or proposed human and | 28784 |
| environmental exposure; | 28785 |
| (ii) Locational and climatic factors; | 28786 |
| (iii) Surrounding land use and human activities; | 28787 |
| (iv) Differing levels of remediation that may be required | 28788 |
| when an existing land use is continued compared to when a | 28789 |
| different land use follows the remediation. | 28790 |
| (c) Any standards established pursuant to rules adopted under | 28791 |
| division (B)(2) of this section shall be no more stringent than | 28792 |
| standards established under the environmental statutes of this | 28793 |
| state and rules adopted under them for the same contaminant in the | 28794 |
| same environmental medium that are in effect at the time the risk | 28795 |
| assessment is conducted. | 28796 |
| (3) Minimum standards for phase I property assessments. The | 28797 |
| standards shall specify the information needed to demonstrate that | 28798 |
| there is no reason to believe that contamination exists on a | 28799 |
| property. The rules adopted under division (B)(3) of this section, | 28800 |
| at a minimum, shall require that a phase I property assessment | 28801 |
| include all of the following: | 28802 |
| (a) A review and analysis of deeds, mortgages, easements of | 28803 |
| record, and similar documents relating to the chain of title to | 28804 |
| the property that are publicly available or that are known to and | 28805 |
| reasonably available to the owner or operator; | 28806 |
| (b) A review and analysis of any previous environmental | 28807 |
| assessments, property assessments, environmental studies, or | 28808 |
| geologic studies of the property and any land within two thousand | 28809 |
| feet of the boundaries of the property that are publicly available | 28810 |
| or that are known to and reasonably available to the owner or | 28811 |
| operator; | 28812 |
| (c) A review of current and past environmental compliance | 28813 |
| histories of persons who owned or operated the property; | 28814 |
| (d) A review of aerial photographs of the property that | 28815 |
| indicate prior uses of the property; | 28816 |
| (e) Interviews with managers of activities conducted at the | 28817 |
| property who have knowledge of environmental conditions at the | 28818 |
| property; | 28819 |
| (f) Conducting an inspection of the property consisting of a | 28820 |
| walkover; | 28821 |
| (g) Identifying the current and past uses of the property, | 28822 |
| adjoining tracts of land, and the area surrounding the property, | 28823 |
| including, without limitation, interviews with persons who reside | 28824 |
| or have resided, or who are or were employed, within the area | 28825 |
| surrounding the property regarding the current and past uses of | 28826 |
| the property and adjacent tracts of land. | 28827 |
| The rules adopted under division (B)(3) of this section shall | 28828 |
| establish criteria to determine when a phase II property | 28829 |
| assessment shall be conducted when a phase I property assessment | 28830 |
| reveals facts that establish a reason to believe that hazardous | 28831 |
| substances or petroleum have been treated, stored, managed, or | 28832 |
| disposed of on the property if the person undertaking the phase I | 28833 |
| property assessment wishes to obtain a covenant not to sue under | 28834 |
| section 3746.12 of the Revised Code. | 28835 |
| (4) Minimum standards for phase II property assessments. The | 28836 |
| standards shall specify the information needed to demonstrate that | 28837 |
| any contamination present at the property does not exceed | 28838 |
| applicable standards or that the remedial activities conducted at | 28839 |
| the property have achieved compliance with applicable standards. | 28840 |
| The rules adopted under division (B)(4) of this section, at a | 28841 |
| minimum, shall require that a phase II property assessment include | 28842 |
| all of the following: | 28843 |
| (a) A review and analysis of all documentation prepared in | 28844 |
| connection with a phase I property assessment conducted within the | 28845 |
| one hundred eighty days before the phase II property assessment | 28846 |
| begins. The rules adopted under division (B)(4)(a) of this section | 28847 |
| shall require that if a period of more than one hundred eighty | 28848 |
| days has passed between the time that the phase I assessment of | 28849 |
| the property was completed and the phase II assessment begins, the | 28850 |
| phase II assessment shall include a reasonable inquiry into the | 28851 |
| change in the environmental condition of the property during the | 28852 |
| intervening period. | 28853 |
| (b) Quality assurance objectives for measurements taken in | 28854 |
| connection with a phase II assessment; | 28855 |
| (c) Sampling procedures to ensure the representative sampling | 28856 |
| of potentially contaminated environmental media; | 28857 |
| (d) Quality assurance and quality control requirements for | 28858 |
| samples collected in connection with phase II assessments; | 28859 |
| (e) Analytical and data assessment procedures; | 28860 |
| (f) Data objectives to ensure that samples collected in | 28861 |
| connection with phase II assessments are biased toward areas where | 28862 |
| information indicates that contamination by hazardous substances | 28863 |
| or petroleum is likely to exist. | 28864 |
| (5) Standards governing the conduct of certified | 28865 |
| professionals, criteria and procedures for the certification of | 28866 |
| professionals to issue no further action letters under section | 28867 |
| 3746.11 of the Revised Code, and criteria for the suspension and | 28868 |
| revocation of those certifications. The director shall take an | 28869 |
| action regarding a certification as a final action. The issuance, | 28870 |
| denial, renewal, suspension, and revocation of those | 28871 |
| certifications are subject to Chapter 3745. of the Revised Code, | 28872 |
| 28873 | |
| 28874 | |
| an action regarding a certification in a newspaper of general | 28875 |
| circulation as required in section 3745.07 of the Revised Code, | 28876 |
| such an action shall be published on the environmental protection | 28877 |
| agency's web site and in the agency's weekly review not later than | 28878 |
| fifteen days after the date of the issuance, denial, renewal, | 28879 |
| suspension, or revocation of the certification and not later than | 28880 |
| thirty days before a hearing or public meeting concerning the | 28881 |
| action. | 28882 |
| The rules adopted under division (B)(5) of this section shall | 28883 |
| do all of the following: | 28884 |
| (a) Provide for the certification of environmental | 28885 |
| professionals to issue no further action letters pertaining to | 28886 |
| investigations and remedies in accordance with the criteria and | 28887 |
| procedures set forth in the rules. The rules adopted under | 28888 |
| division (B)(5)(a) of this section shall do at least all of the | 28889 |
| following: | 28890 |
| (i) Authorize the director to consider such factors as an | 28891 |
| environmental professional's previous performance record regarding | 28892 |
| such investigations and remedies and the environmental | 28893 |
| professional's environmental compliance history when determining | 28894 |
| whether to certify the environmental professional; | 28895 |
| (ii) Ensure that an application for certification is reviewed | 28896 |
| in a timely manner; | 28897 |
| (iii) Require the director to certify any environmental | 28898 |
| professional who the director determines complies with those | 28899 |
| criteria; | 28900 |
| (iv) Require the director to deny certification for any | 28901 |
| environmental professional who does not comply with those | 28902 |
| criteria. | 28903 |
| (b) Establish an annual fee to be paid by environmental | 28904 |
| professionals certified pursuant to the rules adopted under | 28905 |
| division (B)(5)(a) of this section. The fee shall be established | 28906 |
|
at an amount calculated to defray the costs to the | 28907 |
| 28908 | |
| of environmental professionals for certification and for the | 28909 |
| issuance of the certifications. | 28910 |
| (c) Develop a schedule for and establish requirements | 28911 |
| governing the review by the director of the credentials of | 28912 |
| environmental professionals who were deemed to be certified | 28913 |
| professionals under division (D) of section 3746.07 of the Revised | 28914 |
| Code in order to determine if they comply with the criteria | 28915 |
| established in rules adopted under division (B)(5) of this | 28916 |
| section. The rules adopted under division (B)(5)(c) of this | 28917 |
| section shall do at least all of the following: | 28918 |
| (i) Ensure that the review is conducted in a timely fashion; | 28919 |
| (ii) Require the director to certify any such environmental | 28920 |
| professional who the director determines complies with those | 28921 |
| criteria; | 28922 |
| (iii) Require any such environmental professional initially | 28923 |
| to pay the fee established in the rules adopted under division | 28924 |
| (B)(5)(b) of this section at the time that the environmental | 28925 |
| professional is so certified by the director; | 28926 |
| (iv) Establish a time period within which any such | 28927 |
| environmental professional who does not comply with those criteria | 28928 |
| may obtain the credentials that are necessary for certification; | 28929 |
| (v) Require the director to deny certification for any such | 28930 |
| environmental professional who does not comply with those criteria | 28931 |
| and who fails to obtain the necessary credentials within the | 28932 |
| established time period. | 28933 |
| (d) Require that any information submitted to the director | 28934 |
| for the purposes of the rules adopted under division (B)(5)(a) or | 28935 |
| (c) of this section comply with division (A) of section 3746.20 of | 28936 |
| the Revised Code; | 28937 |
| (e) Authorize the director to suspend or revoke the | 28938 |
| certification of an environmental professional if the director | 28939 |
| finds that the environmental professional's performance has | 28940 |
| resulted in the issuance of no further action letters under | 28941 |
| section 3746.11 of the Revised Code that are not consistent with | 28942 |
| applicable standards or finds that the certified environmental | 28943 |
| professional has not substantially complied with section 3746.31 | 28944 |
| of the Revised Code; | 28945 |
| (f) Authorize the director to suspend for a period of not | 28946 |
| more than five years or to permanently revoke a certified | 28947 |
| environmental professional's certification for any violation of or | 28948 |
| failure to comply with an ethical standard established in rules | 28949 |
| adopted
under division (B)(5) of this section | 28950 |
| (g) Require the director to revoke the certification of an | 28951 |
| environmental professional if the director finds that the | 28952 |
| environmental professional falsified any information on the | 28953 |
| environmental professional's application for certification | 28954 |
| regarding the environmental professional's credentials or | 28955 |
| qualifications or any other information generated for the purposes | 28956 |
| of or use under this chapter or rules adopted under it; | 28957 |
| (h) Require the director permanently to revoke the | 28958 |
| certification of an environmental professional who has violated or | 28959 |
| is violating division (A) of section 3746.18 of the Revised Code; | 28960 |
| (i) Preclude the director from revoking the certification of | 28961 |
| an environmental professional who only conducts investigations and | 28962 |
| remedies at property contaminated solely with petroleum unless the | 28963 |
| director first consults with the director of commerce. | 28964 |
| (6) Criteria and procedures for the certification of | 28965 |
| laboratories to perform analyses under this chapter and rules | 28966 |
| adopted under it. The issuance, denial, suspension, and revocation | 28967 |
| of those certifications are subject to Chapter 3745. of the | 28968 |
| Revised Code, and the director of environmental protection shall | 28969 |
| take any such action regarding a certification as a final action. | 28970 |
| The rules adopted under division (B)(6) of this section shall | 28971 |
| do all of the following: | 28972 |
| (a) Provide for the certification to perform analyses of | 28973 |
| laboratories in accordance with the criteria and procedures | 28974 |
| established in the rules adopted under division (B)(6)(a) of this | 28975 |
| section and establish an annual fee to be paid by those | 28976 |
| laboratories. The fee shall be established at an amount calculated | 28977 |
| to defray the costs to the agency for the review of the | 28978 |
| qualifications of those laboratories for certification and for the | 28979 |
| issuance of the certifications. The rules adopted under division | 28980 |
| (B)(6)(a) of this section may provide for the certification of | 28981 |
| those laboratories to perform only particular types or categories | 28982 |
| of analyses, specific test parameters or group of test parameters, | 28983 |
| or a specific matrix or matrices under this chapter. | 28984 |
| (b) Develop a schedule for and establish requirements | 28985 |
| governing the review by the director of the operations of | 28986 |
| laboratories that were deemed to be certified laboratories under | 28987 |
| division (E) of section 3746.07 of the Revised Code in order to | 28988 |
| determine if they comply with the criteria established in rules | 28989 |
| adopted under division (B)(6) of this section. The rules adopted | 28990 |
| under division (B)(6)(b) of this section shall do at least all of | 28991 |
| the following: | 28992 |
| (i) Ensure that the review is conducted in a timely fashion; | 28993 |
| (ii) Require the director to certify any such laboratory that | 28994 |
| the director determines complies with those criteria; | 28995 |
| (iii) Require any such laboratory initially to pay the fee | 28996 |
| established in the rules adopted under division (B)(6)(a) of this | 28997 |
| section at the time that the laboratory is so certified by the | 28998 |
| director; | 28999 |
| (iv) Establish a time period within which any such laboratory | 29000 |
| that does not comply with those criteria may make changes in its | 29001 |
| operations necessary for the performance of analyses under this | 29002 |
| chapter and rules adopted under it in order to be certified by the | 29003 |
| director; | 29004 |
| (v) Require the director to deny certification for any such | 29005 |
| laboratory that does not comply with those criteria and that fails | 29006 |
| to make the necessary changes in its operations within the | 29007 |
| established time period. | 29008 |
| (c) Require that any information submitted to the director | 29009 |
| for the purposes of the rules adopted under division (B)(6)(a) or | 29010 |
| (b) of this section comply with division (A) of section 3746.20 of | 29011 |
| the Revised Code; | 29012 |
| (d) Authorize the director to suspend or revoke the | 29013 |
| certification of a laboratory if the director finds that the | 29014 |
| laboratory's performance has resulted in the issuance of no | 29015 |
| further action letters under section 3746.11 of the Revised Code | 29016 |
| that are not consistent with applicable standards; | 29017 |
| (e) Authorize the director to suspend or revoke the | 29018 |
| certification of a laboratory if the director finds that the | 29019 |
| laboratory falsified any information on its application for | 29020 |
| certification regarding its credentials or qualifications; | 29021 |
| (f) Require the director permanently to revoke the | 29022 |
| certification of a laboratory that has violated or is violating | 29023 |
| division (A) of section 3746.18 of the Revised Code. | 29024 |
| (7) Information to be included in a no further action letter | 29025 |
| prepared under section 3746.11 of the Revised Code, including, | 29026 |
| without limitation, all of the following: | 29027 |
| (a) A summary of the information required to be submitted to | 29028 |
| the certified environmental professional preparing the no further | 29029 |
| action letter under division (C) of section 3746.10 of the Revised | 29030 |
| Code; | 29031 |
| (b) Notification that a risk assessment was performed in | 29032 |
| accordance with rules adopted under division (B)(2) of this | 29033 |
| section if such an assessment was used in lieu of generic | 29034 |
| numerical clean-up standards established in rules adopted under | 29035 |
| division (B)(1) of this section; | 29036 |
| (c) The contaminants addressed at the property, if any, their | 29037 |
| source, if known, and their levels prior to remediation; | 29038 |
| (d) The identity of any other person who performed work to | 29039 |
| support the request for the no further action letter as provided | 29040 |
| in division (B)(2) of section 3746.10 of the Revised Code and the | 29041 |
| nature and scope of the work performed by that person; | 29042 |
| (e) A list of the data, information, records, and documents | 29043 |
| relied upon by the certified environmental professional in | 29044 |
| preparing the no further action letter. | 29045 |
| (8) Methods for determining fees to be paid for the following | 29046 |
| services provided by the agency under this chapter and rules | 29047 |
| adopted under it: | 29048 |
| (a) Site- or property-specific technical assistance in | 29049 |
| developing or implementing plans in connection with a voluntary | 29050 |
| action; | 29051 |
| (b) Reviewing applications for and issuing consolidated | 29052 |
| standards permits under section 3746.15 of the Revised Code and | 29053 |
| monitoring compliance with those permits; | 29054 |
| (c) Negotiating, preparing, and entering into agreements | 29055 |
| necessary for the implementation and administration of this | 29056 |
| chapter and rules adopted under it; | 29057 |
| (d) Reviewing no further action letters, issuing covenants | 29058 |
| not to sue, and monitoring compliance with any terms and | 29059 |
| conditions of those covenants and with operation and maintenance | 29060 |
| agreements entered into pursuant to those covenants, including, | 29061 |
| without limitation, conducting audits of properties where | 29062 |
| voluntary actions are being or were conducted under this chapter | 29063 |
| and rules adopted under it. | 29064 |
| The fees established pursuant to the rules adopted under | 29065 |
| division (B)(8) of this section shall be at a level sufficient to | 29066 |
| defray the direct and indirect costs incurred by the agency for | 29067 |
| the administration and enforcement of this chapter and rules | 29068 |
| adopted under it other than the provisions regarding the | 29069 |
| certification of professionals and laboratories. | 29070 |
| (9) Criteria for selecting the no further action letters | 29071 |
| issued under section 3746.11 of the Revised Code that will be | 29072 |
| audited under section 3746.17 of the Revised Code, and the scope | 29073 |
| and procedures for conducting those audits. The rules adopted | 29074 |
| under division (B)(9) of this section, at a minimum, shall require | 29075 |
| the director to establish priorities for auditing no further | 29076 |
| action letters to which any of the following applies: | 29077 |
| (a) The letter was prepared by an environmental professional | 29078 |
| who was deemed to be a certified professional under division (D) | 29079 |
| of section 3746.07 of the Revised Code, but who does not comply | 29080 |
| with the criteria established in rules adopted under division | 29081 |
| (B)(5) of this section as determined pursuant to rules adopted | 29082 |
| under division (B)(5)(d) of this section | 29083 |
| (b) The letter was submitted fraudulently | 29084 |
| (c) The letter was prepared by a certified environmental | 29085 |
| professional whose certification subsequently was revoked in | 29086 |
| accordance with rules adopted under division (B)(5) of this | 29087 |
| section, or analyses were performed for the purposes of the no | 29088 |
| further action letter by a certified laboratory whose | 29089 |
| certification subsequently was revoked in accordance with rules | 29090 |
| adopted under division (B)(6) of
this section | 29091 |
| (d) A covenant not to sue that was issued pursuant to the | 29092 |
|
letter was revoked under this chapter | 29093 |
| (e) The letter was for a voluntary action that was conducted | 29094 |
| pursuant to a risk assessment in accordance with rules adopted | 29095 |
| under division (B)(2) of this section | 29096 |
| (f) The letter was for a voluntary action that included as | 29097 |
| remedial activities engineering controls authorized under section | 29098 |
| 3746.05 of the Revised Code or restrictions on the use of the | 29099 |
| relevant property identified pursuant to division (C)(3) of | 29100 |
| section 3746.10 of the Revised Code. | 29101 |
| The rules adopted under division (B)(9) of this section shall | 29102 |
| provide for random audits of no further action letters to which | 29103 |
| the rules adopted under divisions (B)(9)(a) to (f) of this section | 29104 |
| do not apply. | 29105 |
| (10) A classification system to characterize ground water | 29106 |
| according to its capability to be used for human use and its | 29107 |
| impact on the environment and a methodology that shall be used to | 29108 |
| determine when ground water that has become contaminated from | 29109 |
| sources on a property for which a covenant not to sue is requested | 29110 |
| under section 3746.11 of the Revised Code shall be remediated to | 29111 |
| the standards established in the rules adopted under division | 29112 |
| (B)(1) or (2) of this section. | 29113 |
| (a) In adopting rules under division (B)(10) of this section | 29114 |
| to characterize ground water according to its capability for human | 29115 |
| use, the director shall consider all of the following: | 29116 |
| (i) The presence of legally enforceable, reliable | 29117 |
| restrictions on the use of ground water, including, without | 29118 |
| limitation, local rules or ordinances; | 29119 |
| (ii) The presence of regional commingled contamination from | 29120 |
| multiple sources that diminishes the quality of ground water; | 29121 |
| (iii) The natural quality of ground water; | 29122 |
| (iv) Regional availability of ground water and reasonable | 29123 |
| alternative sources of drinking water; | 29124 |
| (v) The productivity of the aquifer; | 29125 |
| (vi) The presence of restrictions on the use of ground water | 29126 |
| implemented under this chapter and rules adopted under it; | 29127 |
| (vii) The existing use of ground water. | 29128 |
| (b) In adopting rules under division (B)(10) of this section | 29129 |
| to characterize ground water according to its impacts on the | 29130 |
| environment, the director shall consider both of the following: | 29131 |
| (i) The risks posed to humans, fauna, surface water, | 29132 |
| sediments, soil, air, and other resources by the continuing | 29133 |
| presence of contaminated ground water; | 29134 |
| (ii) The availability and feasibility of technology to remedy | 29135 |
| ground water contamination. | 29136 |
| (11) Governing the application for and issuance of variances | 29137 |
| under section 3746.09 of the Revised Code; | 29138 |
| (12)(a) In the case of voluntary actions involving | 29139 |
| contaminated ground water, specifying the circumstances under | 29140 |
| which the generic numerical clean-up standards established in | 29141 |
| rules adopted under division (B)(1) of this section and standards | 29142 |
| established through a risk assessment conducted pursuant to rules | 29143 |
| adopted under division (B)(2) of this section shall be | 29144 |
| inapplicable to the remediation of contaminated ground water and | 29145 |
| under which the standards for remediating contaminated ground | 29146 |
| water shall be established on a case-by-case basis prior to the | 29147 |
| commencement of the voluntary action pursuant to rules adopted | 29148 |
| under division (B)(12)(b) of this section; | 29149 |
| (b) Criteria and procedures for the case-by-case | 29150 |
| establishment of standards for the remediation of contaminated | 29151 |
| ground water under circumstances in which the use of the generic | 29152 |
| numerical clean-up standards and standards established through a | 29153 |
| risk assessment are precluded by the rules adopted under division | 29154 |
| (B)(12)(a) of this section. The rules governing the procedures for | 29155 |
| the case-by-case development of standards for the remediation of | 29156 |
| contaminated ground water shall establish application, public | 29157 |
| participation, adjudication, and appeals requirements and | 29158 |
| procedures that are equivalent to the requirements and procedures | 29159 |
| established in section 3746.09 of the Revised Code and rules | 29160 |
| adopted under division (B)(11) of this section, except that the | 29161 |
| procedural rules shall not require an applicant to make the | 29162 |
| demonstrations set forth in divisions (A)(1) to (3) of section | 29163 |
| 3746.09 of the Revised Code and shall not require the director to | 29164 |
| obtain the advice of the property revitalization board created in | 29165 |
| section 3746.08 of the Revised Code regarding any application | 29166 |
| submitted pursuant to the rules adopted under division (B)(12)(b) | 29167 |
| of this section. | 29168 |
| (13) A definition of the evidence that constitutes sufficient | 29169 |
| evidence for the purpose of division (A)(5) of section 3746.02 of | 29170 |
| the Revised Code. | 29171 |
| At least thirty days before filing the proposed rules | 29172 |
| required to be adopted under this section with the secretary of | 29173 |
| state, director of the legislative service commission, and joint | 29174 |
| committee on agency rule review in accordance with divisions (B) | 29175 |
| and (H) of section 119.03 of the Revised Code, the director of | 29176 |
| environmental protection shall hold at least one public meeting on | 29177 |
| the proposed rules in each of the five districts into which the | 29178 |
| agency has divided the state for administrative purposes. | 29179 |
| Sec. 3746.071. (A) As used in this section, "certified | 29180 |
| professional" means a certified professional deemed to be | 29181 |
| certified under division (D) of section 3746.07 of the Revised | 29182 |
| Code. | 29183 |
| (B) A certified professional shall do all of the following: | 29184 |
| (1) Protect the safety, health, and welfare of the public in | 29185 |
| the performance of | 29186 |
| arises where the certified professional faces a situation where | 29187 |
| the safety, health, or welfare of the public would not be | 29188 |
|
protected, | 29189 |
| following: | 29190 |
| (a) Sever | 29191 |
| professional's employer or client; | 29192 |
| (b) Refuse to accept responsibility for the design, report, | 29193 |
| or statement involved; | 29194 |
| (c) Notify the director of environmental protection if, in | 29195 |
| the opinion of the certified professional, the situation is | 29196 |
| sufficiently important. | 29197 |
| (2) Undertake to perform assignments only when | 29198 |
| certified
professional or | 29199 |
| consulting support is qualified by training and experience in the | 29200 |
| specific technical fields involved; | 29201 |
| (3) Be completely objective in any professional report, | 29202 |
|
statement, or testimony. | 29203 |
| include all relevant and pertinent information in the report, | 29204 |
| statement, or testimony when the result of an omission would or | 29205 |
| reasonably could lead to a fallacious conclusion. | 29206 |
| (4) Express an opinion as a technical or expert witness | 29207 |
| before any court, commission, or other tribunal only when it is | 29208 |
| founded upon adequate knowledge of the facts in issue, upon a | 29209 |
| background of technical competence in the subject matter, and upon | 29210 |
| honest conviction of the accuracy and propriety of | 29211 |
| testimony. | 29212 |
| (C) A certified professional shall not issue statements, | 29213 |
| criticisms, or arguments on matters connected with public policy | 29214 |
|
that are inspired or paid for by an interested party, unless | 29215 |
| the
certified professional has prefaced | 29216 |
|
explicitly identifying | 29217 |
| disclosing the identity
of the parties on whose behalf | 29218 |
| certified professional is speaking, and by revealing the existence | 29219 |
| of any pecuniary interest | 29220 |
| in the instant matters. | 29221 |
| (D)(1) A certified professional shall conscientiously avoid | 29222 |
| any conflict of interest with | 29223 |
| employer or client. | 29224 |
| (2) A certified professional promptly shall inform | 29225 |
| certified professional's employer or client of any business | 29226 |
| association,
interests, or circumstances that could influence | 29227 |
| the certified
professional's judgment or the quality of | 29228 |
| certified
professional's service to | 29229 |
| (3) A certified professional shall not accept compensation, | 29230 |
| financial or otherwise, from more than one party for services on | 29231 |
| or pertaining to the same project, unless the circumstances are | 29232 |
| fully disclosed to, and agreed to, by all interested parties or | 29233 |
| their duly authorized agents. | 29234 |
| (4) A certified professional shall not solicit or accept | 29235 |
| financial or other valuable considerations from material or | 29236 |
| equipment suppliers for specifying their products. | 29237 |
| (5) A certified professional shall not solicit or accept | 29238 |
| gratuities, directly or indirectly, from contractors, their | 29239 |
|
agents, or other parties dealing directly with | 29240 |
| professional's employer or client in connection with the work for | 29241 |
| which
| 29242 |
| (E)(1) A certified professional shall not pay, solicit, or | 29243 |
| offer, directly or indirectly, any bribe or commission for | 29244 |
|
professional employment with the exception of | 29245 |
| usual commission for securing salaried positions through licensed | 29246 |
| employment agencies. | 29247 |
| (2) A certified professional shall seek professional | 29248 |
| employment on the basis of qualification and competence for proper | 29249 |
| accomplishment of the work. A certified professional may submit | 29250 |
| proposed fee information prior to | 29251 |
| certified professional under this chapter and rules adopted under | 29252 |
| it. | 29253 |
| (3) A certified professional shall not falsify or permit | 29254 |
|
misrepresentation of | 29255 |
| certified professional's associates' academic or professional | 29256 |
| qualifications. | 29257 |
| misrepresent or exaggerate | 29258 |
| of responsibility in or for the subject matter of prior | 29259 |
| assignments. | 29260 |
| (4) Brochures or other presentations incident to the | 29261 |
| solicitation of employment by a certified professional shall not | 29262 |
|
misrepresent pertinent facts concerning | 29263 |
| professional's employers, employees, associates, or joint | 29264 |
| ventures, or
| 29265 |
|
with the intent and purpose of enhancing | 29266 |
|
professional's qualifications for | 29267 |
| work. | 29268 |
| (F)(1) A certified professional shall not sign or seal | 29269 |
|
professional work for which | 29270 |
| have personal professional knowledge and direct supervisory | 29271 |
| control and responsibility. | 29272 |
| (2) A certified professional shall not knowingly associate | 29273 |
|
with, or permit the use of | 29274 |
|
name or | 29275 |
| in, a business venture by any person or firm that | 29276 |
| professional knows, or has reason to believe, is engaging in | 29277 |
| business or professional practices of a fraudulent or dishonest | 29278 |
| nature. | 29279 |
| (3) If a certified professional has knowledge or reason to | 29280 |
| believe that another person or firm has violated any of the | 29281 |
|
provisions of this chapter or any requirement of this section, | 29282 |
| the certified professional shall present the information to the | 29283 |
| director in writing. | 29284 |
| (G) The director, in accordance with | 29285 |
| adopted under section 3746.04 of the Revised Code, may suspend for | 29286 |
| a period of not more than five years or permanently revoke a | 29287 |
| certified professional's certification for a violation of or | 29288 |
| failure to comply with any requirement or obligation set forth in | 29289 |
| this section. | 29290 |
| Sec. 3748.07. (A) Every facility that proposes to handle | 29291 |
| radioactive material or radiation-generating equipment for which | 29292 |
| licensure or registration, respectively, by its handler is | 29293 |
| required shall apply in writing to the director of health on forms | 29294 |
| prescribed and provided by the director for licensure or | 29295 |
| registration. Terms and conditions of licenses and certificates of | 29296 |
| registration may be amended in accordance with rules adopted under | 29297 |
| section 3748.04 of the Revised Code or orders issued by the | 29298 |
| director pursuant to section 3748.05 of the Revised Code. | 29299 |
| (B) Until rules are adopted under section 3748.04 of the | 29300 |
| Revised Code, an application for a certificate of registration | 29301 |
| shall be accompanied by a biennial registration fee of two hundred | 29302 |
| eighteen dollars. On and after the effective date of those rules, | 29303 |
| an applicant for a license, registration certificate, or renewal | 29304 |
| of either shall pay the appropriate fee established in those | 29305 |
| rules. | 29306 |
| All fees collected under this section shall be deposited in | 29307 |
| the state treasury to the credit of the general operations fund | 29308 |
| created in section 3701.83 of the Revised Code. The fees shall be | 29309 |
| used solely to administer and enforce this chapter and rules | 29310 |
| adopted under it. | 29311 |
| Any fee required under this section that has not been paid | 29312 |
| within ninety days after the invoice date shall be assessed at two | 29313 |
| times the original invoiced fee. Any fee that has not been paid | 29314 |
| within one hundred eighty days after the invoice date shall be | 29315 |
| assessed at five times the original invoiced fee. | 29316 |
| (C) The director shall grant a license or registration to any | 29317 |
| applicant who has paid the required fee and is in compliance with | 29318 |
| this chapter and rules adopted under it. | 29319 |
| Until rules are adopted under section 3748.04 of the Revised | 29320 |
| Code, certificates of registration shall be effective for two | 29321 |
| years from the date of issuance. On and after the effective date | 29322 |
| of those rules, licenses and certificates of registration shall be | 29323 |
| effective for the applicable period established in those rules. | 29324 |
| Licenses and certificates of registration shall be renewed in | 29325 |
| accordance with the standard renewal procedure established in | 29326 |
| Chapter 4745. of the Revised Code. | 29327 |
| Sec. 3748.13. (A) The director of health shall inspect | 29328 |
| sources of radiation for which licensure or registration by the | 29329 |
| handler is required, and the sources' shielding and surroundings, | 29330 |
| according to the schedule established in rules adopted under | 29331 |
| division (D) of section 3748.04 of the Revised Code. In accordance | 29332 |
| with rules adopted under that section, the director shall inspect | 29333 |
| all records and operating procedures of handlers that install | 29334 |
| sources of radiation and all sources of radiation for which | 29335 |
| licensure of radioactive material or registration of | 29336 |
| radiation-generating equipment by the handler is required. The | 29337 |
| director may make other inspections upon receiving complaints or | 29338 |
| other evidence of violation of this chapter or rules adopted under | 29339 |
| it. | 29340 |
| The director shall require any hospital registered under | 29341 |
| division (A) of section 3701.07 of the Revised Code to develop and | 29342 |
| maintain a quality assurance program for all sources of | 29343 |
| radiation-generating equipment. A certified radiation expert shall | 29344 |
| conduct oversight and maintenance of the program and shall file a | 29345 |
| report of audits of the program with the director on forms | 29346 |
| prescribed by the director. The audit reports shall become part of | 29347 |
| the inspection record. | 29348 |
| (B) Until rules are adopted under division (A)(8) of section | 29349 |
| 3748.04 of the Revised Code, a facility shall pay inspection fees | 29350 |
| according to the following schedule and categories: | 29351 |
| First dental x-ray tube | $ |
29352 | |||
| Each additional dental x-ray tube at the same location | $ |
29353 | |||
| First medical x-ray tube | $ |
29354 | |||
| Each additional medical x-ray tube at the same location | $ |
29355 | |||
| Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak | $ |
29356 | |||
| First nonionizing radiation-generating equipment of any kind | $ |
29357 | |||
| Each additional nonionizing radiation-generating equipment of any kind at the same location | $ |
29358 | |||
| Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation | $ |
29359 |
| Until rules are adopted under division (A)(8) of section | 29360 |
| 3748.04 of the Revised Code, the fee for an inspection to | 29361 |
| determine whether violations cited in a previous inspection have | 29362 |
| been corrected is fifty per cent of the fee applicable under the | 29363 |
| schedule in this division. Until those rules are adopted, the fee | 29364 |
| for the inspection of a facility that is not licensed or | 29365 |
| registered and for which no license or registration application is | 29366 |
|
pending at the time of inspection is three hundred
| 29367 |
| ninety-five dollars plus the fee applicable under the schedule in | 29368 |
| this division. | 29369 |
| The director may conduct a review of shielding plans or the | 29370 |
| adequacy of shielding on the request of a licensee or registrant | 29371 |
| or an applicant for licensure or registration or during an | 29372 |
| inspection when the director considers a review to be necessary. | 29373 |
| Until rules are adopted under division (A)(8) of section 3748.04 | 29374 |
| of the Revised Code,
the fee for the review is | 29375 |
| 29376 | |
| radiation is used and is in addition to any other fee applicable | 29377 |
| under the schedule in this division. | 29378 |
| All fees shall be paid to the department of health no later | 29379 |
| than thirty days after the invoice for the fee is mailed. Fees | 29380 |
| shall be deposited in the general operations fund created in | 29381 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 29382 |
| to administer and enforce this chapter and rules adopted under it. | 29383 |
| Any fee required under this section that has not been paid | 29384 |
| within ninety days after the invoice date shall be assessed at two | 29385 |
| times the original invoiced fee. Any fee that has not been paid | 29386 |
| within one hundred eighty days after the invoice date shall be | 29387 |
| assessed at five times the original invoiced fee. | 29388 |
| (C) If the director determines that a board of health of a | 29389 |
| city or general health district is qualified to conduct | 29390 |
| inspections of radiation-generating equipment, the director may | 29391 |
| delegate to the board, by contract, the authority to conduct such | 29392 |
| inspections. In making a determination of the qualifications of a | 29393 |
| board of health to conduct those inspections, the director shall | 29394 |
| evaluate the credentials of the individuals who are to conduct the | 29395 |
| inspections of radiation-generating equipment and the radiation | 29396 |
| detection and measuring equipment available to them for that | 29397 |
| purpose. If a contract is entered into, the board shall have the | 29398 |
| same authority to make inspections of radiation-generating | 29399 |
| equipment as the director has under this chapter and rules adopted | 29400 |
| under it. The contract shall stipulate that only individuals | 29401 |
| approved by the director as qualified shall be permitted to | 29402 |
| inspect radiation-generating equipment under the contract's | 29403 |
| provisions. The contract shall provide for such compensation for | 29404 |
| services as is agreed to by the director and the board of health | 29405 |
| of the contracting health district. The director may reevaluate | 29406 |
| the credentials of the inspection personnel and their radiation | 29407 |
| detecting and measuring equipment as often as the director | 29408 |
| considers necessary and may terminate any contract with the board | 29409 |
| of health of any health district that, in the director's opinion, | 29410 |
| is not satisfactorily performing the terms of the contract. | 29411 |
| (D) The director may enter at all reasonable times upon any | 29412 |
| public or private property to determine compliance with this | 29413 |
| chapter and rules adopted under it. | 29414 |
| Sec. 3770.061. There is hereby created in the state treasury | 29415 |
| the charitable gaming oversight fund. The state lottery commission | 29416 |
| shall credit to the fund any money it receives from the office of | 29417 |
| the attorney general under any agreement the commission and the | 29418 |
| office have entered into under division (I) of section 2915.08 of | 29419 |
| the Revised Code. The commission shall use money in the fund to | 29420 |
| provide oversight, licensing, and monitoring of charitable gaming | 29421 |
| activities in this state in accordance with the agreement and | 29422 |
| Chapter 2915. of the Revised Code. Not later than the first day of | 29423 |
| July of each fiscal year, or as soon as possible thereafter, the | 29424 |
| commission may certify to the office of budget and management any | 29425 |
| unobligated fund balances not necessary to be used under this | 29426 |
| section. The commission may request the office of budget and | 29427 |
| management to transfer these balances to the lottery profits | 29428 |
| education fund for use in accordance with section 3770.06 of the | 29429 |
| Revised Code. | 29430 |
| Sec. 3773.34. (A) The Ohio athletic commission shall adopt | 29431 |
| and may amend or rescind rules in accordance with Chapter 119. of | 29432 |
| the Revised Code, prescribing the conditions under which prize | 29433 |
| fights and public boxing or wrestling matches or exhibitions may | 29434 |
| be conducted, classifying professional boxers by weight, and | 29435 |
| providing for the administration of sections 3773.31 to 3773.57 of | 29436 |
| the Revised Code. The rules may require that an applicant for a | 29437 |
| contestant's license to participate in a public boxing match or | 29438 |
| exhibition take an HIV test, as defined in section 3701.24 of the | 29439 |
| Revised Code, before being issued the contestant's license and may | 29440 |
| require that a licensed contestant take such an HIV test before | 29441 |
| participating in a public boxing match or exhibition. The | 29442 |
| commission, or the commission's executive director when authorized | 29443 |
| by the commission, may issue, deny, suspend, or revoke permits to | 29444 |
| hold prize fights and public boxing or wrestling matches or | 29445 |
| exhibitions | 29446 |
| revoke licenses to persons engaged in any public boxing match or | 29447 |
| exhibition as authorized by sections 3773.31 to 3773.57 of the | 29448 |
| Revised Code. | 29449 |
| (B) In addition to the duties set forth in this chapter, the | 29450 |
| Ohio athletic commission shall take action as necessary to carry | 29451 |
| out the provisions of Chapter 4771. of the Revised Code governing | 29452 |
| athlete agents. | 29453 |
| (C) On or before the thirty-first day of December of each | 29454 |
| year, the commission shall make a report to the governor of its | 29455 |
| proceedings for the year ending on the first day of December of | 29456 |
| that calendar year, and may include in the report any | 29457 |
| recommendations pertaining to its duties. | 29458 |
| Sec. 3773.38. Each person who holds a promoter's license | 29459 |
| issued under section 3773.36 of the Revised Code who desires to | 29460 |
| conduct a public boxing or wrestling match or exhibition where one | 29461 |
| or more contests are to be held shall obtain a permit from the | 29462 |
| Ohio athletic commission or the commission's executive director | 29463 |
| when the executive director is authorized by the commission to | 29464 |
| issue those types of permits. Application for such a permit shall | 29465 |
| be made in writing and on forms prescribed by the commission, | 29466 |
| shall be filed with the commission, and shall be accompanied by | 29467 |
| the permit fee prescribed in section 3773.43 of the Revised Code. | 29468 |
| The application for a permit issued under this section shall | 29469 |
| include the date and starting time of the match or exhibition, the | 29470 |
| address of the place where the match or exhibition is to be held, | 29471 |
| the names of the contestants, the seating capacity of the building | 29472 |
| or hall where the exhibition is to be held, the admission charge | 29473 |
| or any other charges, the amount of compensation or the percentage | 29474 |
| of gate receipts to be paid to each contestant, the name and | 29475 |
| address of the applicant, a copy of the current official rules | 29476 |
| that govern the particular sport, and the serial number of the | 29477 |
| applicant's promoter's license. | 29478 |
| The commission, or the commission's executive director when | 29479 |
| authorized by the commission, may require the applicant to deposit | 29480 |
| with the commission before a public boxing match or exhibition a | 29481 |
| cash bond, certified check, bank draft, or surety bond in an | 29482 |
| amount equal to five per cent of the estimated gross receipts from | 29483 |
| the match or exhibition. | 29484 |
| Sec. 3773.39. (A) Upon receipt of an application for a | 29485 |
| permit to hold a public boxing or wrestling match or exhibition | 29486 |
| under section 3773.38 of the Revised Code, the Ohio athletic | 29487 |
| commission, or the commission's executive director when authorized | 29488 |
| by the commission, shall determine if the applicant holds a valid | 29489 |
| promoter's license issued pursuant to section 3773.36 of the | 29490 |
| Revised Code. Upon receipt of an application for a permit to hold | 29491 |
| a public boxing match or exhibition, the commission, or the | 29492 |
| commission's executive director when authorized by the commission, | 29493 |
| also shall determine if the contestants are evenly and fairly | 29494 |
| matched according to skill, experience, and weight so as to | 29495 |
| produce a fair and sportsmanlike contest, and whether the | 29496 |
| applicant is financially responsible and is able to pay to each | 29497 |
| contestant the compensation or percentage of the gate receipts | 29498 |
| named in the application. The commission, or the commission's | 29499 |
| executive director when authorized by the commission, may, if | 29500 |
| applicable, require the applicant to deposit with it within | 29501 |
| forty-eight hours before the match or exhibition the total | 29502 |
| compensation or estimated portion of gate receipts to be paid all | 29503 |
| contestants named in the application made under section 3773.38 of | 29504 |
| the Revised Code. | 29505 |
| (B) If the commission, or the commission's executive director | 29506 |
| when authorized by the commission, determines that the applicant | 29507 |
| has met all the requirements specified in division (A) of this | 29508 |
|
section, | 29509 |
| applicant a permit to conduct the match or exhibition. If the | 29510 |
| applicant fails to deposit any compensation or portion of gate | 29511 |
| receipts required by the commission, or executive director before | 29512 |
| the first contest of the match or exhibition is held, the | 29513 |
| commission, or the commission's executive director when authorized | 29514 |
| by the commission, may revoke the permit and order the applicant | 29515 |
| not to conduct the match or exhibition described in the permit. | 29516 |
| (C) Each permit issued pursuant to this section shall bear | 29517 |
| the name and post office address of the applicant, the address of | 29518 |
| the place where the public boxing or wrestling match or exhibition | 29519 |
| is to be held, the date and starting time of the match or | 29520 |
| exhibition, and a serial number designated by the commission. | 29521 |
| A permit issued under this section shall allow the permit | 29522 |
| holder to conduct only the match or exhibition named in the | 29523 |
| permit. A permit is not transferable. | 29524 |
| Sec. 3773.40. No person who holds a promoter's license to | 29525 |
| conduct a public boxing match or exhibition under section 3773.36 | 29526 |
| of the Revised Code shall: | 29527 |
| (A) Hold any match or exhibition at any time or place other | 29528 |
| than that stated on a permit issued under section 3773.38 of the | 29529 |
| Revised Code; | 29530 |
| (B) Allow any contestant to participate in the match or | 29531 |
| exhibition unless the contestant is the licensed contestant named | 29532 |
| in the application for such permit or a licensed contestant | 29533 |
| authorized to compete as a substitute for such a contestant by the | 29534 |
| inspector assigned to the facility where the match or exhibition | 29535 |
| is held for that match or exhibition; | 29536 |
| (C) Charge a higher admission price for a match or exhibition | 29537 |
| than that stated in the application; | 29538 |
| (D) Pay a greater compensation or percentage of the gate | 29539 |
| receipts to any contestant than that stated in the application. | 29540 |
| The Ohio athletic commission, or the commission's executive | 29541 |
| director when authorized by the commission, upon application by a | 29542 |
| holder of a permit under section 3773.38 of the Revised Code, may | 29543 |
| allow the permit holder to hold the match or exhibition for which | 29544 |
| the permit was issued at an alternative site that is within the | 29545 |
| same municipal corporation or township and that offers | 29546 |
| substantially similar seating facilities, or allow the permit | 29547 |
| holder to substitute contestants or seconds, provided that the | 29548 |
| substitute contestants are evenly matched with their opponents in | 29549 |
| skill, experience, and weight. | 29550 |
| Sec. 3773.57. The Ohio athletic commission and the | 29551 |
| commission's executive director shall not issue a license or | 29552 |
| permit to conduct public boxing or wrestling matches or | 29553 |
| exhibitions in a municipal corporation or the unincorporated | 29554 |
| portion of a township if the commission or the commission's | 29555 |
| executive director determines that the legislative authority of | 29556 |
| the municipal corporation or board of township trustees has in | 29557 |
| effect an ordinance or resolution prohibiting such matches or | 29558 |
| exhibitions. | 29559 |
| Sec. 3793.09. (A) There is hereby created the council on | 29560 |
| alcohol and drug addiction services which shall consist of the | 29561 |
| public officials specified in division (B) of this section, or | 29562 |
| their designees, and thirteen members appointed by the governor | 29563 |
| with the advice and consent of the senate. The members appointed | 29564 |
| by the governor shall be representatives of the following: boards | 29565 |
| of alcohol, drug addiction, and mental health services; the | 29566 |
| criminal and juvenile justice systems; and alcohol and drug | 29567 |
| addiction programs. At least four of the appointed members shall | 29568 |
| be persons who have received or are receiving alcohol or drug | 29569 |
| addiction services or are parents or other relatives of such | 29570 |
| persons; of these at least two shall be women and at least one | 29571 |
| shall be a member of a minority group. | 29572 |
| The governor shall make initial appointments to the council | 29573 |
| not later than thirty days after October 10, 1989. Of the initial | 29574 |
| appointments, six shall be for terms ending July 31, 1991, and | 29575 |
| seven shall be for terms ending July 31, 1992. Thereafter, terms | 29576 |
| of office shall be two years, with each term ending on the same | 29577 |
| day of the same month as the term it succeeds. Each member shall | 29578 |
| hold office from the date of the member's appointment until the | 29579 |
| end of the term for which the member was appointed. Members may be | 29580 |
| reappointed. Vacancies shall be filled in the same manner as | 29581 |
| original appointments. Any member appointed to fill a vacancy | 29582 |
| occurring prior to the expiration of the term for which the | 29583 |
| member's predecessor was appointed shall hold office as a member | 29584 |
| for the remainder of the term. A member shall continue in office | 29585 |
| subsequent to the expiration of the member's term until the | 29586 |
| member's successor takes office or until a period of sixty days | 29587 |
| has elapsed, whichever occurs first. | 29588 |
| (B) The directors of health, public safety, mental health, | 29589 |
| rehabilitation and correction, and youth services; the | 29590 |
| superintendents of public instruction and liquor control; the | 29591 |
| attorney general; the adjutant general; and the executive director | 29592 |
| of the | 29593 |
| department of public safety shall be voting members of the | 29594 |
| council, except that any of these officials may designate an | 29595 |
| individual to serve in the official's place as a voting member of | 29596 |
| the council. The director of alcohol and drug addiction services | 29597 |
| shall serve as a nonvoting member of the council. | 29598 |
| (C) The governor shall annually appoint a | 29599 |
| chairperson from among the members of the council. The council | 29600 |
| shall meet
quarterly and at other times the | 29601 |
| considers necessary. In addition to other duties specified in this | 29602 |
| chapter, the council shall review the development of the | 29603 |
| comprehensive statewide plan for alcohol and drug addiction | 29604 |
| services, revisions of the plan, and other actions taken to | 29605 |
| implement the purposes of this chapter by the department of | 29606 |
| alcohol and drug addiction services and shall act as an advisory | 29607 |
| council to the director of alcohol and drug addiction services. | 29608 |
| (D) Members of the council shall serve without compensation, | 29609 |
| but shall be paid actual and necessary expenses incurred in the | 29610 |
| performance of their duties. | 29611 |
| Sec. 3901.021. Three-fourths of all appointment and other | 29612 |
| fees collected under section 3905.10, division (B) of section | 29613 |
| 3905.20, and division (A)(6) of section 3905.40 of the Revised | 29614 |
| Code shall be paid into the state treasury to the credit of the | 29615 |
| department of insurance operating fund, which is hereby created. | 29616 |
| The remaining one-fourth shall be credited to the general revenue | 29617 |
| fund. Other revenues collected by the superintendent of insurance, | 29618 |
| such as registration fees for sponsored seminars or conferences | 29619 |
| and grants from private entities, shall be paid into the state | 29620 |
| treasury to the credit of the department of insurance operating | 29621 |
| fund. All operating expenses of the department of insurance except | 29622 |
| those expenses defined under section 3901.07 of the Revised Code | 29623 |
| shall be paid from the department of insurance operating fund. | 29624 |
| Sec. 3901.17. (A) As used in this section: | 29625 |
| (1) "Insurer" includes, but is not limited to, any person | 29626 |
| that is an affiliate of or affiliated with the insurer, as defined | 29627 |
| in division (A) of section 3901.32 of the Revised Code, and any | 29628 |
| person that is a subsidiary of the insurer as defined in division | 29629 |
| (F) of section 3901.32 of the Revised Code. | 29630 |
| (2) "Laws of this state relating to insurance" has the | 29631 |
| meaning defined in division (A)(1) of section 3901.04 of the | 29632 |
| Revised Code. | 29633 |
| (3) "Person" has the meaning defined in division (A) of | 29634 |
| section 3901.19 of the Revised Code. | 29635 |
| (B) Any of the following acts in this state, effected by mail | 29636 |
| or otherwise, by any foreign or alien insurer not authorized to | 29637 |
| transact business within this state, any nonresident person acting | 29638 |
| on behalf of an insurer, or any nonresident insurance agent | 29639 |
| subjects the insurer, person, or agent to the exercise of personal | 29640 |
| jurisdiction over the insurer, person, or agent to the extent | 29641 |
| permitted by the constitutions of this state and of the United | 29642 |
| States: | 29643 |
| (1) Issuing or delivering contracts of insurance to residents | 29644 |
| of this state or to corporations authorized to do business | 29645 |
| therein; | 29646 |
| (2) Making or proposing to make any insurance contracts; | 29647 |
| (3) Soliciting, taking, or receiving any application for | 29648 |
| insurance; | 29649 |
| (4) Receiving or collecting any premium, commission, | 29650 |
| membership fee, assessment, dues, or other consideration for any | 29651 |
| insurance contract or any part thereof; | 29652 |
| (5) Disseminating information as to coverage or rates, | 29653 |
| forwarding applications, inspecting risks, fixing rates, | 29654 |
| investigating or adjusting claims or losses, transacting any | 29655 |
| matters subsequent to effecting a contract of insurance and | 29656 |
| arising out of it; | 29657 |
| (6) Doing any kind of business recognized as constituting the | 29658 |
| doing of an insurance business under Title XXXIX of the Revised | 29659 |
| Code or subject to regulation by the superintendent of insurance | 29660 |
| under the laws of this state relating to insurance. | 29661 |
| Any such act shall be considered to be the doing of an | 29662 |
| insurance business in this state by such insurer, person, or agent | 29663 |
| and shall be its agreement that service of any lawful subpoena, | 29664 |
| notice, order, or process is of the same legal force and validity | 29665 |
| as personal service of the subpoena, notice, order, or process in | 29666 |
| this state upon the insurer, person, or agent. | 29667 |
| (C) Service of process in judicial proceedings shall be as | 29668 |
| provided by the Rules of Civil Procedure. Service in or out of | 29669 |
| this state of notice, orders, or subpoenas in administrative | 29670 |
| proceedings before the superintendent shall be as provided in | 29671 |
| section 3901.04 of the Revised Code. | 29672 |
| (D) Service of any notice, order, subpoena, or process in any | 29673 |
| such action, suit, or proceeding shall, in addition to the manner | 29674 |
| provided in division (C) of this section, be valid if served upon | 29675 |
| any person within this state who, in this state on behalf of such | 29676 |
| insurer, person, or agent is or has been: | 29677 |
| (1) Soliciting, procuring, effecting, or negotiating for | 29678 |
| insurance; | 29679 |
| (2) Making, issuing, or delivering any contract of insurance; | 29680 |
| (3) Collecting or receiving any premium, membership fees, | 29681 |
| assessment, dues, or other consideration for insurance; | 29682 |
| (4) Disseminating information as to coverage or rates, | 29683 |
| forwarding applications, inspecting risks, fixing rates, | 29684 |
| investigating or adjusting claims or losses, or transacting any | 29685 |
| matters subsequent to effecting a contract of insurance and | 29686 |
| arising out of it. | 29687 |
| (E) Nothing in this section shall limit or abridge the right | 29688 |
| to serve any subpoena, order, process, notice, or demand upon any | 29689 |
| insurer, person, or agent in any other manner permitted by law. | 29690 |
| (F) Every person investigating or adjusting any loss or claim | 29691 |
| under a policy of insurance not excepted under division (I) of | 29692 |
| this section and issued by any such insurer and covering a subject | 29693 |
| of insurance that was resident, located, or to be performed in | 29694 |
| this state at the time of issuance shall immediately report the | 29695 |
| policy to the superintendent. | 29696 |
| (G) Each such insurer that does any of the acts set forth in | 29697 |
| division (B) of this section in this state by mail or otherwise | 29698 |
| shall be subject to a tax of five per cent on the gross premiums, | 29699 |
| membership fees, assessments, dues, and other considerations | 29700 |
| received on all contracts of insurance covering subjects of | 29701 |
| insurance resident, located, or to be performed within this state. | 29702 |
| Such insurer shall annually, on or before the first day of July, | 29703 |
| pay such tax to the treasurer of state, as calculated on a form | 29704 |
| prescribed by the treasurer of state. If the tax is not paid when | 29705 |
| due, the tax shall be increased by a penalty of twenty-five per | 29706 |
| cent. An interest charge computed as set forth in section 5725.221 | 29707 |
| of the Revised Code shall be made on the entire sum of the tax | 29708 |
| plus penalty, which interest shall be computed from the date the | 29709 |
| tax is due until it is paid. The treasurer of state shall | 29710 |
| determine and report all claims for penalties and interest | 29711 |
| accruing under this section to the attorney general for | 29712 |
| collection. | 29713 |
| For purposes of this division, payment is considered made | 29714 |
| when it is received by the treasurer of state, irrespective of any | 29715 |
| United States postal service marking or other stamp or mark | 29716 |
| indicating the date on which the payment may have been mailed. | 29717 |
| (H) No contract of insurance effected in this state by mail | 29718 |
| or otherwise by any such insurer is enforceable by the insurer. | 29719 |
| (I) This section does not apply to: | 29720 |
| (1) Insurance obtained pursuant to sections 3905.30 to | 29721 |
| 3905.36 of the Revised Code; | 29722 |
| (2) The transaction of reinsurance by insurers; | 29723 |
| (3) Transactions in this state involving a policy solicited, | 29724 |
| written, and delivered outside this state covering only subjects | 29725 |
| of insurance not resident, located, or to be performed in this | 29726 |
| state at the time of issuance, provided such transactions are | 29727 |
| subsequent to the issuance of the policy; | 29728 |
| (4) Transactions in this state involving a policy of group | 29729 |
| life or group accident and sickness insurance solicited, written, | 29730 |
| and delivered outside this state; | 29731 |
| (5) Transactions involving contracts of insurance | 29732 |
| independently procured through negotiations occurring entirely | 29733 |
| outside this state which are reported to the superintendent and | 29734 |
| with respect to which the tax provided by section 3905.36 of the | 29735 |
| Revised Code is paid; | 29736 |
| (6) An attorney at law acting on behalf of the attorney's | 29737 |
| clients in the adjustment of claims or losses; | 29738 |
| (7) | 29739 |
| any insurance company underwriter issuing contracts of insurance | 29740 |
| to employer insureds or contracts of insurance issued to an | 29741 |
| employer insured. For purposes of this section, an "employer | 29742 |
| insured" is an insured to whom all of the following apply: | 29743 |
| (a) The insured procures the insurance of any risk or risks | 29744 |
| by use of the services of a full-time employee acting as an | 29745 |
| insurance manager or buyer or the services of a regularly and | 29746 |
| continuously qualified insurance consultant. As used in division | 29747 |
| (I)(7)(a) of this section, a "regularly and continuously qualified | 29748 |
| insurance consultant" does not include any person licensed under | 29749 |
| Chapter 3905. of the Revised Code. | 29750 |
| (b) The insured's aggregate annual premiums for insurance on | 29751 |
| all risks total at least twenty-five thousand dollars; and | 29752 |
| (c) The insured has at least twenty-five full-time employees. | 29753 |
| (8) Ocean marine insurance. | 29754 |
| Sec. 3905.36. Every insured association, company, | 29755 |
| corporation, or other person that enters, directly or indirectly, | 29756 |
| into any agreements with any insurance company, association, | 29757 |
| individual, firm, underwriter, or Lloyd, not authorized to do | 29758 |
| business in this state, whereby the insured shall procure, | 29759 |
| continue, or renew contracts of insurance covering subjects of | 29760 |
| insurance resident, located, or to be performed within this state, | 29761 |
| with such unauthorized insurance company, association, individual, | 29762 |
| firm, underwriter, or Lloyd, for which insurance there is a gross | 29763 |
| premium, membership fee, assessment, dues, or other consideration | 29764 |
| charged or collected, shall annually, on or before the | 29765 |
| thirty-first day of January, return to the superintendent of | 29766 |
| insurance a statement under oath showing the name and address of | 29767 |
| the insured, name and address of the insurer, subject of the | 29768 |
| insurance, general description of the coverage, and amount of | 29769 |
| gross premium, fee, assessment, dues, or other consideration for | 29770 |
| such insurance for the preceding twelve-month period and shall at | 29771 |
| the same time pay to the treasurer of state a tax of five per cent | 29772 |
| of such gross premium, fee, assessment, dues, or other | 29773 |
| consideration, after a deduction for return premium, if any, as | 29774 |
| calculated on a form prescribed by the treasurer of state. All | 29775 |
| taxes collected under this section by the treasurer of state shall | 29776 |
| be paid into the general revenue fund. If the tax is not paid when | 29777 |
| due, the tax shall be increased by a penalty of twenty-five per | 29778 |
| cent. An interest charge computed as set forth in section 5725.221 | 29779 |
| of the Revised Code shall be made on the entire sum of the tax | 29780 |
| plus penalty, which interest shall be computed from the date the | 29781 |
| tax is due until it is paid. For purposes of this section, payment | 29782 |
| is considered made when it is received by the treasurer of state, | 29783 |
| irrespective of any United States postal service marking or other | 29784 |
| stamp or mark indicating the date on which the payment may have | 29785 |
| been mailed. This section does not apply to: | 29786 |
| (A) Insurance obtained pursuant to sections 3905.30 to | 29787 |
| 3905.35 of the Revised Code; | 29788 |
| (B) Transactions in this state involving a policy solicited, | 29789 |
| written, and delivered outside this state covering only subjects | 29790 |
| of insurance not resident, located, or to be performed in this | 29791 |
| state at the time of issuance, provided such transactions are | 29792 |
| subsequent to the issuance of the policy; | 29793 |
| (C) Attorneys-at-law acting on behalf of their clients in the | 29794 |
| adjustment of claims or losses | 29795 |
| | 29796 |
| 29797 | |
| 29798 | |
| 29799 |
| | 29800 |
| 29801 | |
| 29802 | |
| 29803 | |
| 29804 | |
| 29805 | |
| 29806 |
| | 29807 |
| 29808 |
| | 29809 |
| Each person licensed under section 3905.30 of the Revised | 29810 |
| Code shall pay to the treasurer of state, on or before the | 29811 |
| thirty-first day of January of each year, five per cent of the | 29812 |
| balance of the gross premiums charged for insurance placed or | 29813 |
| procured under the license after a deduction for return premiums, | 29814 |
| as reported on a form prescribed by the treasurer of state. The | 29815 |
| tax shall be collected from the insured by the surplus line broker | 29816 |
| who placed or procured the policy of insurance at the time the | 29817 |
| policy is delivered to the insured. No license issued under | 29818 |
| section 3905.30 of the Revised Code shall be renewed until payment | 29819 |
| is made. If the tax is not paid when due, the tax shall be | 29820 |
| increased by a penalty of twenty-five per cent. An interest charge | 29821 |
| computed as set forth in section 5725.221 of the Revised Code | 29822 |
| shall be made on the entire sum of the tax plus penalty, which | 29823 |
| interest shall be computed from the date the tax is due until it | 29824 |
| is paid. For purposes of this section, payment is considered made | 29825 |
| when it is received by the treasurer of state, irrespective of any | 29826 |
| United States postal service marking or other stamp or mark | 29827 |
| indicating the date on which the payment may have been mailed. | 29828 |
| Sec. 3923.27. No policy of sickness and accident insurance | 29829 |
|
delivered, issued for delivery, or renewed in this state after
| 29830 |
| 29831 | |
| individual and group policies, that provides hospitalization | 29832 |
| coverage for mental illness shall exclude such coverage for the | 29833 |
| reason that the insured is hospitalized in an institution or | 29834 |
| facility receiving tax support from the state, any municipal | 29835 |
| corporation, county, or joint county board, whether such | 29836 |
| institution or facility is deemed charitable or otherwise, | 29837 |
| provided the institution or facility or portion thereof is fully | 29838 |
| accredited by the joint commission on accreditation of hospitals | 29839 |
| or certified under Titles XVIII and XIX of the "Social Security | 29840 |
| Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The | 29841 |
| insurance coverage shall provide payment amounting to the lesser | 29842 |
| of either the full amount of the statutory charge for the cost of | 29843 |
|
the services pursuant to | 29844 |
| section 5121.33 of the Revised Code or the benefits payable for | 29845 |
| the services under the applicable insurance policy. Insurance | 29846 |
| benefits for the coverage shall be paid so long as patients and | 29847 |
| their liable relatives retain their statutory liability pursuant | 29848 |
| to | 29849 |
| of the Revised Code. Only that portion or per cent of the benefits | 29850 |
| shall be payable that has been assigned, or ordered to be paid, to | 29851 |
| the state or other appropriate provider for services rendered by | 29852 |
| the institution or facility. | 29853 |
| Sec. 4112.12. (A) There is hereby created the commission on | 29854 |
| African-American males, which shall consist of not more than | 29855 |
| forty-one members as follows: the directors or their designees of | 29856 |
| the departments of health, development, alcohol and drug addiction | 29857 |
| services, job and family services, rehabilitation and correction, | 29858 |
| mental health, and youth services; the adjutant general or the | 29859 |
| adjutant general's designee; the equal employment opportunity | 29860 |
| officer of the department of administrative services or the equal | 29861 |
| employment opportunity officer's designee; the executive director | 29862 |
| or the executive director's designee of the Ohio civil rights | 29863 |
| commission; the executive director or the executive director's | 29864 |
|
designee of the
| 29865 |
| the department of public safety; the superintendent of public | 29866 |
| instruction; the chancellor or the chancellor's designee of the | 29867 |
| Ohio board of regents; two members of the house of representatives | 29868 |
| appointed by the speaker of the house of representatives; three | 29869 |
| members of the senate appointed by the president of the senate; | 29870 |
| and not more than twenty-three members appointed by the governor. | 29871 |
| The members appointed by the governor shall include an additional | 29872 |
| member of the governor's cabinet and at least one representative | 29873 |
| of each of the following: the national association for the | 29874 |
| advancement of colored people; the urban league; an organization | 29875 |
| representing black elected officials; an organization representing | 29876 |
| black attorneys; the black religious community; the black business | 29877 |
| community; the nonminority business community; and organized | 29878 |
| labor; at least one black medical doctor, one black elected member | 29879 |
| of a school board, and one black educator; and at least two | 29880 |
| representatives of local private industry councils. The remaining | 29881 |
| members that may be appointed by the governor shall be selected | 29882 |
| from elected officials, civic and community leaders, and | 29883 |
| representatives of the employment, criminal justice, education, | 29884 |
| and health communities. | 29885 |
| (B) Terms of office shall be for three years, with each term | 29886 |
| ending on the same day of the same month as did the term that it | 29887 |
| succeeds. Each member shall hold office from the date of | 29888 |
| appointment until the end of the term for which the member was | 29889 |
| appointed. Members may be reappointed. Vacancies shall be filled | 29890 |
| in the manner provided for original appointments. Any member | 29891 |
| appointed to fill a vacancy occurring prior to the expiration date | 29892 |
| of the term for which the member's predecessor was appointed shall | 29893 |
| hold office as a member for the remainder of that term. A member | 29894 |
| shall continue in office subsequent to the expiration date of the | 29895 |
| member's term until the member's successor takes office or until a | 29896 |
| period of sixty days has elapsed, whichever occurs first. | 29897 |
| The commission annually shall elect a chairperson from among | 29898 |
| its members. | 29899 |
| (C) Members of the commission and members of subcommittees | 29900 |
| appointed under division (B) of section 4112.13 of the Revised | 29901 |
| Code shall not be compensated, but shall be reimbursed for their | 29902 |
| necessary and actual expenses incurred in the performance of their | 29903 |
| official duties. | 29904 |
| (D)(1) The Ohio civil rights commission shall serve as the | 29905 |
| commission on African-American males' fiscal agent and shall | 29906 |
| perform all of the following services: | 29907 |
| (a) Prepare and process payroll and other personnel documents | 29908 |
| that the commission on African-American males approves; | 29909 |
| (b) Maintain ledgers of accounts and reports of account | 29910 |
| balances, and monitor budgets and allotment plans in consultation | 29911 |
| with the commission on African-American males; | 29912 |
| (c) Perform other routine support services that the executive | 29913 |
| director of the Ohio civil rights commission or the executive | 29914 |
| director's designee and the Commission on African-American males | 29915 |
| or its designee consider appropriate to achieve efficiency. | 29916 |
| (2) The Ohio civil rights commission shall not approve any | 29917 |
| payroll or other personnel-related documents or any biennial | 29918 |
| budget, grant, expenditure, audit, or fiscal-related document | 29919 |
| without the advice and consent of the commission on | 29920 |
| African-American males. | 29921 |
| (3) The Ohio civil rights commission shall determine fees to | 29922 |
| be charged to the commission on African-American males for | 29923 |
| services performed under this division, which shall be in | 29924 |
| proportion to the services performed for the commission on | 29925 |
| African-American males. | 29926 |
| (4) The commission on African-American males or its designee | 29927 |
| has: | 29928 |
| (a) Sole authority to draw funds for any federal program in | 29929 |
| which the commission is authorized to participate; | 29930 |
| (b) Sole authority to expend funds from accounts for programs | 29931 |
| and any other necessary expenses the commission on | 29932 |
| African-American males may incur; | 29933 |
| (c) The duty to cooperate with the Ohio civil rights | 29934 |
| commission to ensure that the Ohio civil rights commission is | 29935 |
| fully apprised of all financial transactions. | 29936 |
| (E) The commission on African-American males shall appoint an | 29937 |
| executive director, who shall be in the unclassified civil | 29938 |
| service. The executive director shall supervise the commission's | 29939 |
| activities and report to the commission on the progress of those | 29940 |
| activities. The executive director shall do all things necessary | 29941 |
| for the efficient and effective implementation of the duties of | 29942 |
| the commission. | 29943 |
| The responsibilities assigned to the executive director do | 29944 |
| not relieve the members of the commission from final | 29945 |
| responsibility for the proper performance of the requirements of | 29946 |
| this division. | 29947 |
| (F) The commission on African-American males shall: | 29948 |
| (1) Employ, promote, supervise, and remove all employees, as | 29949 |
| needed, in connection with the performance of its duties under | 29950 |
| this section; | 29951 |
| (2) Maintain its office in Columbus; | 29952 |
| (3) Acquire facilities, equipment, and supplies necessary to | 29953 |
| house the commission, its employees, and files and records under | 29954 |
| its control, and to discharge any duty imposed upon it by law. The | 29955 |
| expense of these acquisitions shall be audited and paid for in the | 29956 |
| same manner as other state expenses. | 29957 |
| (4) Prepare and submit to the office of budget and management | 29958 |
| a budget for each biennium in accordance with sections 101.55 and | 29959 |
| 107.03 of the Revised Code. The budget submitted shall cover the | 29960 |
| costs of the commission and its staff in the discharge of any duty | 29961 |
| imposed upon the commission by law. The commission shall pay its | 29962 |
| own payroll and other operating expenses from appropriation items | 29963 |
| designated by the general assembly. The commission shall not | 29964 |
| delegate any authority to obligate funds. | 29965 |
| (5) Establish the overall policy and management of the | 29966 |
| commission in accordance with this chapter; | 29967 |
| (6) Follow all state procurement requirements; | 29968 |
| (7) Pay fees owed to the Ohio civil rights commission under | 29969 |
| division (D) of this section from the commission on | 29970 |
| African-American males' general revenue fund or from any other | 29971 |
| fund from which the operating expenses of the commission on | 29972 |
| African-American males are paid. Any amounts set aside for a | 29973 |
| fiscal year for the payment of such fees shall be used only for | 29974 |
| the services performed for the commission on African-American | 29975 |
| males by the Ohio civil rights commission in that fiscal year. | 29976 |
| (G) The commission on African-American males may: | 29977 |
| (1) Hold sessions at any place within the state; | 29978 |
| (2) Establish, change, or abolish positions, and assign and | 29979 |
| reassign duties and responsibilities of any employee of the | 29980 |
| commission on African-American males as necessary to achieve the | 29981 |
| most efficient performance of its functions. | 29982 |
| Sec. 4117.24. The training | 29983 |
| fund is hereby created in the state treasury. The state employment | 29984 |
| relations board shall deposit into the
training | 29985 |
| and grants fund all | 29986 |
| sources: | 29987 |
| (A) Payments received by the board for copies of documents, | 29988 |
| rulebooks, and other publications; | 29989 |
| (B) Fees received from seminar
participants; | 29990 |
| (C) Receipts from the sale of clearinghouse data; | 29991 |
| (D) Moneys received from grants, donations, awards, bequests, | 29992 |
| gifts, reimbursements, and similar funds; | 29993 |
| (E) Reimbursement received for professional services and | 29994 |
| expenses related to professional services; | 29995 |
| (F) Funds received to support the development of labor | 29996 |
| relations services and programs. The state employment relations | 29997 |
| board shall use all moneys deposited into the training
| 29998 |
| publications, and grants fund to defray the costs of furnishing | 29999 |
| and making available copies of documents, rulebooks, and other | 30000 |
| publications; the costs of planning, organizing, and conducting | 30001 |
| training seminars; the costs associated with grant projects, | 30002 |
| innovative labor-management cooperation programs, research | 30003 |
| projects related to these grants and programs, and the advancement | 30004 |
| in professionalism of public sector relations; the professional | 30005 |
| development of board employees; and the costs of compiling | 30006 |
| clearinghouse data. | 30007 |
| The board may seek, solicit, apply for, receive, and accept | 30008 |
| grants, gifts, and contributions of money, property, labor, and | 30009 |
| other things of value to be held for, used for, and applied to | 30010 |
| only the purpose for which the grants, gifts, and contributions | 30011 |
| are made, from individuals, private and public corporations, the | 30012 |
| United States or any agency thereof, the state or any agency | 30013 |
| thereof, and any political subdivision of the state, and may enter | 30014 |
| into any contract with any such public or private source in | 30015 |
| connection therewith to be held for, used for, and applied to only | 30016 |
| the purposes for which such grants are made and contracts are | 30017 |
| entered into, all subject to and in accordance with the purposes | 30018 |
| of this chapter. Any money received from the grants, gifts, | 30019 |
| contributions, or contracts shall be deposited into the training, | 30020 |
| publications, and grants fund. | 30021 |
| Sec. 4123.27. Information contained in the annual statement | 30022 |
| provided for in section 4123.26 of the Revised Code, and such | 30023 |
| other information as may be furnished to the bureau of workers' | 30024 |
| compensation by employers in pursuance of that section, is for the | 30025 |
| exclusive use and information of the bureau in the discharge of | 30026 |
| its official duties, and shall not be open to the public nor be | 30027 |
| used in any court in any action or proceeding pending therein | 30028 |
| unless the bureau is a party to the action or proceeding; but the | 30029 |
| information contained in the statement may be tabulated and | 30030 |
| published by the bureau in statistical form for the use and | 30031 |
| information of other state departments and the public. No person | 30032 |
| in the employ of the bureau, except those who are authorized by | 30033 |
| the administrator of workers' compensation, shall divulge any | 30034 |
| information secured by the person while in the employ of the | 30035 |
| bureau in respect to the transactions, property, claim files, | 30036 |
| records, or papers of the bureau or in respect to the business or | 30037 |
| mechanical, chemical, or other industrial process of any company, | 30038 |
| firm, corporation, person, association, partnership, or public | 30039 |
| utility to any person other than the administrator or to the | 30040 |
| superior of such employee of the bureau. | 30041 |
| Notwithstanding the restrictions imposed by this section, the | 30042 |
| governor, select or standing committees of the general assembly, | 30043 |
| the auditor of state, the attorney general, or their designees, | 30044 |
| pursuant to the authority granted in this chapter and Chapter | 30045 |
| 4121. of the Revised Code, may examine any records, claim files, | 30046 |
| or papers in possession of the industrial commission or the | 30047 |
| bureau. They also are bound by the privilege that attaches to | 30048 |
| these papers. | 30049 |
| The administrator shall report to the director of job and | 30050 |
| family services or to the county director of job and family | 30051 |
| services the name, address, and social security number or other | 30052 |
| identification number of any person receiving workers' | 30053 |
| compensation whose name or social security number or other | 30054 |
| identification number is the same as that of a person required by | 30055 |
| a court or child support enforcement agency to provide support | 30056 |
| payments to a recipient or participant of public assistance, and | 30057 |
| whose name is submitted to the administrator by the director under | 30058 |
| section 5101.36 of the Revised Code. The administrator also shall | 30059 |
| inform the director of the amount of workers' compensation paid to | 30060 |
| the person during such period as the director specifies. | 30061 |
| Within fourteen days after receiving from the director of job | 30062 |
| and family services a list of the names and social security | 30063 |
| numbers of recipients or participants of public assistance | 30064 |
| pursuant to section 5101.181 of the Revised Code, the | 30065 |
| administrator shall inform the auditor of state of the name, | 30066 |
| current or most recent address, and social security number of each | 30067 |
| person receiving workers' compensation pursuant to this chapter | 30068 |
| whose name and social security number are the same as that of a | 30069 |
| person whose name or social security number was submitted by the | 30070 |
| director. The administrator also shall inform the auditor of state | 30071 |
| of the amount of workers' compensation paid to the person during | 30072 |
| such period as the director specifies. | 30073 |
| The bureau and its employees, except for purposes of | 30074 |
| furnishing the auditor of state with information required by this | 30075 |
| section, shall preserve the confidentiality of recipients or | 30076 |
| participants of public assistance in compliance with division (A) | 30077 |
| of section 5101.181 of the Revised Code. | 30078 |
| For the purposes of this section, "public assistance" means | 30079 |
| medical assistance provided through the medical assistance program | 30080 |
| established under section 5111.01 of the Revised Code, Ohio works | 30081 |
| first provided under Chapter 5107. of the Revised Code, | 30082 |
| prevention, retention, and contingency benefits and services | 30083 |
| provided under Chapter 5108. of the Revised Code, or disability | 30084 |
| financial assistance provided under Chapter 5115. of the Revised | 30085 |
|
Code | 30086 |
| 30087 |
| Sec. 4301.42. For the purpose of providing revenue for the | 30088 |
| support of the state, a tax is hereby levied on the sale of beer | 30089 |
| in sealed bottles and cans having twelve ounces or less of liquid | 30090 |
|
content,
at the rate of | 30091 |
| one cent on each ounce of liquid content or fractional part of | 30092 |
| each ounce of liquid content, and on such containers in excess of | 30093 |
| twelve ounces,
at the rate of | 30094 |
|
one-hundredths | 30095 |
| content or fractional part of each six ounces of liquid content. | 30096 |
| Sections 4307.01 to 4307.12 of the Revised Code apply in the | 30097 |
| administration of that tax. Manufacturers, bottlers, and canners | 30098 |
| of and wholesale dealers in beer have the duty to pay the tax | 30099 |
| imposed by this section and are entitled to the privileges in the | 30100 |
| manner provided in section 4303.33 of the Revised Code. | 30101 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 30102 |
| the Revised Code: | 30103 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 30104 |
| fluid ounces. | 30105 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 30106 |
| distribution, and, except with respect to A-4 permit holders, | 30107 |
| offer for sale. | 30108 |
| (B) For the purposes of providing revenues for the support of | 30109 |
| the state and encouraging the grape industries in the state, a tax | 30110 |
| is hereby levied on the sale or distribution of wine in Ohio, | 30111 |
|
except for known sacramental purposes, at the rate of | 30112 |
| cents per wine gallon for wine containing not less than four per | 30113 |
| cent of alcohol by volume and not more than fourteen per cent of | 30114 |
|
alcohol
by volume, | 30115 |
| per wine gallon for wine containing more than fourteen per cent | 30116 |
| but not more than
twenty-one per cent
of alcohol by volume, | 30117 |
| 30118 | |
| vermouth, and | 30119 |
| cents per wine gallon for sparkling and carbonated wine and | 30120 |
| champagne, the tax to be paid by the holders of A-2 and B-5 | 30121 |
| permits or by any other person selling or distributing wine upon | 30122 |
| which no tax has been paid. From the tax paid under this section | 30123 |
| on wine, vermouth, and sparkling and carbonated wine and | 30124 |
| champagne, the treasurer of state shall credit to the Ohio grape | 30125 |
| industries fund created under section 924.54 of the Revised Code a | 30126 |
| sum equal to one cent per gallon for each gallon upon which the | 30127 |
| tax is paid. | 30128 |
| (C) For the purpose of providing revenues for the support of | 30129 |
| the state, there is hereby levied a tax on prepared and bottled | 30130 |
| highballs, cocktails, cordials, and other mixed beverages at the | 30131 |
|
rate of | 30132 |
| gallon to be paid by holders of A-4 permits or by any other person | 30133 |
| selling or distributing those products upon which no tax has been | 30134 |
| paid. Only one sale of the same article shall be used in computing | 30135 |
| the amount of tax due. The tax on mixed beverages to be paid by | 30136 |
| holders of A-4 permits under this section shall not attach until | 30137 |
| the ownership of the mixed beverage is transferred for valuable | 30138 |
| consideration to a wholesaler or retailer, and no payment of the | 30139 |
| tax shall be required prior to that time. | 30140 |
| (D) During the period
of July 1,
| 30141 |
| 30142 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 30143 |
| state shall credit to the Ohio grape industries fund created under | 30144 |
| section 924.54 of the Revised Code a sum equal to two cents per | 30145 |
| gallon upon which the tax is paid. The amount credited under this | 30146 |
| division is in addition to the amount credited to the Ohio grape | 30147 |
| industries fund under division (B) of this section. | 30148 |
| (E) For the purpose of providing revenues for the support of | 30149 |
| the state, there is hereby levied a tax on cider at the rate of | 30150 |
| 30151 | |
| holders of A-2 and B-5 permits or by any other person selling or | 30152 |
| distributing cider upon which no tax has been paid. Only one sale | 30153 |
| of the same article shall be used in computing the amount of the | 30154 |
| tax due. | 30155 |
| Sec. 4305.01. For the purpose of reimbursing the state for | 30156 |
| the expenses of administering Chapters 4301. and 4303. of the | 30157 |
| Revised Code and to provide revenues for the support of the state, | 30158 |
| a tax is hereby levied on the sale or distribution in this state | 30159 |
| of beer, whether in barrels or other containers, excepting in | 30160 |
|
sealed bottles or cans, at the rate of | 30161 |
| 30162 |
| The tax commissioner shall exercise, with respect to the | 30163 |
| administration of the tax imposed by this section, all the powers | 30164 |
| and duties vested in or imposed by sections 4307.04 to 4307.07 of | 30165 |
| the Revised Code, so far as consistent with this section. | 30166 |
| Manufacturers and consignees of beer in barrels or other | 30167 |
| containers, excepting in sealed bottles or cans, and railroad | 30168 |
| companies, express companies, and other public carriers | 30169 |
| transporting shipments of such beer are subject, with respect to | 30170 |
| such tax, to the same duties and entitled to the same privileges | 30171 |
| as are required or permitted by those sections. | 30172 |
| The revenue derived from the tax on the sale and distribution | 30173 |
| of beer pursuant to this section and section 4301.42 of the | 30174 |
| Revised Code shall be for the use of the general revenue fund. | 30175 |
| The tax refund fund created by section 5703.052 of the | 30176 |
| Revised Code may be drawn upon by the tax commissioner for any | 30177 |
| refunds authorized to be made by the commissioner in sections | 30178 |
| 4303.33, 4307.05, and 4307.07 of the Revised Code for beer. | 30179 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 30180 |
| shall be made in a form prescribed by the registrar of motor | 30181 |
| vehicles and shall be sworn to before a notary public or other | 30182 |
| officer empowered to administer oaths. The application shall be | 30183 |
| filed with the clerk of any court of common pleas. An application | 30184 |
| for a certificate of title may be filed electronically by any | 30185 |
| electronic means approved by the registrar in any county with the | 30186 |
| clerk of the court of common pleas of that county. Any payments | 30187 |
| required by this chapter shall be considered as accompanying any | 30188 |
| electronically transmitted application when payment actually is | 30189 |
| received by the clerk. Payment of any fee or taxes may be made by | 30190 |
| electronic transfer of funds. | 30191 |
| (2) The application for a certificate of title shall be | 30192 |
| accompanied by the fee prescribed in section 4505.09 of the | 30193 |
| Revised Code. The fee shall be retained by the clerk who issues | 30194 |
| the certificate of title and shall be distributed in accordance | 30195 |
| with that section. If a clerk of a court of common pleas, other | 30196 |
| than the clerk of the court of common pleas of an applicant's | 30197 |
| county of residence, issues a certificate of title to the | 30198 |
| applicant, the clerk shall transmit data related to the | 30199 |
| transaction to the automated title processing system. | 30200 |
| (3) If a certificate of title previously has been issued for | 30201 |
| a motor vehicle in this state, the application for a certificate | 30202 |
| of title also shall be accompanied by that certificate of title | 30203 |
| duly assigned, unless otherwise provided in this chapter. If a | 30204 |
| certificate of title previously has not been issued for the motor | 30205 |
| vehicle in this state, the application, unless otherwise provided | 30206 |
| in this chapter, shall be accompanied by a manufacturer's or | 30207 |
| importer's certificate or by a certificate of title of another | 30208 |
| state from which the motor vehicle was brought into this state. If | 30209 |
| the application refers to a motor vehicle last previously | 30210 |
| registered in another state, the application also shall be | 30211 |
| accompanied by the physical inspection certificate required by | 30212 |
| section 4505.061 of the Revised Code. If the application is made | 30213 |
| by two persons regarding a motor vehicle in which they wish to | 30214 |
| establish joint ownership with right of survivorship, they may do | 30215 |
| so as provided in section 2131.12 of the Revised Code. If the | 30216 |
| applicant requests a designation of the motor vehicle in | 30217 |
| beneficiary form so that upon the death of the owner of the motor | 30218 |
| vehicle, ownership of the motor vehicle will pass to a designated | 30219 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 30220 |
| do so as provided in section 2131.13 of the Revised Code. A person | 30221 |
| who establishes ownership of a motor vehicle that is transferable | 30222 |
| on death in accordance with section 2131.13 of the Revised Code | 30223 |
| may terminate that type of ownership or change the designation of | 30224 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 30225 |
| a certificate of title pursuant to this section. The clerk shall | 30226 |
| retain the evidence of title presented by the applicant and on | 30227 |
| which the certificate of title is issued, except that, if an | 30228 |
| application for a certificate of title is filed electronically by | 30229 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 30230 |
| motor vehicle, the clerk shall retain the completed electronic | 30231 |
| record to which the dealer converted the certificate of title | 30232 |
| application and other required documents. The registrar, after | 30233 |
| consultation with the attorney general, shall adopt rules that | 30234 |
| govern the location at which, and the manner in which, are stored | 30235 |
| the actual application and all other documents relating to the | 30236 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 30237 |
| files the application for a certificate of title electronically on | 30238 |
| behalf of the purchaser. | 30239 |
| The clerk shall use reasonable diligence in ascertaining | 30240 |
| whether or not the facts in the application for a certificate of | 30241 |
| title are true by checking the application and documents | 30242 |
| accompanying it or the electronic record to which a dealer | 30243 |
| converted the application and accompanying documents with the | 30244 |
| records of motor vehicles in the clerk's office. If the clerk is | 30245 |
| satisfied that the applicant is the owner of the motor vehicle and | 30246 |
| that the application is in the proper form, the clerk, within five | 30247 |
| business days after the application is filed, shall issue a | 30248 |
| physical certificate of title over the clerk's signature and | 30249 |
| sealed with the clerk's seal, unless the applicant specifically | 30250 |
| requests the clerk not to issue a physical certificate of title | 30251 |
| and instead to issue an electronic certificate of title. For | 30252 |
| purposes of the transfer of a certificate of title, if the clerk | 30253 |
| is satisfied that the secured party has duly discharged a lien | 30254 |
| notation but has not canceled the lien notation with a clerk, the | 30255 |
| clerk may cancel the lien notation on the automated title | 30256 |
| processing system and notify the clerk of the county of origin. | 30257 |
| (4) In the case of the sale of a motor vehicle to a general | 30258 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 30259 |
| selling the motor vehicle to the lessee or, in a case in which the | 30260 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 30261 |
| end of the lease agreement or sublease agreement, or by a | 30262 |
| manufactured home broker, the certificate of title shall be | 30263 |
| obtained in the name of the buyer by the dealer, leasing dealer, | 30264 |
| or manufactured home broker, as the case may be, upon application | 30265 |
| signed by the buyer. The certificate of title shall be issued, or | 30266 |
| the process of entering the certificate of title application | 30267 |
| information into the automated title processing system if a | 30268 |
| physical certificate of title is not to be issued shall be | 30269 |
| completed, within five business days after the application for | 30270 |
| title is filed with the clerk. If the buyer of the motor vehicle | 30271 |
| previously leased the motor vehicle and is buying the motor | 30272 |
| vehicle at the end of the lease pursuant to that lease, the | 30273 |
| certificate of title shall be obtained in the name of the buyer by | 30274 |
| the motor vehicle leasing dealer who previously leased the motor | 30275 |
| vehicle to the buyer or by the motor vehicle leasing dealer who | 30276 |
| subleased the motor vehicle to the buyer under a sublease | 30277 |
| agreement. | 30278 |
| In all other cases, except as provided in section 4505.032 | 30279 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 30280 |
| certificates shall be obtained by the buyer. | 30281 |
| (5)(a)(i) If the certificate of title is being obtained in | 30282 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 30283 |
| leasing dealer and there is a security interest to be noted on the | 30284 |
| certificate of title, the dealer or leasing dealer shall submit | 30285 |
| the application for the certificate of title and payment of the | 30286 |
| applicable tax to a clerk within seven business days after the | 30287 |
| later of the delivery of the motor vehicle to the buyer or the | 30288 |
| date the dealer or leasing dealer obtains the manufacturer's or | 30289 |
| importer's certificate, or certificate of title issued in the name | 30290 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 30291 |
| of the application for the certificate of title and payment of the | 30292 |
| applicable tax within the required seven business days may be | 30293 |
| indicated by postmark or receipt by a clerk within that period. | 30294 |
| (ii) Upon receipt of the certificate of title with the | 30295 |
| security interest noted on its face, the dealer or leasing dealer | 30296 |
| shall forward the certificate of title to the secured party at the | 30297 |
| location noted in the financing documents or otherwise specified | 30298 |
| by the secured party. | 30299 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 30300 |
| is liable to a secured party for a late fee of ten dollars per day | 30301 |
| for each certificate of title application and payment of the | 30302 |
| applicable tax that is submitted to a clerk more than seven | 30303 |
| business days but less than twenty-one days after the later of the | 30304 |
| delivery of the motor vehicle to the buyer or the date the dealer | 30305 |
| or leasing dealer obtains the manufacturer's or importer's | 30306 |
| certificate, or certificate of title issued in the name of the | 30307 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 30308 |
| twenty-five dollars per day until the application and applicable | 30309 |
| tax are submitted to a clerk. | 30310 |
| (b) In all cases of transfer of a motor vehicle, the | 30311 |
| application for certificate of title shall be filed within thirty | 30312 |
| days after the assignment or delivery of the motor vehicle. If an | 30313 |
| application for a certificate of title is not filed within the | 30314 |
| period specified in division (A)(5)(b) of this section, the clerk | 30315 |
| shall collect a fee of five dollars for the issuance of the | 30316 |
| certificate, except that no such fee shall be required from a | 30317 |
| motor vehicle salvage dealer, as defined in division (A) of | 30318 |
| section 4738.01 of the Revised Code, who immediately surrenders | 30319 |
| the certificate of title for cancellation. The fee shall be in | 30320 |
| addition to all other fees established by this chapter, and shall | 30321 |
| be retained by the clerk. The registrar shall provide, on the | 30322 |
| certificate of title form prescribed by section 4505.07 of the | 30323 |
| Revised Code, language necessary to give evidence of the date on | 30324 |
| which the assignment or delivery of the motor vehicle was made. | 30325 |
| (6) As used in division (A) of this section, "lease | 30326 |
| agreement," "lessee," and "sublease agreement" have the same | 30327 |
| meanings as in section 4505.04 of the Revised Code. | 30328 |
| (B)(1) The clerk, except as provided in this section, shall | 30329 |
| refuse to accept for filing any application for a certificate of | 30330 |
| title and shall refuse to issue a certificate of title unless the | 30331 |
| dealer or manufactured home broker or the applicant, in cases in | 30332 |
| which the certificate shall be obtained by the buyer, submits with | 30333 |
| the application payment of the tax levied by or pursuant to | 30334 |
| Chapters 5739. and 5741. of the Revised Code based on the | 30335 |
| purchaser's county of residence. Upon payment of the tax in | 30336 |
| accordance with division (E) of this section, the clerk shall | 30337 |
| issue a receipt prescribed by the registrar and agreed upon by the | 30338 |
| tax commissioner showing payment of the tax or a receipt issued by | 30339 |
| the commissioner showing the payment of the tax. When submitting | 30340 |
| payment of the tax to the clerk, a dealer shall retain any | 30341 |
| discount to which the dealer is entitled under section 5739.12 of | 30342 |
| the Revised Code. | 30343 |
| (2) For receiving and disbursing such taxes paid to the clerk | 30344 |
| by a resident of the clerk's county, the clerk may retain a | 30345 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 30346 |
| shall pay the poundage fee into the certificate of title | 30347 |
| administration fund created by section 325.33 of the Revised Code. | 30348 |
| The clerk shall not retain a poundage fee from payments of taxes | 30349 |
| by persons who do not reside in the clerk's county. | 30350 |
| A clerk, however, may retain from the taxes paid to the clerk | 30351 |
| an amount equal to the poundage fees associated with certificates | 30352 |
| of title issued by other clerks of courts of common pleas to | 30353 |
| applicants who reside in the first clerk's county. The registrar, | 30354 |
| in consultation with the tax commissioner and the clerks of the | 30355 |
| courts of common pleas, shall develop a report from the automated | 30356 |
| title processing system that informs each clerk of the amount of | 30357 |
| the poundage fees that the clerk is permitted to retain from those | 30358 |
| taxes because of certificates of title issued by the clerks of | 30359 |
| other counties to applicants who reside in the first clerk's | 30360 |
| county. | 30361 |
| (3) In the case of casual sales of motor vehicles, as defined | 30362 |
| in section 4517.01 of the Revised Code, the price for the purpose | 30363 |
| of determining the tax shall be the purchase price on the assigned | 30364 |
| certificate of title executed by the seller and filed with the | 30365 |
| clerk by the buyer on a form to be prescribed by the registrar, | 30366 |
| which shall be prima-facie evidence of the amount for the | 30367 |
| determination of the tax. | 30368 |
| (4) Each county clerk shall forward to the treasurer of state | 30369 |
| all sales and use tax collections resulting from sales of motor | 30370 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 30371 |
| a calendar week on or before the Friday following the close of | 30372 |
| that week. If, on any Friday, the offices of the clerk of courts | 30373 |
| or the state are not open for business, the tax shall be forwarded | 30374 |
| to the treasurer of state on or before the next day on which the | 30375 |
| offices are open. Every remittance of tax under division (B)(4) of | 30376 |
| this section shall be accompanied by a remittance report in such | 30377 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 30378 |
| remittance and remittance report, the treasurer of state shall | 30379 |
| date stamp the report and forward it to the tax commissioner. If | 30380 |
| the tax due for any week is not remitted by a clerk of courts as | 30381 |
| required under division (B)(4) of this section, the commissioner | 30382 |
| may require the clerk to forfeit the poundage fees for the sales | 30383 |
| made during that week. The treasurer of state may require the | 30384 |
| clerks of courts to transmit tax collections and remittance | 30385 |
| reports electronically. | 30386 |
| (C)(1) If the transferor indicates on the certificate of | 30387 |
| title that the odometer reflects mileage in excess of the designed | 30388 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 30389 |
| "exceeds mechanical limits" following the mileage designation. If | 30390 |
| the transferor indicates on the certificate of title that the | 30391 |
| odometer reading is not the actual mileage, the clerk shall enter | 30392 |
| the phrase "nonactual: warning - odometer discrepancy" following | 30393 |
| the mileage designation. The clerk shall use reasonable care in | 30394 |
| transferring the information supplied by the transferor, but is | 30395 |
| not liable for any errors or omissions of the clerk or those of | 30396 |
| the clerk's deputies in the performance of the clerk's duties | 30397 |
| created by this chapter. | 30398 |
| The registrar shall prescribe an affidavit in which the | 30399 |
| transferor shall swear to the true selling price and, except as | 30400 |
| provided in this division, the true odometer reading of the motor | 30401 |
| vehicle. The registrar may prescribe an affidavit in which the | 30402 |
| seller and buyer provide information pertaining to the odometer | 30403 |
| reading of the motor vehicle in addition to that required by this | 30404 |
| section, as such information may be required by the United States | 30405 |
| secretary of transportation by rule prescribed under authority of | 30406 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 30407 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 30408 |
| (2) Division (C)(1) of this section does not require the | 30409 |
| giving of information concerning the odometer and odometer reading | 30410 |
| of a motor vehicle when ownership of a motor vehicle is being | 30411 |
| transferred as a result of a bequest, under the laws of intestate | 30412 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 30413 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 30414 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 30415 |
| connection with the creation of a security interest or for a | 30416 |
| vehicle with a gross vehicle weight rating of more than sixteen | 30417 |
| thousand pounds. | 30418 |
| (D) When the transfer to the applicant was made in some other | 30419 |
| state or in interstate commerce, the clerk, except as provided in | 30420 |
| this section, shall refuse to issue any certificate of title | 30421 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 30422 |
| Revised Code based on the purchaser's county of residence has been | 30423 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 30424 |
| unless the applicant submits with the application payment of the | 30425 |
| tax. Upon payment of the tax in accordance with division (E) of | 30426 |
| this section, the clerk shall issue a receipt prescribed by the | 30427 |
| registrar and agreed upon by the tax commissioner, showing payment | 30428 |
| of the tax. | 30429 |
| For receiving and disbursing such taxes paid to the clerk by | 30430 |
| a resident of the clerk's county, the clerk may retain a poundage | 30431 |
| fee of one and one one-hundredth per cent. The clerk shall not | 30432 |
| retain a poundage fee from payments of taxes by persons who do not | 30433 |
| reside in the clerk's county. | 30434 |
| A clerk, however, may retain from the taxes paid to the clerk | 30435 |
| an amount equal to the poundage fees associated with certificates | 30436 |
| of title issued by other clerks of courts of common pleas to | 30437 |
| applicants who reside in the first clerk's county. The registrar, | 30438 |
| in consultation with the tax commissioner and the clerks of the | 30439 |
| courts of common pleas, shall develop a report from the automated | 30440 |
| title processing system that informs each clerk of the amount of | 30441 |
| the poundage fees that the clerk is permitted to retain from those | 30442 |
| taxes because of certificates of title issued by the clerks of | 30443 |
| other counties to applicants who reside in the first clerk's | 30444 |
| county. | 30445 |
| When the vendor is not regularly engaged in the business of | 30446 |
| selling motor vehicles, the vendor shall not be required to | 30447 |
| purchase a vendor's license or make reports concerning those | 30448 |
| sales. | 30449 |
| (E) The clerk shall accept any payment of a tax in cash, or | 30450 |
| by cashier's check, certified check, draft, money order, or teller | 30451 |
| check issued by any insured financial institution payable to the | 30452 |
| clerk and submitted with an application for a certificate of title | 30453 |
| under division (B) or (D) of this section. The clerk also may | 30454 |
| accept payment of the tax by corporate, business, or personal | 30455 |
| check, credit card, electronic transfer or wire transfer, debit | 30456 |
| card, or any other accepted form of payment made payable to the | 30457 |
| clerk. The clerk may require bonds, guarantees, or letters of | 30458 |
| credit to ensure the collection of corporate, business, or | 30459 |
| personal checks. Any service fee charged by a third party to a | 30460 |
| clerk for the use of any form of payment may be paid by the clerk | 30461 |
| from the certificate of title administration fund created in | 30462 |
| section 325.33 of the Revised Code, or may be assessed by the | 30463 |
| clerk upon the applicant as an additional fee. Upon collection, | 30464 |
| the additional fees shall be paid by the clerk into that | 30465 |
| certificate of title administration fund. | 30466 |
| The clerk shall make a good faith effort to collect any | 30467 |
| payment of taxes due but not made because the payment was returned | 30468 |
| or dishonored, but the clerk is not personally liable for the | 30469 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 30470 |
| notify the tax commissioner of any such payment of taxes that is | 30471 |
| due but not made and shall furnish the information to the | 30472 |
| commissioner that the commissioner requires. The clerk shall | 30473 |
| deduct the amount of taxes due but not paid from the clerk's | 30474 |
| periodic remittance of tax payments, in accordance with procedures | 30475 |
| agreed upon by the tax commissioner. The commissioner may collect | 30476 |
| taxes due by assessment in the manner provided in section 5739.13 | 30477 |
| of the Revised Code. | 30478 |
| Any person who presents payment that is returned or | 30479 |
| dishonored for any reason is liable to the clerk for payment of a | 30480 |
| penalty over and above the amount of the taxes due. The clerk | 30481 |
| shall determine the amount of the penalty, and the penalty shall | 30482 |
| be no greater than that amount necessary to compensate the clerk | 30483 |
| for banking charges, legal fees, or other expenses incurred by the | 30484 |
| clerk in collecting the returned or dishonored payment. The | 30485 |
| remedies and procedures provided in this section are in addition | 30486 |
| to any other available civil or criminal remedies. Subsequently | 30487 |
| collected penalties, poundage fees, and title fees, less any title | 30488 |
| fee due the state, from returned or dishonored payments collected | 30489 |
| by the clerk shall be paid into the certificate of title | 30490 |
| administration fund. Subsequently collected taxes, less poundage | 30491 |
| fees, shall be sent by the clerk to the treasurer of state at the | 30492 |
| next scheduled periodic remittance of tax payments, with | 30493 |
| information as the commissioner may require. The clerk may abate | 30494 |
| all or any part of any penalty assessed under this division. | 30495 |
| (F) In the following cases, the clerk shall accept for filing | 30496 |
| an application and shall issue a certificate of title without | 30497 |
| requiring payment or evidence of payment of the tax: | 30498 |
| (1) When the purchaser is this state or any of its political | 30499 |
| subdivisions, a church, or an organization whose purchases are | 30500 |
| exempted by section 5739.02 of the Revised Code; | 30501 |
| (2) When the transaction in this state is not a retail sale | 30502 |
| as defined by section 5739.01 of the Revised Code; | 30503 |
| (3) When the purchase is outside this state or in interstate | 30504 |
| commerce and the purpose of the purchaser is not to use, store, or | 30505 |
| consume within the meaning of section 5741.01 of the Revised Code; | 30506 |
| (4) When the purchaser is the federal government; | 30507 |
| (5) When the motor vehicle was purchased outside this state | 30508 |
| for use outside this state; | 30509 |
| (6) When the motor vehicle is purchased by a nonresident of | 30510 |
| this state for immediate removal from this state, and will be | 30511 |
| permanently titled and registered in another state, as provided by | 30512 |
| division (B)(23) of section 5739.02 of the Revised Code, and upon | 30513 |
| presentation of a copy of the affidavit provided by that section, | 30514 |
| and a copy of the exemption certificate provided by section | 30515 |
| 5739.03 of the Revised Code. | 30516 |
| | 30517 |
| 30518 | |
| 30519 | |
| 30520 |
| (G) An application, as prescribed by the registrar and agreed | 30521 |
| to by the tax commissioner, shall be filled out and sworn to by | 30522 |
| the buyer of a motor vehicle in a casual sale. The application | 30523 |
| shall contain the following notice in bold lettering: "WARNING TO | 30524 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 30525 |
| law to state the true selling price. A false statement is in | 30526 |
| violation of section 2921.13 of the Revised Code and is punishable | 30527 |
| by six months' imprisonment or a fine of up to one thousand | 30528 |
| dollars, or both. All transfers are audited by the department of | 30529 |
| taxation. The seller and buyer must provide any information | 30530 |
| requested by the department of taxation. The buyer may be assessed | 30531 |
| any additional tax found to be due." | 30532 |
| (H) For sales of manufactured homes or mobile homes occurring | 30533 |
| on or after January 1, 2000, the clerk shall accept for filing, | 30534 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 30535 |
| a certificate of title for a manufactured home or mobile home | 30536 |
| without requiring payment of any tax pursuant to section 5739.02, | 30537 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 30538 |
| issued by the tax commissioner showing payment of the tax. For | 30539 |
| sales of manufactured homes or mobile homes occurring on or after | 30540 |
| January 1, 2000, the applicant shall pay to the clerk an | 30541 |
| additional fee of five dollars for each certificate of title | 30542 |
| issued by the clerk for a manufactured or mobile home pursuant to | 30543 |
| division (H) of section 4505.11 of the Revised Code and for each | 30544 |
| certificate of title issued upon transfer of ownership of the | 30545 |
| home. The clerk shall credit the fee to the county certificate of | 30546 |
| title administration fund, and the fee shall be used to pay the | 30547 |
| expenses of archiving those certificates pursuant to division (A) | 30548 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 30549 |
| Revised Code. The tax commissioner shall administer any tax on a | 30550 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 30551 |
| of the Revised Code. | 30552 |
| (I) Every clerk shall have the capability to transact by | 30553 |
| electronic means all procedures and transactions relating to the | 30554 |
| issuance of motor vehicle certificates of title that are described | 30555 |
| in the Revised Code as being accomplished by electronic means. | 30556 |
| Sec. 4511.75. (A) The driver of a vehicle, streetcar, or | 30557 |
| trackless trolley upon meeting or overtaking from either direction | 30558 |
| any school bus stopped for the purpose of receiving or discharging | 30559 |
| any school child, person attending programs offered by community | 30560 |
| boards of mental health and county boards of mental retardation | 30561 |
| and developmental disabilities, or child attending a program | 30562 |
| offered by a head start agency, shall stop at least ten feet from | 30563 |
| the front or rear of the school bus and shall not proceed until | 30564 |
| such school bus resumes motion, or until signaled by the school | 30565 |
| bus driver to proceed. | 30566 |
| It is no defense to a charge under this division that the | 30567 |
| school bus involved failed to display or be equipped with an | 30568 |
| automatically extended stop warning sign as required by division | 30569 |
| (B) of this section. | 30570 |
| (B) Every school bus shall be equipped with amber and red | 30571 |
| visual signals meeting the requirements of section 4511.771 of the | 30572 |
| Revised Code, and an automatically extended stop warning sign of a | 30573 |
| type approved by the state board of education, which shall be | 30574 |
| actuated by the driver of the bus whenever but only whenever the | 30575 |
| bus is stopped or stopping on the roadway for the purpose of | 30576 |
| receiving or discharging school children, persons attending | 30577 |
| programs offered by community boards of mental health and county | 30578 |
| boards of mental retardation and developmental disabilities, or | 30579 |
| children attending programs offered by head start agencies. A | 30580 |
| school bus driver shall not actuate the visual signals or the stop | 30581 |
| warning sign in designated school bus loading areas where the bus | 30582 |
| is entirely off the roadway or at school buildings when children | 30583 |
| or persons attending programs offered by community boards of | 30584 |
| mental health and county boards of mental retardation and | 30585 |
| developmental disabilities are loading or unloading at curbside or | 30586 |
| at buildings when children attending programs offered by head | 30587 |
| start agencies are loading or unloading at curbside. The visual | 30588 |
| signals and stop warning sign shall be synchronized or otherwise | 30589 |
| operated as required by rule of the board. | 30590 |
| (C) Where a highway has been divided into four or more | 30591 |
| traffic lanes, a driver of a vehicle, streetcar, or trackless | 30592 |
| trolley need not stop for a school bus approaching from the | 30593 |
| opposite direction which has stopped for the purpose of receiving | 30594 |
| or discharging any school child, persons attending programs | 30595 |
| offered by community boards of mental health and county boards of | 30596 |
| mental retardation and developmental disabilities, or children | 30597 |
| attending programs offered by head start agencies. The driver of | 30598 |
| any vehicle, streetcar, or trackless trolley overtaking the school | 30599 |
| bus shall comply with division (A) of this section. | 30600 |
| (D) School buses operating on divided highways or on highways | 30601 |
| with four or more traffic lanes shall receive and discharge all | 30602 |
| school children, persons attending programs offered by community | 30603 |
| boards of mental health and county boards of mental retardation | 30604 |
| and developmental disabilities, and children attending programs | 30605 |
| offered by head start agencies on their residence side of the | 30606 |
| highway. | 30607 |
| (E) No school bus driver shall start the driver's bus until | 30608 |
| after any child, person attending programs offered by community | 30609 |
| boards of mental health and county boards of mental retardation | 30610 |
| and developmental disabilities, or child attending a program | 30611 |
| offered by a head start agency who may have alighted therefrom has | 30612 |
| reached a place of safety on the child's or person's residence | 30613 |
| side of the road. | 30614 |
| (F)(1) Whoever violates division (A) of this section may be | 30615 |
| fined an amount not to exceed five hundred dollars. A person who | 30616 |
| is issued a citation for a violation of division (A) of this | 30617 |
| section is not permitted to enter a written plea of guilty and | 30618 |
| waive the person's right to contest the citation in a trial but | 30619 |
| instead must appear in person in the proper court to answer the | 30620 |
| charge. | 30621 |
| (2) In addition to and independent of any other penalty | 30622 |
| provided by law, the court or mayor may impose upon an offender | 30623 |
| who violates this section a class seven suspension of the | 30624 |
| offender's driver's license, commercial driver's license, | 30625 |
| temporary instruction permit, probationary license, or nonresident | 30626 |
| operating privilege from the range specified in division (A)(7) of | 30627 |
| section 4510.02 of the Revised Code. When a license is suspended | 30628 |
| under this section, the court or mayor shall cause the offender to | 30629 |
| deliver the license to the court, and the court or clerk of the | 30630 |
| court immediately shall forward the license to the registrar of | 30631 |
| motor vehicles, together with notice of the court's action. | 30632 |
| (G) As used in this section: | 30633 |
| (1) "Head start agency" has the same meaning as in section | 30634 |
| 30635 |
| (2) "School bus," as used in relation to children who attend | 30636 |
| a program offered by a head start agency, means a bus that is | 30637 |
| owned and operated by a head start agency, is equipped with an | 30638 |
| automatically extended stop warning sign of a type approved by the | 30639 |
| state board of education, is painted the color and displays the | 30640 |
| markings described in section 4511.77 of the Revised Code, and is | 30641 |
| equipped with amber and red visual signals meeting the | 30642 |
| requirements of section 4511.771 of the Revised Code, irrespective | 30643 |
| of whether or not the bus has fifteen or more children aboard at | 30644 |
| any time. "School bus" does not include a van owned and operated | 30645 |
| by a head start agency, irrespective of its color, lights, or | 30646 |
| markings. | 30647 |
| Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 30648 |
| and (D) of this section, no person shall operate any snowmobile, | 30649 |
| off-highway motorcycle, or all-purpose vehicle within this state | 30650 |
| unless the snowmobile, off-highway motorcycle, or all-purpose | 30651 |
| vehicle is registered and numbered in accordance with sections | 30652 |
| 4519.03 and 4519.04 of the Revised Code. | 30653 |
| (B) No registration is required for a snowmobile, off-highway | 30654 |
| motorcycle, or all-purpose vehicle that is operated exclusively | 30655 |
| upon lands owned by the owner of the snowmobile, off-highway | 30656 |
| motorcycle, or all-purpose vehicle, or on lands to which the owner | 30657 |
| has a contractual right. | 30658 |
| (C) | 30659 |
| 30660 | |
| 30661 | |
| 30662 | |
| 30663 | |
| 30664 | |
| all-purpose vehicle owned and used in this state by a person who | 30665 |
| is not a resident of | 30666 |
| 30667 | |
| Revised Code. | 30668 |
| (D) No registration is required for a snowmobile, off-highway | 30669 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 30670 |
| the United States, another state, or a political subdivision | 30671 |
| thereof, but the snowmobile, off-highway motorcycle, or | 30672 |
| all-purpose vehicle shall display the name of the owner thereon. | 30673 |
| (E) The owner or operator of any all-purpose vehicle operated | 30674 |
| or used upon the waters in this state shall comply with Chapters | 30675 |
| 1547. and 1548. of the Revised Code relative to the operation of | 30676 |
| watercraft. | 30677 |
| (F) Except as otherwise provided in this division, whoever | 30678 |
| violates division (A) of this section shall be fined not more than | 30679 |
| twenty-five dollars. If the offender previously has been convicted | 30680 |
| of or pleaded guilty to a violation of division (A) of this | 30681 |
| section, whoever violates division (A) of this section shall be | 30682 |
| fined not less than twenty-five nor more than fifty dollars. | 30683 |
| Sec. 4519.04. (A) Upon the filing of an application for | 30684 |
| registration of a snowmobile, off-highway motorcycle, or | 30685 |
| all-purpose vehicle and the payment of the tax therefor, the | 30686 |
| registrar of motor vehicles or a deputy registrar shall assign to | 30687 |
| the snowmobile, off-highway motorcycle, or all-purpose vehicle a | 30688 |
| distinctive number and issue and deliver to the owner in such | 30689 |
| manner as the registrar may select, a certificate of registration, | 30690 |
| in such form as the registrar shall prescribe. Any number so | 30691 |
| assigned to a snowmobile, off-highway motorcycle, or all-purpose | 30692 |
| vehicle shall be a permanent number, and shall not be issued to | 30693 |
| any other snowmobile, off-highway motorcycle, or all-purpose | 30694 |
| vehicle. | 30695 |
| In addition to the certificate of registration, the registrar | 30696 |
| or deputy registrar also shall issue to the owner of the | 30697 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle a | 30698 |
| registration sticker. The registrar shall prescribe the color and | 30699 |
| size of the sticker, the combination of numerals and letters | 30700 |
| displayed on it, and placement of the sticker on the snowmobile, | 30701 |
| off-highway motorcycle, or all-purpose vehicle. | 30702 |
| (B) Upon receipt of a certificate of registration for a | 30703 |
| snowmobile, the owner shall paint or otherwise attach upon each | 30704 |
| side of the forward cowling of the snowmobile the identifying | 30705 |
| registration number, in block characters of not less than two | 30706 |
| inches in height and of such color as to be distinctly visible and | 30707 |
| legible. | 30708 |
| (C) Unless previously canceled, each certificate of | 30709 |
| registration issued for a snowmobile, off-highway motorcycle, or | 30710 |
| all-purpose vehicle expires upon the thirty-first day of December | 30711 |
| in the third year after the date it is issued. Application for | 30712 |
| renewal of a certificate may be made not earlier than ninety days | 30713 |
| preceding the expiration date, and shall be accompanied by a fee | 30714 |
|
of | 30715 |
| Sec. 4519.09. Every owner or operator of a snowmobile, | 30716 |
| off-highway motorcycle, or all-purpose vehicle who is not a | 30717 |
| resident
of | 30718 |
| 30719 | |
| motorcycle, or all-purpose vehicle in Ohio, shall apply to the | 30720 |
| registrar of motor vehicles or a deputy registrar for a temporary | 30721 |
| operating permit. The temporary operating permit shall be issued | 30722 |
| for a period not to exceed fifteen days from the date of issuance, | 30723 |
| shall be in such form as the registrar determines, shall include | 30724 |
| the name and address of the owner and operator of the snowmobile, | 30725 |
| off-highway motorcycle, or all-purpose vehicle, and any other | 30726 |
| information as the registrar considers necessary, and shall be | 30727 |
| issued upon payment of a fee of five dollars. Every owner or | 30728 |
| operator receiving a temporary operating permit shall display it | 30729 |
| upon the reasonable request of any law enforcement officer or | 30730 |
| other person as authorized by sections 4519.42 and 4519.43 of the | 30731 |
| Revised Code. | 30732 |
| Sec. 4561.17. For the purpose of providing revenue for | 30733 |
| paying the expenses of administering sections 4561.17 to 4561.22 | 30734 |
| of the Revised Code relative to the registration of aircraft, for | 30735 |
| the surveying of and the establishment, checking, maintenance, and | 30736 |
| repair of aviation air marking and of air navigation facilities, | 30737 |
| for airport capital improvements, for the acquiring, maintaining, | 30738 |
| and repairing of equipment necessary therefor, and for the cost of | 30739 |
| the creation and distribution of Ohio aeronautical charts and Ohio | 30740 |
| airport and landing field directories, an annual license tax is | 30741 |
| hereby levied upon all aircraft based in this state for which an | 30742 |
| aircraft worthiness certificate issued by the federal aviation | 30743 |
| administration is in effect except the following: | 30744 |
| (A) Aircraft owned by the United States or any territory | 30745 |
| thereof; | 30746 |
| (B) Aircraft owned by any foreign government; | 30747 |
| (C) Aircraft owned by any state or any political subdivision | 30748 |
| thereof; | 30749 |
| (D) Aircraft operated under a certificate of convenience and | 30750 |
| necessity issued by the civil aeronautics board or any successor | 30751 |
| thereto; | 30752 |
| (E) Aircraft owned by any nonresident of this state whether | 30753 |
| such owner is an individual, partnership, or corporation, provided | 30754 |
| such owner has complied with all the laws in regard to the | 30755 |
| licensing of aircraft in the state of | 30756 |
| (F) Aircraft owned by aircraft manufacturers or aircraft | 30757 |
| engine manufacturers and operated only for purposes of testing, | 30758 |
| delivery, or demonstration; | 30759 |
| (G) Aircraft operated for hire over regularly scheduled | 30760 |
| routes within the state. | 30761 |
| Such license tax shall be at the rates specified in section | 30762 |
| 4561.18 of the Revised Code, and shall be paid to and collected by | 30763 |
| the director of transportation at the time of making application | 30764 |
| as provided in such section. | 30765 |
| Sec. 4561.18. Applications for the licensing and | 30766 |
| registration of aircraft shall be made and signed by the owner | 30767 |
| thereof upon forms prepared by the department of transportation | 30768 |
| and shall contain a description of the aircraft, including its | 30769 |
| federal registration number, and such other information as is | 30770 |
| required by the department. | 30771 |
| Applications shall be filed with the director of | 30772 |
| transportation during the month of January annually and shall be | 30773 |
| renewed according to the standard renewal procedure of sections | 30774 |
| 4745.01 to 4745.03 of the Revised Code. Application for | 30775 |
| registration of any aircraft not previously registered in this | 30776 |
| state, if such aircraft is acquired or becomes subject to such | 30777 |
| license tax subsequent to the last day of January in any year, | 30778 |
| shall be made for the balance of the year in which the same is | 30779 |
| acquired, within forty-eight hours after such acquisition or after | 30780 |
| becoming subject to such license tax. Each such application shall | 30781 |
| be accompanied by the proper license tax, which, for all aircraft | 30782 |
| other than gliders and balloons, shall be at the annual rate of | 30783 |
| 30784 | |
| manufacturer's maximum listed seating capacity. The license tax | 30785 |
| for gliders and balloons shall be | 30786 |
| Such taxes are in lieu of all other taxes on or with respect | 30787 |
| to ownership of such aircraft. | 30788 |
| Sec. 4561.21. (A) The director of transportation shall | 30789 |
| deposit all aircraft transfer fees in the state treasury to the | 30790 |
| credit of the general fund. | 30791 |
| (B) The director shall deposit all aircraft license taxes in | 30792 |
| the state treasury to the credit of the | 30793 |
| assistance fund, which is hereby created. Money in the fund shall | 30794 |
| be used | 30795 |
| capital improvements to publicly owned airports | 30796 |
| director shall distribute the money to | 30797 |
| recipients in accordance with such procedures, guidelines, and | 30798 |
| criteria as the director shall establish. | 30799 |
| Sec. 4705.09. (A)(1) Any person admitted to the practice of | 30800 |
| law in this state by order of the supreme court in accordance with | 30801 |
| its prescribed and published rules, or any law firm or legal | 30802 |
| professional association, may establish and maintain an | 30803 |
| interest-bearing trust account, for purposes of depositing client | 30804 |
| funds held by the attorney, firm, or association that are nominal | 30805 |
| in amount or are to be held by the attorney, firm, or association | 30806 |
| for a short period of time, with any bank or savings and loan | 30807 |
| association that is authorized to do business in this state and is | 30808 |
| insured by the federal deposit insurance corporation or the | 30809 |
| successor to that corporation, or any credit union insured by the | 30810 |
| national credit union administration operating under the "Federal | 30811 |
| Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C.A. 1751. Each | 30812 |
| account established under this division shall be in the name of | 30813 |
| the attorney, firm, or association that established and is | 30814 |
| maintaining it and shall be identified as an IOLTA or an interest | 30815 |
| on lawyer's trust account. The name of the account may contain | 30816 |
| additional identifying features to distinguish it from other trust | 30817 |
| accounts established and maintained by the attorney, firm, or | 30818 |
| association. | 30819 |
| (2) Each attorney who receives funds belonging to a client | 30820 |
| shall do one of the following: | 30821 |
| (a) Establish and maintain one or more interest-bearing trust | 30822 |
| accounts in accordance with division (A)(1) of this section or | 30823 |
| maintain one or more interest-bearing trust accounts previously | 30824 |
| established in accordance with that division, and deposit all | 30825 |
| client funds held that are nominal in amount or are to be held by | 30826 |
| the attorney for a short period of time in the account or | 30827 |
| accounts; | 30828 |
| (b) If the attorney is affiliated with a law firm or legal | 30829 |
| professional association, comply with division (A)(2)(a) of this | 30830 |
| section or deposit all client funds held that are nominal in | 30831 |
| amount or are to be held by the attorney for a short period of | 30832 |
| time in one or more interest-bearing trust accounts established | 30833 |
| and maintained by the firm or association in accordance with | 30834 |
| division (A)(1) of this section. | 30835 |
| (3) No funds belonging to any attorney, firm, or legal | 30836 |
| professional association shall be deposited in any | 30837 |
|
interest-bearing | 30838 |
| (A)(1) or (2) of this section, except that funds sufficient to pay | 30839 |
| or enable a waiver of depository institution service charges on | 30840 |
| the account shall be deposited in the account and other funds | 30841 |
| belonging to the attorney, firm, or association may be deposited | 30842 |
| as authorized by the Code of Professional Responsibility adopted | 30843 |
| by the supreme court. The determinations of whether funds held are | 30844 |
| nominal or more than nominal in amount and of whether funds are to | 30845 |
| be held for a short period or longer than a short period of time | 30846 |
| rests in the sound judgment of the particular attorney. No | 30847 |
| imputation of professional misconduct shall arise from the | 30848 |
| attorney's exercise of judgment in these matters. | 30849 |
| (B) All interest earned on funds deposited in an | 30850 |
| interest-bearing trust account established under division (A)(1) | 30851 |
| or (2) of this section shall be transmitted to the treasurer of | 30852 |
| state for deposit in the legal aid fund established under section | 30853 |
| 120.52 of the Revised Code. No part of the interest earned on | 30854 |
| funds deposited in an interest-bearing trust account established | 30855 |
| under division (A)(1) or (2) of this section shall be paid to, or | 30856 |
| inure to the benefit of, the attorney, the attorney's law firm or | 30857 |
| legal professional association, the client or other person who | 30858 |
| owns or has a beneficial ownership of the funds deposited, or any | 30859 |
| other person other than in accordance with this section, section | 30860 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 30861 |
| (C) No liability arising out of any act or omission by any | 30862 |
| attorney, law firm, or legal professional association with respect | 30863 |
| to any interest-bearing trust account established under division | 30864 |
| (A)(1) or (2) of this section shall be imputed to the depository | 30865 |
| institution. | 30866 |
| (D) The supreme court may adopt and enforce rules of | 30867 |
| professional conduct that pertain to the use, by attorneys, law | 30868 |
| firms, or legal professional associations, of interest-bearing | 30869 |
| trust accounts established under division (A)(1) or (2) of this | 30870 |
| section, and that pertain to the enforcement of division (A)(2) of | 30871 |
| this section. Any rules adopted by the supreme court under this | 30872 |
| authority shall conform to the provisions of this section, section | 30873 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 30874 |
| Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the | 30875 |
| Revised Code: | 30876 |
| (A)(1) "Clinical laboratory services" means either of the | 30877 |
| following: | 30878 |
| (a) Any examination of materials derived from the human body | 30879 |
| for the purpose of providing information for the diagnosis, | 30880 |
| prevention, or treatment of any disease or impairment or for the | 30881 |
| assessment of health; | 30882 |
| (b) Procedures to determine, measure, or otherwise describe | 30883 |
| the presence or absence of various substances or organisms in the | 30884 |
| body. | 30885 |
| (2) "Clinical laboratory services" does not include the mere | 30886 |
| collection or preparation of specimens. | 30887 |
| (B) "Designated health services" means any of the following: | 30888 |
| (1) Clinical laboratory services; | 30889 |
| (2) Home health care services; | 30890 |
| (3) Outpatient prescription drugs. | 30891 |
| (C) "Fair market value" means the value in arms-length | 30892 |
| transactions, consistent with general market value and: | 30893 |
| (1) With respect to rentals or leases, the value of rental | 30894 |
| property for general commercial purposes, not taking into account | 30895 |
| its intended use; | 30896 |
| (2) With respect to a lease of space, not adjusted to reflect | 30897 |
| the additional value the prospective lessee or lessor would | 30898 |
| attribute to the proximity or convenience to the lessor if the | 30899 |
| lessor is a potential source of referrals to the lessee. | 30900 |
| (D) "Governmental health care program" means any program | 30901 |
| providing health care benefits that is administered by the federal | 30902 |
| government, this state, or a political subdivision of this state, | 30903 |
| including the medicare program established under Title XVIII of | 30904 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 30905 |
| as amended, health care coverage for public employees, health care | 30906 |
| benefits administered by the bureau of workers' compensation, or | 30907 |
| the medical assistance program established under Chapter 5111. of | 30908 |
| the Revised Code | 30909 |
| 30910 |
| (E)(1) "Group practice" means a group of two or more holders | 30911 |
| of certificates under this chapter legally organized as a | 30912 |
| partnership, professional corporation or association, limited | 30913 |
| liability company, foundation, nonprofit corporation, faculty | 30914 |
| practice plan, or similar group practice entity, including an | 30915 |
| organization comprised of a nonprofit medical clinic that | 30916 |
| contracts with a professional corporation or association of | 30917 |
| physicians to provide medical services exclusively to patients of | 30918 |
| the clinic in order to comply with section 1701.03 of the Revised | 30919 |
| Code and including a corporation, limited liability company, | 30920 |
| partnership, or professional association described in division (B) | 30921 |
| of section 4731.226 of the Revised Code formed for the purpose of | 30922 |
| providing a combination of the professional services of | 30923 |
| optometrists who are licensed, certificated, or otherwise legally | 30924 |
| authorized to practice optometry under Chapter 4725. of the | 30925 |
| Revised Code, chiropractors who are licensed, certificated, or | 30926 |
| otherwise legally authorized to practice chiropractic under | 30927 |
| Chapter 4734. of the Revised Code, psychologists who are licensed, | 30928 |
| certificated, or otherwise legally authorized to practice | 30929 |
| psychology under Chapter 4732. of the Revised Code, registered or | 30930 |
| licensed practical nurses who are licensed, certificated, or | 30931 |
| otherwise legally authorized to practice nursing under Chapter | 30932 |
| 4723. of the Revised Code, pharmacists who are licensed, | 30933 |
| certificated, or otherwise legally authorized to practice pharmacy | 30934 |
| under Chapter 4729. of the Revised Code, physical therapists who | 30935 |
| are licensed, certificated, or otherwise legally authorized to | 30936 |
| practice physical therapy under sections 4755.40 to 4755.53 of the | 30937 |
| Revised Code, mechanotherapists who are licensed, certificated, or | 30938 |
| otherwise legally authorized to practice mechanotherapy under | 30939 |
| section 4731.151 of the Revised Code, and doctors of medicine and | 30940 |
| surgery, osteopathic medicine and surgery, or podiatric medicine | 30941 |
| and surgery who are licensed, certificated, or otherwise legally | 30942 |
| authorized for their respective practices under this chapter, to | 30943 |
| which all of the following apply: | 30944 |
| (a) Each physician who is a member of the group practice | 30945 |
| provides substantially the full range of services that the | 30946 |
| physician routinely provides, including medical care, | 30947 |
| consultation, diagnosis, or treatment, through the joint use of | 30948 |
| shared office space, facilities, equipment, and personnel. | 30949 |
| (b) Substantially all of the services of the members of the | 30950 |
| group are provided through the group and are billed in the name of | 30951 |
| the group and amounts so received are treated as receipts of the | 30952 |
| group. | 30953 |
| (c) The overhead expenses of and the income from the practice | 30954 |
| are distributed in accordance with methods previously determined | 30955 |
| by members of the group. | 30956 |
| (d) The group practice meets any other requirements that the | 30957 |
| state medical board applies in rules adopted under section 4731.70 | 30958 |
| of the Revised Code. | 30959 |
| (2) In the case of a faculty practice plan associated with a | 30960 |
| hospital with a medical residency training program in which | 30961 |
| physician members may provide a variety of specialty services and | 30962 |
| provide professional services both within and outside the group, | 30963 |
| as well as perform other tasks such as research, the criteria in | 30964 |
| division (E)(1) of this section apply only with respect to | 30965 |
| services rendered within the faculty practice plan. | 30966 |
| (F) "Home health care services" and "immediate family" have | 30967 |
| the same meanings as in the rules adopted under section 4731.70 of | 30968 |
| the Revised Code. | 30969 |
| (G) "Hospital" has the same meaning as in section 3727.01 of | 30970 |
| the Revised Code. | 30971 |
| (H) A "referral" includes both of the following: | 30972 |
| (1) A request by a holder of a certificate under this chapter | 30973 |
| for an item or service, including a request for a consultation | 30974 |
| with another physician and any test or procedure ordered by or to | 30975 |
| be performed by or under the supervision of the other physician; | 30976 |
| (2) A request for or establishment of a plan of care by a | 30977 |
| certificate holder that includes the provision of designated | 30978 |
| health services. | 30979 |
| (I) "Third-party payer" has the same meaning as in section | 30980 |
| 3901.38 of the Revised Code. | 30981 |
| Sec. 4731.71. The auditor of state may implement procedures | 30982 |
| to detect violations of section 4731.66 or 4731.69 of the Revised | 30983 |
| Code within governmental health care programs administered by the | 30984 |
| state. The auditor of state shall report any violation of either | 30985 |
| section to the state medical board and shall certify to the | 30986 |
| attorney general in accordance with section 131.02 of the Revised | 30987 |
| Code the amount of any refund owed to a state-administered | 30988 |
| governmental health care program under section 4731.69 of the | 30989 |
| Revised Code as a result of a violation. If a refund is owed to | 30990 |
| the medical assistance program established under Chapter 5111. of | 30991 |
|
the Revised Code | 30992 |
| 30993 | |
| of state also shall report the amount to the department of | 30994 |
| commerce. | 30995 |
| The state medical board also may implement procedures to | 30996 |
| detect violations of section 4731.66 or 4731.69 of the Revised | 30997 |
| Code. | 30998 |
| Sec. 4736.11. The state board of sanitarian registration | 30999 |
| shall issue a certificate of registration to any applicant whom it | 31000 |
| registers as a sanitarian or a sanitarian-in-training. Such | 31001 |
| certificate shall bear: | 31002 |
| (A) The name of the person; | 31003 |
| (B) The date of issue; | 31004 |
| (C) A serial number, designated by the board; | 31005 |
| (D) The seal of the board and signature of the | 31006 |
| chairperson of the board; | 31007 |
| (E) The designation "registered sanitarian" or | 31008 |
| "sanitarian-in-training." | 31009 |
| Certificates of registration shall expire annually on the | 31010 |
| date fixed by the board and become invalid on that date unless | 31011 |
| renewed pursuant to this section. All registered sanitarians shall | 31012 |
| be required annually to complete a continuing education program in | 31013 |
| subjects relating to practices of the profession as a sanitarian | 31014 |
| to the end that the utilization and application of new techniques, | 31015 |
| scientific advancements, and research findings will assure | 31016 |
| comprehensive service to the public. The board shall prescribe by | 31017 |
| rule a continuing education program for registered sanitarians to | 31018 |
| meet this requirement. The length of study for this program shall | 31019 |
| be determined by the board but shall be not less than six nor more | 31020 |
| than twenty-five hours during the calendar year. At least once | 31021 |
| annually the board shall | 31022 |
| sanitarian a list of courses approved by the board as satisfying | 31023 |
| the program prescribed by rule. Upon the request of a registered | 31024 |
| sanitarian, the secretary shall supply a list of | 31025 |
| applicable courses that the board has approved | 31026 |
| 31027 | |
| year at any time prior to the date of expiration upon payment of | 31028 |
| the renewal fee prescribed by section 4736.12 of the Revised Code | 31029 |
| and upon showing proof of having complied with the continuing | 31030 |
| education requirements of this section. The state board of | 31031 |
| sanitarian registration may waive the continuing education | 31032 |
| requirement in cases of certified illness or disability which | 31033 |
| prevents the attendance at any qualified educational seminars | 31034 |
| during the twelve months immediately preceding the annual | 31035 |
| certificate of registration renewal date. Certificates which | 31036 |
| expire may be reinstated under rules adopted by the board. | 31037 |
| Sec. 4736.12. (A) The state board of sanitarian registration | 31038 |
| shall charge the following fees: | 31039 |
| (1) To apply as a sanitarian-in-training,
| 31040 |
| dollars; | 31041 |
| (2) For sanitarians-in-training to apply for registration as | 31042 |
|
sanitarians,
| 31043 |
| this fee only once regardless of the number of times the applicant | 31044 |
| takes an examination required under section 4736.08 of the Revised | 31045 |
| Code. | 31046 |
| (3) For persons other than sanitarians-in-training to apply | 31047 |
| for registration as sanitarians, including persons meeting the | 31048 |
| requirements of section 4736.16 of the Revised Code, one hundred | 31049 |
| 31050 | |
| regardless of the number of times the applicant takes an | 31051 |
| examination required under section 4736.08 of the Revised Code. | 31052 |
| (4) The renewal fee for registered sanitarians shall be | 31053 |
| 31054 |
| (5) The renewal fee for sanitarians-in-training shall be | 31055 |
| 31056 |
| (6) For late application for renewal, | 31057 |
| twenty-seven dollars. | 31058 |
| The board of sanitarian registration, with the approval of | 31059 |
| the controlling board, may establish fees in excess of the amounts | 31060 |
| provided in this section, provided that such fees do not exceed | 31061 |
| the amounts permitted by this section by more than fifty per cent. | 31062 |
| (B) The board of sanitarian registration shall charge | 31063 |
| separate fees for examinations as required by section 4736.08 of | 31064 |
| the Revised Code, provided that the fees are not in excess of the | 31065 |
| actual cost to the board of conducting the examinations. | 31066 |
| (C) The board of sanitarian registration may adopt rules | 31067 |
| establishing fees for all of the following: | 31068 |
| (1) Application for the registration of a training agency | 31069 |
| approved under rules adopted by the board pursuant to section | 31070 |
| 4736.11 of the Revised Code and for the annual registration | 31071 |
| renewal of an approved training agency. | 31072 |
| (2) Application for the review of continuing education hours | 31073 |
| submitted for the board's approval by approved training agencies | 31074 |
| or by registered sanitarians or sanitarians-in-training. | 31075 |
| Sec. 4761.07. (A) The Ohio respiratory care board shall | 31076 |
| charge any license applicant or holder who is to take an | 31077 |
| examination required under division (A)(3) of section 4761.04 or a | 31078 |
| reexamination required under division (B) of section 4761.06 of | 31079 |
| the Revised Code for license renewal or under section 4761.09 of | 31080 |
| the Revised Code for license reinstatement, a nonrefundable | 31081 |
| examination fee, not to exceed the amount necessary to cover the | 31082 |
| expense of administering the examination. The license applicant or | 31083 |
| holder shall pay the fee at the time of application for licensure | 31084 |
| or renewal. | 31085 |
| (B) The board shall establish the following additional | 31086 |
| nonrefundable fees and penalty: | 31087 |
| (1) An initial license fee, not to exceed seventy-five | 31088 |
| dollars; | 31089 |
| (2) A biennial license renewal fee, not to exceed one hundred | 31090 |
| dollars; | 31091 |
| (3) A limited permit fee, not to exceed twenty dollars; | 31092 |
| (4) A limited permit renewal fee, not to exceed ten dollars; | 31093 |
| (5) A late renewal penalty, not to exceed fifty per cent of | 31094 |
| the renewal fee. | 31095 |
| (C) Notwithstanding division (B)(4) of this section, after | 31096 |
| the third renewal of a limited permit that meets the exception in | 31097 |
| division (B)(3) of section 4761.05 of the Revised Code, the | 31098 |
| limited permit renewal fee shall be one-half the amount of the | 31099 |
| biennial license renewal fee established under division (B)(2) of | 31100 |
| this section and section 4761.08 of the Revised Code. | 31101 |
| (D) Notwithstanding divisions (B)(2) and (4) of this section, | 31102 |
| the board may charge a convenience fee when a license or limited | 31103 |
| permit is renewed electronically by using a credit card. All of | 31104 |
| the following apply to any convenience fee described in this | 31105 |
| division: | 31106 |
| (1) The board shall comply with division (E) of section | 31107 |
| 113.40 of the Revised Code relating to any convenience fees | 31108 |
| charged for accepting payment by a financial transaction device. | 31109 |
| (2) The convenience fee shall not exceed the cost of the | 31110 |
| processing fee charged by the state's credit card processor and | 31111 |
| shall be in accordance with the guidelines of issuers of credit | 31112 |
| cards and the processors of credit cards. | 31113 |
| (3) The convenience fee must relate to convenience of the | 31114 |
| licensee or limited permit holder, such as eliminating the need to | 31115 |
| make payment in person. | 31116 |
| (4) The convenience fee is not refundable. | 31117 |
| (E) The board shall adjust the fees biennially and within the | 31118 |
| limits established by division (B) of this section to provide | 31119 |
| sufficient revenues to meet its expenses. | 31120 |
| | 31121 |
| or part of a license fee when the license is issued less than | 31122 |
| eighteen months before its expiration date. | 31123 |
| | 31124 |
| the state treasury to the credit of the occupational licensing and | 31125 |
| regulatory fund. | 31126 |
| Sec. 4905.10. (A) For the sole purpose of maintaining and | 31127 |
| administering the public utilities commission and exercising its | 31128 |
| supervision and jurisdiction over the railroads and public | 31129 |
| utilities of this state, an amount equivalent to the appropriation | 31130 |
| from the public utilities fund created under division (B) of this | 31131 |
| section to the public utilities commission for railroad and public | 31132 |
| utilities regulation in each fiscal year shall be apportioned | 31133 |
| among and assessed against each railroad and public utility within | 31134 |
| this state by the commission by first computing an assessment as | 31135 |
| though it were to be made in proportion to the intrastate gross | 31136 |
| earnings or receipts, excluding earnings or receipts from sales to | 31137 |
| other public utilities for resale, of the railroad or public | 31138 |
| utility for the calendar year next preceding that in which the | 31139 |
| assessment is made. The commission may include in that first | 31140 |
| computation any amount of a railroad's or public utility's | 31141 |
| intrastate gross earnings or receipts that were underreported in a | 31142 |
| prior year. In addition to whatever penalties apply under the | 31143 |
| Revised Code to such underreporting, the commission shall assess | 31144 |
| the railroad or public utility interest at the rate stated in | 31145 |
| division (A) of section 1343.01 of the Revised Code. The | 31146 |
| commission shall deposit any interest so collected into the public | 31147 |
| utilities fund. The commission may exclude from that first | 31148 |
| computation any such amounts that were overreported in a prior | 31149 |
| year. | 31150 |
| The final computation of the assessment shall consist of | 31151 |
| imposing upon each railroad and public utility whose assessment | 31152 |
|
under the first computation would have been
| 31153 |
| dollars or less
an assessment of | 31154 |
| recomputing the assessments of the remaining railroads and public | 31155 |
| utilities by apportioning an amount equal to the appropriation to | 31156 |
| the public utilities commission for administration of the | 31157 |
| utilities division in each fiscal year less the total amount to be | 31158 |
| recovered from those paying the minimum assessment, in proportion | 31159 |
| to the intrastate gross earnings or receipts of the remaining | 31160 |
| railroads and public utilities for the calendar year next | 31161 |
| preceding that in which the assessments are made. | 31162 |
| In the case of an assessment based on intrastate gross | 31163 |
| receipts under this section against a public utility that is an | 31164 |
| electric utility as defined in section 4928.01 of the Revised | 31165 |
| Code, or an electric services company, electric cooperative, or | 31166 |
| governmental aggregator subject to certification under section | 31167 |
| 4928.08 of the Revised Code, such receipts shall be those | 31168 |
| specified in the utility's, company's, cooperative's, or | 31169 |
| aggregator's most recent report of intrastate gross receipts and | 31170 |
| sales of kilowatt hours of electricity, filed with the commission | 31171 |
| pursuant to division (F) of section 4928.06 of the Revised Code, | 31172 |
| and verified by the commission. | 31173 |
| In the case of an assessment based on intrastate gross | 31174 |
| receipts under this section against a retail natural gas supplier | 31175 |
| or governmental aggregator subject to certification under section | 31176 |
| 4929.20 of the Revised Code, such receipts shall be those | 31177 |
| specified in the supplier's or aggregator's most recent report of | 31178 |
| intrastate gross receipts and sales of hundred cubic feet of | 31179 |
| natural gas, filed with the commission pursuant to division (B) of | 31180 |
| section 4929.23 of the Revised Code, and verified by the | 31181 |
| commission. However, no such retail natural gas supplier or such | 31182 |
| governmental aggregator serving or proposing to serve customers of | 31183 |
| a particular natural gas company, as defined in section 4929.01 of | 31184 |
| the Revised Code, shall be assessed under this section until after | 31185 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 31186 |
| Revised Code, has removed from the base rates of the natural gas | 31187 |
| company the amount of assessment under this section that is | 31188 |
| attributable to the value of commodity sales service, as defined | 31189 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 31190 |
| those customers of the company that do not purchase that service | 31191 |
| from the natural gas company. | 31192 |
| (B) | 31193 |
| of October in each year, the commission shall notify each such | 31194 |
| railroad and public utility of the sum assessed against it, | 31195 |
| whereupon payment shall be made to the commission, which shall | 31196 |
| deposit it into the state treasury to the credit of the public | 31197 |
| utilities fund, which is hereby created. Beginning in calendar | 31198 |
| year 2006, on or before the fifteenth day of May in each year, the | 31199 |
| commission shall notify each railroad and public utility that had | 31200 |
| a sum assessed against it for the current fiscal year of more than | 31201 |
| one thousand dollars that fifty per cent of that amount shall be | 31202 |
| paid to the commission by the twentieth day of June of that year | 31203 |
| as an initial payment of the assessment against the company for | 31204 |
| the next fiscal year. On or before the first day of October in | 31205 |
| each year, the commission shall make a final determination of the | 31206 |
| sum of the assessment against each railroad and public utility and | 31207 |
| shall notify each railroad and public utility of the sum assessed | 31208 |
| against it. The commission shall deduct from the assessment for | 31209 |
| each railroad or public utility any initial payment received. | 31210 |
| Payment of the assessment shall be made to the commission by the | 31211 |
| first day of November of that year. The commission shall deposit | 31212 |
| the payments received into the state treasury to the credit of the | 31213 |
| public utilities fund. Any such amounts paid into the fund but not | 31214 |
| expended by the commission shall be credited ratably, after first | 31215 |
| deducting any deficits accumulated from prior years, by the | 31216 |
| commission to railroads and public utilities that pay more than | 31217 |
| the minimum assessment, according to the respective portions of | 31218 |
| such sum
assessable against them for the ensuing | 31219 |
| year. The
assessments for such | 31220 |
| reduced correspondingly. | 31221 |
| (C) Within five days after the beginning of each fiscal year | 31222 |
| through fiscal year 2006, the director of budget and management | 31223 |
| shall transfer from the general revenue fund to the public | 31224 |
| utilities fund an amount sufficient for maintaining and | 31225 |
| administering the public utilities commission and exercising its | 31226 |
| supervision and jurisdiction over the railroads and public | 31227 |
| utilities of the state during the first four months of the fiscal | 31228 |
| year. The director shall transfer the same amount back to the | 31229 |
| general revenue fund from the public utilities fund at such time | 31230 |
| as the director determines that the balance of the public | 31231 |
| utilities fund is sufficient to support the appropriations from | 31232 |
| the fund for the fiscal year. The director may transfer less than | 31233 |
| that amount if the director determines that the revenues of the | 31234 |
| public utilities fund during the fiscal year will be insufficient | 31235 |
| to support the appropriations from the fund for the fiscal year, | 31236 |
| in which case the amount not paid back to the general revenue fund | 31237 |
| shall be payable to the general revenue fund in future fiscal | 31238 |
| years. | 31239 |
| (D) For the purpose of this section only, "public utility" | 31240 |
| includes: | 31241 |
| (1) In addition to an electric utility as defined in section | 31242 |
| 4928.01 of the Revised Code, an electric services company, an | 31243 |
| electric cooperative, or a governmental aggregator subject to | 31244 |
| certification under section 4928.08 of the Revised Code, to the | 31245 |
| extent of the company's, cooperative's, or aggregator's engagement | 31246 |
| in the business of supplying or arranging for the supply in this | 31247 |
| state of any retail electric service for which it must be so | 31248 |
| certified; | 31249 |
| (2) In addition to a natural gas company as defined in | 31250 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 31251 |
| or governmental aggregator subject to certification under section | 31252 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 31253 |
| aggregator's engagement in the business of supplying or arranging | 31254 |
| for the supply in this state of any competitive retail natural gas | 31255 |
| service for which it must be certified. | 31256 |
| (E) Each public utilities commissioner shall receive a salary | 31257 |
| fixed at the level set by pay range 49 under schedule E-2 of | 31258 |
| section 124.152 of the Revised Code. | 31259 |
| Sec. 4905.54. Every public utility or railroad and every | 31260 |
| officer of a public utility or railroad shall comply with every | 31261 |
| order, direction, and requirement of the public utilities | 31262 |
| commission made under authority of this chapter and Chapters | 31263 |
| 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, | 31264 |
| so long as they remain in force. Except as otherwise specifically | 31265 |
| provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and | 31266 |
| 4923.99 of the Revised Code, the public utilities commission may | 31267 |
| assess a forfeiture of not more than ten thousand dollars for each | 31268 |
| violation or failure against a public utility or railroad that | 31269 |
| violates a provision of those chapters or that after due notice | 31270 |
| fails to comply with an order, direction, or requirement of the | 31271 |
| commission that was
officially promulgated | 31272 |
| 31273 | |
| 31274 | |
| a separate offense. All forfeitures collected under this section | 31275 |
| shall be credited to the general revenue fund. | 31276 |
| Sec. 4905.95. (A) Except as otherwise provided in division | 31277 |
| (C) of this section: | 31278 |
| (1) The public utilities commission, regarding any proceeding | 31279 |
| under this section, shall provide reasonable notice and the | 31280 |
| opportunity for a hearing in accordance with rules adopted under | 31281 |
| section 4901.13 of the Revised Code. | 31282 |
| (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and | 31283 |
| 4903.20 to 4903.23 of the Revised Code apply to all proceedings | 31284 |
| and orders of the commission under this section and to all | 31285 |
| operators subject to those proceedings and orders. | 31286 |
| (B) If, pursuant to a proceeding it specially initiates or to | 31287 |
| any other proceeding and after the hearing provided for under | 31288 |
| division (A) of this section, the commission finds that: | 31289 |
| (1) An operator has violated or failed to comply with, or is | 31290 |
| violating or failing to comply with, sections 4905.90 to 4905.96 | 31291 |
| of the Revised Code or the pipe-line safety code, the commission | 31292 |
| by order: | 31293 |
| (a) Shall require the operator to comply and to undertake | 31294 |
| corrective action necessary to protect the public safety; | 31295 |
| (b) May assess upon the operator forfeitures of not more than | 31296 |
| 31297 | |
| noncompliance, except that the aggregate of such forfeitures shall | 31298 |
| not exceed | 31299 |
| related series of violations or noncompliances. In determining the | 31300 |
| amount of any such forfeiture, the commission shall consider all | 31301 |
| of the following: | 31302 |
| (i) The gravity of the violation or noncompliance; | 31303 |
| (ii) The operator's history of prior violations or | 31304 |
| noncompliances; | 31305 |
| (iii) The operator's good faith efforts to comply and | 31306 |
| undertake corrective action; | 31307 |
| (iv) The operator's ability to pay the forfeiture; | 31308 |
| (v) The effect of the forfeiture on the operator's ability to | 31309 |
| continue as an operator; | 31310 |
| (vi) Such other matters as justice may require. | 31311 |
| All forfeitures collected under this division or section 4905.96 | 31312 |
| of the Revised Code shall be deposited in the state treasury to | 31313 |
| the credit of the general revenue fund. | 31314 |
| (c) May direct the attorney general to seek the remedies | 31315 |
| provided in section 4905.96 of the Revised Code. | 31316 |
| (2) An intrastate pipe-line transportation facility is | 31317 |
| hazardous to life or property, the commission by order: | 31318 |
| (a) Shall require the operator of the facility to take | 31319 |
| corrective action to remove the hazard. Such corrective action may | 31320 |
| include suspended or restricted use of the facility, physical | 31321 |
| inspection, testing, repair, replacement, or other action. | 31322 |
| (b) May direct the attorney general to seek the remedies | 31323 |
| provided in section 4905.96 of the Revised Code. | 31324 |
| (C) If, pursuant to a proceeding it specially initiates or to | 31325 |
| any other proceeding, the commission finds that an emergency | 31326 |
| exists due to a condition on an intrastate pipe-line | 31327 |
| transportation facility posing a clear and immediate danger to | 31328 |
| life or health or threatening a significant loss of property and | 31329 |
| requiring immediate corrective action to protect the public | 31330 |
| safety, the commission may issue, without notice or prior hearing, | 31331 |
| an order reciting its finding and may direct the attorney general | 31332 |
| to seek the remedies provided in section 4905.96 of the Revised | 31333 |
| Code. The order shall remain in effect for not more than forty | 31334 |
| days after the date of its issuance. The order shall provide for a | 31335 |
| hearing as soon as possible, but not later than thirty days after | 31336 |
| the date of its issuance. After the hearing the commission shall | 31337 |
| continue, revoke, or modify the order and may make findings under | 31338 |
| and seek appropriate remedies as provided in division (B) of this | 31339 |
| section. | 31340 |
| Sec. 4911.18. (A) For the sole purpose of maintaining and | 31341 |
| administering the office of the consumers' counsel and exercising | 31342 |
| the powers of the consumers' counsel under this chapter, an amount | 31343 |
| equal to the appropriation to the office of the consumers' counsel | 31344 |
| in each fiscal year shall be apportioned among and assessed | 31345 |
| against each public utility within this state, as defined in | 31346 |
| section 4911.01 of the Revised Code, by first computing an | 31347 |
| assessment as though it were to be made in proportion to the | 31348 |
| intrastate gross earnings or receipts of the public utility for | 31349 |
| the calendar year next preceding that in which the assessment is | 31350 |
| made, excluding earnings or receipts from sales to other public | 31351 |
| utilities for resale. The office may include in that first | 31352 |
| computation any amount of a public utility's intrastate gross | 31353 |
| earnings or receipts underreported in a prior year. In addition to | 31354 |
| whatever penalties apply under the Revised Code to such | 31355 |
| underreporting, the office shall assess the public utility | 31356 |
| interest at the rate stated in division (A) of section 1343.01 of | 31357 |
| the Revised Code. The office shall deposit any interest so | 31358 |
| collected into the consumers' counsel operating fund. The office | 31359 |
| may exclude from that first computation any such amounts that were | 31360 |
| over-reported in a prior year. | 31361 |
| The final computation of the assessment shall consist of | 31362 |
| imposing upon each public utility whose assessment under the first | 31363 |
|
computation would have been | 31364 |
| assessment
of
| 31365 |
| assessment of the remaining companies by apportioning an amount | 31366 |
| equal to the appropriation to the office of consumers' counsel in | 31367 |
| each fiscal year less the total amount to be recovered from those | 31368 |
| paying the minimum assessment, in proportion to the intrastate | 31369 |
| gross earnings or receipts of the remaining companies for the | 31370 |
| calendar year next preceding that in which the assessments are | 31371 |
| made, excluding earnings or receipts from sales to other public | 31372 |
| utilities for resale. | 31373 |
| In the case of an assessment based on intrastate gross | 31374 |
| receipts under this section against a public utility that is an | 31375 |
| electric utility as defined in section 4928.01 of the Revised | 31376 |
| Code, or an electric services company, electric cooperative, or | 31377 |
| governmental aggregator subject to certification under section | 31378 |
| 4928.08 of the Revised Code, such receipts shall be those | 31379 |
| specified in the utility's, company's, cooperative's, or | 31380 |
| aggregator's most recent report of intrastate gross receipts and | 31381 |
| sales of kilowatt hours of electricity, filed with the public | 31382 |
| utilities commission pursuant to division (F) of section 4928.06 | 31383 |
| of the Revised Code, and verified by the commission. | 31384 |
| In the case of an assessment based on intrastate gross | 31385 |
| receipts under this section against a retail natural gas supplier | 31386 |
| or governmental aggregator subject to certification under section | 31387 |
| 4929.20 of the Revised Code, such receipts shall be those | 31388 |
| specified in the supplier's or aggregator's most recent report of | 31389 |
| intrastate gross receipts and sales of hundred cubic feet of | 31390 |
| natural gas, filed with the commission pursuant to division (B) of | 31391 |
| section 4929.23 of the Revised Code, and verified by the | 31392 |
| commission. However, no such retail natural gas supplier or such | 31393 |
| governmental aggregator serving or proposing to serve customers of | 31394 |
| a particular natural gas company, as defined in section 4929.01 of | 31395 |
| the Revised Code, shall be assessed under this section until after | 31396 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 31397 |
| Revised Code, has removed from the base rates of the natural gas | 31398 |
| company the amount of assessment under this section that is | 31399 |
| attributable to the value of commodity sales service, as defined | 31400 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 31401 |
| those customers of the company that do not purchase that service | 31402 |
| from the natural gas company. | 31403 |
| (B) | 31404 |
| of October in each year, the office of consumers' counsel shall | 31405 |
| notify each public utility of the sum assessed against it, | 31406 |
| whereupon payment shall be made to the counsel, who shall deposit | 31407 |
| it into the state treasury to the credit of the consumers' counsel | 31408 |
| operating fund, which is hereby created. Beginning in calendar | 31409 |
| year 2006, on or before the fifteenth day of May in each year, the | 31410 |
| consumers' counsel shall notify each public utility that had a sum | 31411 |
| assessed against it for the current fiscal year of more than one | 31412 |
| thousand dollars that fifty per cent of that amount shall be paid | 31413 |
| to the consumers' counsel by the twentieth day of June of that | 31414 |
| year as an initial payment of the assessment against the company | 31415 |
| for the next fiscal year. On or before the first day of October in | 31416 |
| each year, the consumers' counsel shall make a final determination | 31417 |
| of the sum of the assessment against each public utility and shall | 31418 |
| notify each public utility of the sum assessed against it. The | 31419 |
| consumers' counsel shall deduct from the assessment for each | 31420 |
| public utility any initial payment received. Payment of the | 31421 |
| assessment shall be made to the consumers' counsel by the first | 31422 |
| day of November of that year. The consumers' counsel shall deposit | 31423 |
| the payments received into the state treasury to the credit of the | 31424 |
| consumers' counsel operating fund. Any such amounts paid into the | 31425 |
| fund but not expended by the office shall be credited ratably by | 31426 |
| the office to the public utilities that pay more than the minimum | 31427 |
| assessment, according to the respective portions of such sum | 31428 |
| assessable against them
for
the ensuing | 31429 |
| after first deducting any deficits accumulated from prior years. | 31430 |
| The assessments for such | 31431 |
| correspondingly. | 31432 |
| (C) Within five days after the beginning of each fiscal year | 31433 |
| through fiscal year 2006, the director of budget and management | 31434 |
| shall transfer from the general revenue fund to the consumers' | 31435 |
| counsel operating fund an amount sufficient for maintaining and | 31436 |
| administering the office of the consumers' counsel and exercising | 31437 |
| the powers of the consumers' counsel under this chapter during the | 31438 |
| first four months of the fiscal year. Not later than the | 31439 |
| thirty-first day of December of the fiscal year, the same amount | 31440 |
| shall be transferred back to the general revenue fund from the | 31441 |
| consumers' counsel operating fund. | 31442 |
| (D) As used in this section, "public utility" includes: | 31443 |
| (1) In addition to an electric utility as defined in section | 31444 |
| 4928.01 of the Revised Code, an electric services company, an | 31445 |
| electric cooperative, or a governmental aggregator subject to | 31446 |
| certification under section 4928.08 of the Revised Code, to the | 31447 |
| extent of the company's, cooperative's, or aggregator's engagement | 31448 |
| in the business of supplying or arranging for the supply in this | 31449 |
| state of any retail electric service for which it must be so | 31450 |
| certified; | 31451 |
| (2) In addition to a natural gas company as defined in | 31452 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 31453 |
| or governmental aggregator subject to certification under section | 31454 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 31455 |
| aggregator's engagement in the business of supplying or arranging | 31456 |
| for the supply in this state of any competitive retail natural gas | 31457 |
| service for which it must be certified. | 31458 |
| Sec. 4973.171. (A) As used in this section, "felony" has the | 31459 |
| same meaning as in section 109.511 of the Revised Code. | 31460 |
| (B)(1) The | 31461 |
| commission a person as a police officer for a railroad company | 31462 |
| under division (B) of section 4973.17 of the Revised Code and | 31463 |
| shall not appoint or commission a person as a police officer for a | 31464 |
| hospital under division (D) of section 4973.17 of the Revised Code | 31465 |
| on a permanent basis, on a temporary basis, for a probationary | 31466 |
| term, or on other than a permanent basis if the person previously | 31467 |
| has been convicted of or has pleaded guilty to a felony. | 31468 |
| (2)(a) The | 31469 |
| appointment or commission of a person appointed or commissioned as | 31470 |
| a police officer for a railroad company or as a police officer for | 31471 |
| a hospital under division (B) or (D) of section 4973.17 of the | 31472 |
| Revised Code if that person does either of the following: | 31473 |
| (i) Pleads guilty to a felony; | 31474 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 31475 |
| plea agreement as provided in division (D) of section 2929.43 of | 31476 |
| the Revised Code in which the person agrees to surrender the | 31477 |
| certificate awarded to that person under section 109.77 of the | 31478 |
| Revised Code. | 31479 |
| (b) The | 31480 |
| appointment or commission of a person appointed or commissioned as | 31481 |
| a police officer for a railroad company or as a police officer for | 31482 |
| a hospital under division (B) or (D) of section 4973.17 of the | 31483 |
| Revised Code if that person is convicted, after trial, of a | 31484 |
| felony. If the person files an appeal from that conviction and the | 31485 |
| conviction is upheld by the highest court to which the appeal is | 31486 |
| taken or if the person
does not file a timely appeal,
the | 31487 |
| secretary of state shall revoke the appointment or commission of | 31488 |
| that person as a police officer for a railroad company or as a | 31489 |
| police officer for a hospital. If the person files an appeal that | 31490 |
| results in that person's acquittal of the felony or conviction of | 31491 |
| a misdemeanor, or in the dismissal of the felony charge against | 31492 |
| that person, the
| 31493 |
| appointment or commission of that person as a police officer for a | 31494 |
| railroad company or as a police officer for a hospital. A person | 31495 |
| whose appointment or commission is reinstated under division | 31496 |
| (B)(2)(b) of this section shall not receive any back pay unless | 31497 |
| that person's conviction of the felony was reversed on appeal, or | 31498 |
| the felony charge was dismissed, because the court found | 31499 |
| insufficient evidence to convict the person of the felony. | 31500 |
| (3) Division (B) of this section does not apply regarding an | 31501 |
| offense that was committed prior to January 1, 1997. | 31502 |
| (4) The suspension or revocation of the appointment or | 31503 |
| commission of a person as a police officer for a railroad company | 31504 |
| or as a police officer for a hospital under division (B)(2) of | 31505 |
| this section shall be in accordance with Chapter 119. of the | 31506 |
| Revised Code. | 31507 |
| Sec. 5101.07. There is hereby created in the state treasury | 31508 |
| the support services federal operating fund. The fund shall | 31509 |
| consist of federal funds the department of job and family services | 31510 |
| receives and that the director of job and family services | 31511 |
| determines are appropriate for deposit into the fund. Money in the | 31512 |
| fund shall be used to pay the federal share of both of the | 31513 |
| following: | 31514 |
| (A) The department's costs for computer projects; | 31515 |
| (B) The operating costs of the parts of the department that | 31516 |
| provide general support services for the department's work units | 31517 |
| established under section 5101.06 of the Revised Code. | 31518 |
| Sec. 5101.071. There is hereby created in the state treasury | 31519 |
| the support services state operating fund. The fund shall consist | 31520 |
| of payments made to the fund from other appropriation items by | 31521 |
| intrastate transfer voucher. Money in the fund shall be used to | 31522 |
| pay for both of the following: | 31523 |
| (A) The department of job and family services' costs for | 31524 |
| computer projects; | 31525 |
| (B) The operating costs of the parts of the department that | 31526 |
| provide general support services for the department's work units | 31527 |
| established under section 5101.06 of the Revised Code. | 31528 |
| Sec. 5101.181. (A) As used in this section and section | 31529 |
| 5101.182 of the Revised Code, "public assistance" includes, in | 31530 |
| addition to Ohio works first, all of the following: | 31531 |
| (1) Prevention, retention, and contingency; | 31532 |
| (2) Medicaid; | 31533 |
| (3) Disability financial assistance; | 31534 |
| (4) Disability medical assistance provided before October 1, | 31535 |
| 2005, under former Chapter 5115. of the Revised Code; | 31536 |
| (5) General assistance provided prior to July 17, 1995, under | 31537 |
| former Chapter 5113. of the Revised Code. | 31538 |
| (B) As part of the procedure for the determination of | 31539 |
| overpayment to a recipient of public assistance under Chapter | 31540 |
| 5107., 5108., 5111., or 5115. of the Revised Code, the director of | 31541 |
| job and family services shall furnish quarterly the name and | 31542 |
| social security number of each individual who receives public | 31543 |
| assistance to the director of administrative services, the | 31544 |
| administrator of the bureau of workers' compensation, and each of | 31545 |
| the state's retirement boards. Within fourteen days after | 31546 |
| receiving the name and social security number of an individual who | 31547 |
| receives public assistance, the director of administrative | 31548 |
| services, administrator, or board shall inform the auditor of | 31549 |
| state as to whether such individual is receiving wages or | 31550 |
| benefits, the amount of any wages or benefits being received, the | 31551 |
| social security number, and the address of the individual. The | 31552 |
| director of administrative services, administrator, boards, and | 31553 |
| any agent or employee of those officials and boards shall comply | 31554 |
| with the rules of the director of job and family services | 31555 |
| restricting the disclosure of information regarding recipients of | 31556 |
| public assistance. Any person who violates this provision shall | 31557 |
| thereafter be disqualified from acting as an agent or employee or | 31558 |
| in any other capacity under appointment or employment of any state | 31559 |
| board, commission, or agency. | 31560 |
| (C) The auditor of state may enter into a reciprocal | 31561 |
| agreement with the director of job and family services or | 31562 |
| comparable officer of any other state for the exchange of names, | 31563 |
| current or most recent addresses, or social security numbers of | 31564 |
| persons receiving public assistance under Title IV-A or under | 31565 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 31566 |
| U.S.C. 301, as amended. | 31567 |
| (D)(1) The auditor of state shall retain, for not less than | 31568 |
| two years, at least one copy of all information received under | 31569 |
| this section and sections 145.27, 742.41, 3307.20, 3309.22, | 31570 |
| 4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor | 31571 |
| shall review the information to determine whether overpayments | 31572 |
| were made to recipients of public assistance under Chapters 5107., | 31573 |
| 5108., 5111., and 5115. of the Revised Code. The auditor of state | 31574 |
| shall initiate action leading to prosecution, where warranted, of | 31575 |
| recipients who received overpayments by forwarding the name of | 31576 |
| each recipient who received overpayment, together with other | 31577 |
| pertinent information, to the director of job and family services | 31578 |
| and the attorney general, to the district director of job and | 31579 |
| family services of the district through which public assistance | 31580 |
| was received, and to the county director of job and family | 31581 |
| services and county prosecutor of the county through which public | 31582 |
| assistance was received. | 31583 |
| (2) The auditor of state and the attorney general or their | 31584 |
| designees may examine any records, whether in computer or printed | 31585 |
| format, in the possession of the director of job and family | 31586 |
| services or any county director of job and family services. They | 31587 |
| shall provide safeguards which restrict access to such records to | 31588 |
| purposes directly connected with an audit or investigation, | 31589 |
| prosecution, or criminal or civil proceeding conducted in | 31590 |
| connection with the administration of the programs and shall | 31591 |
| comply with the rules of the director of job and family services | 31592 |
| restricting the disclosure of information regarding recipients of | 31593 |
| public assistance. Any person who violates this provision shall | 31594 |
| thereafter be disqualified from acting as an agent or employee or | 31595 |
| in any other capacity under appointment or employment of any state | 31596 |
| board, commission, or agency. | 31597 |
| (3) Costs incurred by the auditor of state in carrying out | 31598 |
| the auditor of state's duties under this division shall be borne | 31599 |
| by the auditor of state. | 31600 |
| Sec. 5101.21. (A) As used in this section, "county signer" | 31601 |
| means all of the following: | 31602 |
| (1) A board of county commissioners; | 31603 |
| (2) A county children services board appointed under section | 31604 |
| 5153.03 of the Revised Code if required by division (B) of this | 31605 |
| section to enter into a fiscal agreement; | 31606 |
| (3) A county elected official that is a child support | 31607 |
| enforcement agency if required by division (B) of this section to | 31608 |
| enter into a fiscal agreement. | 31609 |
| (B) The director of job and family services may enter into | 31610 |
| one or more written fiscal agreements with boards of county | 31611 |
| commissioners under which financial assistance is awarded for | 31612 |
| family services duties included in the agreements. Boards of | 31613 |
| county commissioners shall select which family services duties to | 31614 |
| include in a fiscal agreement. If a board of county commissioners | 31615 |
| elects to include family services duties of a public children | 31616 |
| services agency and a county children services board appointed | 31617 |
| under section 5153.03 of the Revised Code serves as the county's | 31618 |
| public children services agency, the board of county commissioners | 31619 |
| and county children services board shall jointly enter into the | 31620 |
| fiscal agreement with the director. If a board of county | 31621 |
| commissioners elects to include family services duties of a child | 31622 |
| support enforcement agency and the entity designated under former | 31623 |
| section 2301.35 of the Revised Code prior to October 1, 1997, or | 31624 |
| designated under section 307.981 of the Revised Code as the | 31625 |
| county's child support enforcement agency is an elected official | 31626 |
| of the county, the board of county commissioners and county | 31627 |
| elected official shall jointly enter into the fiscal agreement | 31628 |
| with the director. A fiscal agreement shall do all of the | 31629 |
| following: | 31630 |
| (1) Specify the family services duties included in the | 31631 |
| agreement and the private and government entities designated under | 31632 |
| section 307.981 of the Revised Code to serve as the county family | 31633 |
| services agencies performing the family services duties; | 31634 |
| (2) Provide for the department of job and family services to | 31635 |
| award financial assistance for the family services duties included | 31636 |
| in the agreement in accordance with a methodology for determining | 31637 |
| the amount of the award established by rules adopted under | 31638 |
| division (D) of this section; | 31639 |
| (3) Specify the form of the award of financial assistance | 31640 |
| which may be an allocation, cash draw, reimbursement, property, | 31641 |
| or, to the extent authorized by an appropriation made by the | 31642 |
| general assembly and to the extent practicable and not in conflict | 31643 |
| with a federal or state law, a consolidated funding allocation for | 31644 |
| two or more family services duties included in the agreement; | 31645 |
| (4) Provide that the award of financial assistance is subject | 31646 |
| to the availability of federal funds and appropriations made by | 31647 |
| the general assembly; | 31648 |
| (5) Specify annual financial, administrative, or other | 31649 |
| incentive awards, if any, to be provided in accordance with | 31650 |
| section 5101.23 of the Revised Code; | 31651 |
| (6) Include the assurance of each county signer that the | 31652 |
| county signer will do all of the following: | 31653 |
| (a) Ensure that the financial assistance awarded under the | 31654 |
| agreement is used, and the family services duties included in the | 31655 |
| agreement are performed, in accordance with requirements for the | 31656 |
| duties established by the department, a federal or state law, or | 31657 |
| any of the following that concern the family services duties | 31658 |
| included in the fiscal agreement and are published under section | 31659 |
| 5101.212 of the Revised Code: state plans for receipt of federal | 31660 |
| financial participation, grant agreements between the department | 31661 |
| and a federal agency, and executive orders issued by the governor; | 31662 |
| (b) Ensure that the board and county family services agencies | 31663 |
| utilize a financial management system and other accountability | 31664 |
| mechanisms for the financial assistance awarded under the | 31665 |
| agreement that meet requirements the department establishes; | 31666 |
| (c) Require the county family services agencies to do both of | 31667 |
| the following: | 31668 |
| (i) Monitor all private and government entities that receive | 31669 |
| a payment from financial assistance awarded under the agreement to | 31670 |
| ensure that each entity uses the payment in accordance with | 31671 |
| requirements for the family services duties included in the | 31672 |
| agreement; | 31673 |
| (ii) Take action to recover payments that are not used in | 31674 |
| accordance with the requirements for the family services duties | 31675 |
| included in the agreement. | 31676 |
| (d) Require county family services agencies to promptly | 31677 |
| reimburse the department the amount that represents the amount an | 31678 |
| agency is responsible for, pursuant to action the department takes | 31679 |
| under division (C) of section 5101.24 of the Revised Code, of | 31680 |
| funds the department pays to any entity because of an adverse | 31681 |
| audit finding, adverse quality control finding, final disallowance | 31682 |
| of federal financial participation, or other sanction or penalty; | 31683 |
| (e) Require county family services agencies to take prompt | 31684 |
| corrective action, including paying amounts resulting from an | 31685 |
| adverse finding, sanction, or penalty, if the department, auditor | 31686 |
| of state, federal agency, or other entity authorized by federal or | 31687 |
| state law to determine compliance with requirements for a family | 31688 |
| services duty included in the agreement determines compliance has | 31689 |
| not been achieved | 31690 |
| | 31691 |
| 31692 | |
| 31693 | |
| 31694 | |
| 31695 |
| (7) Provide for the department taking action pursuant to | 31696 |
| division (C) of section 5101.24 of the Revised Code if authorized | 31697 |
| by division (B)(1), (2), (3), or (4) of that section; | 31698 |
| (8) Provide for timely audits required by federal and state | 31699 |
| law and require prompt release of audit findings and prompt action | 31700 |
| to correct problems identified in an audit; | 31701 |
| (9) Comply with all of the requirements for the family | 31702 |
| services duties that are included in the agreement and have been | 31703 |
| established by the department, federal or state law, or any of the | 31704 |
| following that concern the family services duties included in the | 31705 |
| fiscal agreement and are published under section 5101.212 of the | 31706 |
| Revised Code: state plans for receipt of federal financial | 31707 |
| participation, grant agreements between the department and a | 31708 |
| federal agency, and executive orders issued by the governor; | 31709 |
| (10) Provide for dispute resolution procedures in accordance | 31710 |
| with section 5101.24 of the Revised Code; | 31711 |
| (11) Establish the method of amending or terminating the | 31712 |
| agreement and an expedited process for correcting terms or | 31713 |
| conditions of the agreement that the director and each county | 31714 |
| signer agree are erroneous; | 31715 |
| (12) Except as provided in rules adopted under division (D) | 31716 |
| of this section, begin on the first day of July of an odd-numbered | 31717 |
| year and end on the last day of June of the next odd-numbered | 31718 |
| year. | 31719 |
| (C) The department shall make payments authorized by a fiscal | 31720 |
| agreement on vouchers it prepares and may include any funds | 31721 |
| appropriated or allocated to it for carrying out family services | 31722 |
| duties included in the agreement, including funds for personal | 31723 |
| services and maintenance. | 31724 |
| (D)(1) The director shall adopt rules in accordance with | 31725 |
| section 111.15 of the Revised Code governing fiscal agreements. | 31726 |
| The director shall adopt the rules as if they were internal | 31727 |
| management rules. Before adopting the rules, the director shall | 31728 |
| give the public an opportunity to review and comment on the | 31729 |
| proposed rules. The rules shall establish methodologies to be used | 31730 |
| to determine the amount of financial assistance to be awarded | 31731 |
| under the agreements. The rules also shall establish terms and | 31732 |
| conditions under which an agreement may be entered into after the | 31733 |
| first day of July of an odd-numbered year. The rules may do any or | 31734 |
| all of the following: | 31735 |
| (a) | 31736 |
| 31737 | |
| 31738 | |
| 31739 | |
| 31740 | |
| 31741 |
| | 31742 |
| | 31743 |
| under the agreements; | 31744 |
| | 31745 |
| requirements the director determines are necessary to provide | 31746 |
| accountability for the use of financial assistance awarded under | 31747 |
| the agreements and determine compliance with requirements | 31748 |
| established by the department, a federal or state law, or any of | 31749 |
| the following that concern the family services duties included in | 31750 |
| the agreements and are published under section 5101.212 of the | 31751 |
| Revised Code: state plans for receipt of federal financial | 31752 |
| participation, grant agreements between the department and a | 31753 |
| federal entity, and executive orders issued by the governor. | 31754 |
| (2) A requirement of a fiscal agreement established by a rule | 31755 |
| adopted under this division is applicable to a fiscal agreement | 31756 |
| without having to be restated in the fiscal agreement. | 31757 |
| Sec. 5101.24. (A) As used in this section, "responsible | 31758 |
| entity" means a board of county commissioners or a county family | 31759 |
| services agency, whichever the director of job and family services | 31760 |
| determines is appropriate to take action against under division | 31761 |
| (C) of this section. | 31762 |
| (B) Regardless of whether a family services duty is performed | 31763 |
| by a county family services agency, private or government entity | 31764 |
| pursuant to a contract entered into under section 307.982 of the | 31765 |
| Revised Code or division (C)(2) of section 5153.16 of the Revised | 31766 |
| Code, or private or government provider of a family service duty, | 31767 |
| the department of job and family services may take action under | 31768 |
| division (C) of this section against the responsible entity if the | 31769 |
| department determines any of the following are the case: | 31770 |
| (1) A requirement of a fiscal agreement entered into under | 31771 |
| section 5101.21 of the Revised Code that includes the family | 31772 |
| services duty, including a requirement for fiscal agreements | 31773 |
| established by rules adopted under that section, is not complied | 31774 |
| with; | 31775 |
| (2) A county family services agency fails to develop, submit | 31776 |
| to the department, or comply with a corrective action plan under | 31777 |
| division (B) of section 5101.221 of the Revised Code, or the | 31778 |
| department disapproves the agency's corrective action plan | 31779 |
| developed under division (B) of section 5101.221 of the Revised | 31780 |
| Code; | 31781 |
| (3) A requirement for the family services duty established by | 31782 |
| the department or any of the following is not complied with: a | 31783 |
| federal or state law, state plan for receipt of federal financial | 31784 |
| participation, grant agreement between the department and a | 31785 |
| federal agency, or executive order issued by the governor; | 31786 |
| (4) The responsible entity is solely or partially | 31787 |
| responsible, as determined by the director of job and family | 31788 |
| services, for an adverse audit finding, adverse quality control | 31789 |
| finding, final disallowance of federal financial participation, or | 31790 |
| other sanction or penalty regarding the family services duty. | 31791 |
| (C) The department may take one or more of the following | 31792 |
| actions against the responsible entity when authorized by division | 31793 |
| (B)(1), (2), (3), or (4) of this section: | 31794 |
| (1) Require the responsible entity to comply with a | 31795 |
| corrective action plan pursuant to a time schedule specified by | 31796 |
| the department. The corrective action plan shall be established or | 31797 |
| approved by the department and shall not require a county family | 31798 |
| services agency to commit resources to the plan. | 31799 |
| (2) Require the responsible entity to comply with a | 31800 |
| corrective action plan pursuant to a time schedule specified by | 31801 |
| the department. The corrective action plan shall be established or | 31802 |
| approved by the department and require a county family services | 31803 |
| agency to commit to the plan existing resources identified by the | 31804 |
| agency. | 31805 |
| (3) Require the responsible entity to do one of the | 31806 |
| following: | 31807 |
| (a) Share with the department a final disallowance of federal | 31808 |
| financial participation or other sanction or penalty; | 31809 |
| (b) Reimburse the department the final amount the department | 31810 |
| pays to the federal government or another entity that represents | 31811 |
| the amount the responsible entity is responsible for of an adverse | 31812 |
| audit finding, adverse quality control finding, final disallowance | 31813 |
| of federal financial participation, or other sanction or penalty | 31814 |
| issued by the federal government, auditor of state, or other | 31815 |
| entity; | 31816 |
| (c) Pay the federal government or another entity the final | 31817 |
| amount that represents the amount the responsible entity is | 31818 |
| responsible for of an adverse audit finding, adverse quality | 31819 |
| control finding, final disallowance of federal financial | 31820 |
| participation, or other sanction or penalty issued by the federal | 31821 |
| government, auditor of state, or other entity; | 31822 |
| (d) Pay the department the final amount that represents the | 31823 |
| amount the responsible entity is responsible for of an adverse | 31824 |
| audit finding or adverse quality control finding; | 31825 |
| (e) Increase the county's share of public assistance | 31826 |
| expenditures under section 5101.16 of the Revised Code by an | 31827 |
| amount equaling the amount of a reduction the responsible entity | 31828 |
| is responsible for in federal financial participation or in a | 31829 |
| federal grant or payment. | 31830 |
| (4) Impose an administrative sanction issued by the | 31831 |
| department against the responsible entity. A sanction may be | 31832 |
| increased if the department has previously taken action against | 31833 |
| the responsible entity under this division. | 31834 |
| (5) Perform, or contract with a government or private entity | 31835 |
| for the entity to perform, the family services duty until the | 31836 |
| department is satisfied that the responsible entity ensures that | 31837 |
| the duty will be performed satisfactorily. If the department | 31838 |
| performs or contracts with an entity to perform a family services | 31839 |
| duty under division (C)(5) of this section, the department may do | 31840 |
| either or both of the following: | 31841 |
| (a) Spend funds in the county treasury appropriated by the | 31842 |
| board of county commissioners for the duty; | 31843 |
| (b) Withhold funds allocated or reimbursements due to the | 31844 |
| responsible entity for the duty and spend the funds for the duty. | 31845 |
| (6) Request that the attorney general bring mandamus | 31846 |
| proceedings to compel the responsible entity to take or cease the | 31847 |
| action that causes division (B)(1), (2), (3), or (4) of this | 31848 |
| section to apply. The attorney general shall bring mandamus | 31849 |
| proceedings in the Franklin county court of appeals at the | 31850 |
| department's request. | 31851 |
| (7) If the department takes action under this division | 31852 |
| because of division (B)(3) of this section, temporarily withhold | 31853 |
| funds allocated or reimbursement due to the responsible entity | 31854 |
| until the department determines that the responsible entity is in | 31855 |
| compliance with the requirement. The department shall release the | 31856 |
| funds when the department determines that compliance has been | 31857 |
| achieved. | 31858 |
| (D) If the department proposes to take action against the | 31859 |
| responsible entity under division (C) of this section, the | 31860 |
| department shall notify the responsible entity and county auditor. | 31861 |
| The notice shall be in writing and specify the action the | 31862 |
| department proposes to take. The department shall send the notice | 31863 |
| by regular United States mail. | 31864 |
| Except as provided by division (E) of this section, the | 31865 |
| responsible entity may request an administrative review of a | 31866 |
| proposed action in accordance with administrative review | 31867 |
| procedures the department shall establish. The administrative | 31868 |
| review procedures shall comply with all of the following: | 31869 |
| (1) A request for an administrative review shall state | 31870 |
| specifically all of the following: | 31871 |
| (a) The proposed action specified in the notice from the | 31872 |
| department for which the review is requested; | 31873 |
| (b) The reason why the responsible entity believes the | 31874 |
| proposed action is inappropriate; | 31875 |
| (c) All facts and legal arguments that the responsible entity | 31876 |
| wants the department to consider; | 31877 |
| (d) The name of the person who will serve as the responsible | 31878 |
| entity's representative in the review. | 31879 |
| (2) If the department's notice specifies more than one | 31880 |
| proposed action and the responsible entity does not specify all of | 31881 |
| the proposed actions in its request pursuant to division (D)(1)(a) | 31882 |
| of this section, the proposed actions not specified in the request | 31883 |
| shall not be subject to administrative review and the parts of the | 31884 |
| notice regarding those proposed actions shall be final and binding | 31885 |
| on the responsible entity. | 31886 |
| (3) In the case of a proposed action under division (C)(1) of | 31887 |
| this section, the responsible entity shall have fifteen calendar | 31888 |
| days after the department mails the notice to the responsible | 31889 |
| entity to send a written request to the department for an | 31890 |
| administrative review. If it receives such a request within the | 31891 |
| required time, the department shall postpone taking action under | 31892 |
| division (C)(1) of this section for fifteen calendar days | 31893 |
| following the day it receives the request or extended period of | 31894 |
| time provided for in division (D)(5) of this section to allow a | 31895 |
| representative of the department and a representative of the | 31896 |
| responsible entity an informal opportunity to resolve any dispute | 31897 |
| during that fifteen-day or extended period. | 31898 |
| (4) In the case of a proposed action under division (C)(2), | 31899 |
| (3), (4), (5), or (7) of this section, the responsible entity | 31900 |
| shall have thirty calendar days after the department mails the | 31901 |
| notice to the responsible entity to send a written request to the | 31902 |
| department for an administrative review. If it receives such a | 31903 |
| request within the required time, the department shall postpone | 31904 |
| taking action under division (C)(2), (3), (4), (5), or (7) of this | 31905 |
| section for thirty calendar days following the day it receives the | 31906 |
| request or extended period of time provided for in division (D)(5) | 31907 |
| of this section to allow a representative of the department and a | 31908 |
| representative of the responsible entity an informal opportunity | 31909 |
| to resolve any dispute during that thirty-day or extended period. | 31910 |
| (5) If the informal opportunity provided in division (D)(3) | 31911 |
| or (4) of this section does not result in a written resolution to | 31912 |
| the dispute within the fifteen- or thirty-day period, the director | 31913 |
| of job and family services and representative of the responsible | 31914 |
| entity may enter into a written agreement extending the time | 31915 |
| period for attempting an informal resolution of the dispute under | 31916 |
| division (D)(3) or (4) of this section. | 31917 |
| (6) In the case of a proposed action under division (C)(3) of | 31918 |
| this section, the responsible entity may not include in its | 31919 |
| request disputes over a finding, final disallowance of federal | 31920 |
| financial participation, or other sanction or penalty issued by | 31921 |
| the federal government, auditor of state, or entity other than the | 31922 |
| department. | 31923 |
| (7) If the responsible entity fails to request an | 31924 |
| administrative review within the required time, the responsible | 31925 |
| entity loses the right to request an administrative review of the | 31926 |
| proposed actions specified in the notice and the notice becomes | 31927 |
| final and binding on the responsible entity. | 31928 |
| (8) If the informal opportunity provided in division (D)(3) | 31929 |
| or (4) of this section does not result in a written resolution to | 31930 |
| the dispute within the time provided by division (D)(3), (4), or | 31931 |
| (5) of this section, the director shall appoint an administrative | 31932 |
| review panel to conduct the administrative review. The review | 31933 |
| panel shall consist of department employees and one director or | 31934 |
| other representative of the type of county family services agency | 31935 |
| that is responsible for the kind of family services duty that is | 31936 |
| the subject of the dispute and serves a different county than the | 31937 |
| county served by the responsible entity. No individual involved in | 31938 |
| the department's proposal to take action against the responsible | 31939 |
| entity may serve on the review panel. The review panel shall | 31940 |
| review the responsible entity's request. The review panel may | 31941 |
| require that the department or responsible entity submit | 31942 |
| additional information and schedule and conduct an informal | 31943 |
| hearing to obtain testimony or additional evidence. A review of a | 31944 |
| proposal to take action under division (C)(3) of this section | 31945 |
| shall be limited solely to the issue of the amount the responsible | 31946 |
| entity shall share with the department, reimburse the department, | 31947 |
| or pay to the federal government, department, or other entity | 31948 |
| under division (C)(3) of this section. The review panel is not | 31949 |
| required to make a stenographic record of its hearing or other | 31950 |
| proceedings. | 31951 |
| (9) After finishing an administrative review, an | 31952 |
| administrative review panel appointed under division (D)(8) of | 31953 |
| this section shall submit a written report to the director setting | 31954 |
| forth its findings of fact, conclusions of law, and | 31955 |
| recommendations for action. The director may approve, modify, or | 31956 |
| disapprove the recommendations. If the director modifies or | 31957 |
| disapproves the recommendations, the director shall state the | 31958 |
| reasons for the modification or disapproval and the actions to be | 31959 |
| taken against the responsible entity. | 31960 |
| (10) The director's approval, modification, or disapproval | 31961 |
| under division (D)(9) of this section shall be final and binding | 31962 |
| on the responsible entity and shall not be subject to further | 31963 |
| departmental review. | 31964 |
| (E) The responsible entity is not entitled to an | 31965 |
| administrative review under division (D) of this section for any | 31966 |
| of the following: | 31967 |
| (1) An action taken under division (C)(6) of this section; | 31968 |
| (2) An action taken under section 5101.242 of the Revised | 31969 |
| Code; | 31970 |
| (3) An action taken under division (C)(3) of this section if | 31971 |
| the federal government, auditor of state, or entity other than the | 31972 |
| department has identified the county family services agency as | 31973 |
| being solely or partially responsible for an adverse audit | 31974 |
| finding, adverse quality control finding, final disallowance of | 31975 |
| federal financial participation, or other sanction or penalty; | 31976 |
| (4) An adjustment to an allocation, cash draw, advance, or | 31977 |
| reimbursement to a county family services agency that the | 31978 |
| department determines necessary for budgetary reasons; | 31979 |
| (5) Withholding of a cash draw or reimbursement due to | 31980 |
| noncompliance with a reporting requirement established in rules | 31981 |
| adopted under section 5101.243 of the Revised Code. | 31982 |
| (F) This section does not apply to other actions the | 31983 |
| department takes against the responsible entity pursuant to | 31984 |
| authority granted by another state law unless the other state law | 31985 |
| requires the department to take the action in accordance with this | 31986 |
| section. | 31987 |
| (G) The director of job and family services may adopt rules | 31988 |
| in accordance with Chapter 119. of the Revised Code as necessary | 31989 |
| to implement this section. | 31990 |
| Sec. 5101.241. (A) As used in this section: | 31991 |
| (1) "Local area" and "chief elected official" have the same | 31992 |
| meaning as in section 5101.20 of the Revised Code. | 31993 |
| (2) "Responsible entity" means the chief elected officials of | 31994 |
| a local area. | 31995 |
| (B) The department of job and family services may take action | 31996 |
| under division (C) of this section against the responsible entity, | 31997 |
| regardless of who performs the workforce development activity, if | 31998 |
| the department determines any of the following are the case: | 31999 |
| (1) A requirement of a grant agreement entered into under | 32000 |
| section 5101.20 of the Revised Code that includes the workforce | 32001 |
| development activity, including a requirement for grant agreements | 32002 |
| established by rules adopted under that section, is not complied | 32003 |
| with; | 32004 |
| (2) A performance standard for the workforce development | 32005 |
| activity established by the federal government or the department | 32006 |
| is not met; | 32007 |
| (3) A requirement for the workforce development activity | 32008 |
| established by the department or any of the following is not | 32009 |
| complied with: a federal or state law, state plan for receipt of | 32010 |
| federal financial participation, grant agreement between the | 32011 |
| department and a federal agency, or executive order; | 32012 |
| (4) The responsible entity is solely or partially | 32013 |
| responsible, as determined by the director of job and family | 32014 |
| services, for an adverse audit finding, adverse quality control | 32015 |
| finding, final disallowance of federal financial participation, or | 32016 |
| other sanction or penalty regarding the workforce development | 32017 |
| activity. | 32018 |
| (C) The department may take one or more of the following | 32019 |
| actions against the responsible entity when authorized by division | 32020 |
| (B)(1), (2), (3), or (4) of this section: | 32021 |
| (1) Require the responsible entity to submit to and comply | 32022 |
| with a corrective action plan, established or approved by the | 32023 |
| department, pursuant to a time schedule specified by the | 32024 |
| department; | 32025 |
| (2) Require the responsible entity to do one of the | 32026 |
| following: | 32027 |
| (a) Share with the department a final disallowance of federal | 32028 |
| financial participation or other sanction or penalty; | 32029 |
| (b) Reimburse the department the amount the department pays | 32030 |
| to the federal government or another entity that represents the | 32031 |
| amount the responsible entity is responsible for of an adverse | 32032 |
| audit finding, adverse quality control finding, final disallowance | 32033 |
| of federal financial participation, or other sanction or penalty | 32034 |
| issued by the federal government, auditor of state, or other | 32035 |
| entity; | 32036 |
| (c) Pay the federal government or another entity the amount | 32037 |
| that represents the amount the responsible entity is responsible | 32038 |
| for of an adverse audit finding, adverse quality control finding, | 32039 |
| final disallowance of federal financial participation, or other | 32040 |
| sanction or penalty issued by the federal government, auditor of | 32041 |
| state, or other entity; | 32042 |
| (d) Pay the department the amount that represents the amount | 32043 |
| the responsible entity is responsible for of an adverse audit | 32044 |
| finding, adverse quality control finding, or other sanction or | 32045 |
| penalty issued by the department. | 32046 |
| (3) Impose a financial or administrative sanction or adverse | 32047 |
| audit finding issued by the department against the responsible | 32048 |
| entity, which may be increased with each subsequent action taken | 32049 |
| against the responsible entity | 32050 |
| (4) Perform or contract with a government or private entity | 32051 |
| for the entity to perform the workforce development activity until | 32052 |
| the department is satisfied that the responsible entity ensures | 32053 |
| that the activity will be performed to the department's | 32054 |
| satisfaction. If the department performs or contracts with an | 32055 |
| entity to perform the workforce development activity under | 32056 |
| division (C)(4) of this section, the department may withhold funds | 32057 |
| allocated to or reimbursements due to the responsible entity for | 32058 |
| the activity and use those funds to implement division (C)(4) of | 32059 |
| this section. | 32060 |
| (5) Request the attorney general to bring mandamus | 32061 |
| proceedings to compel the responsible entity to take or cease the | 32062 |
| actions listed in division (B) of this section. The attorney | 32063 |
| general shall bring any mandamus proceedings in the Franklin | 32064 |
| county court of appeals at the department's request. | 32065 |
| (6) If the department takes action under this division | 32066 |
| because of division (B)(3) of this section, withhold funds | 32067 |
| allocated or reimbursement due to the responsible entity until the | 32068 |
| department determines that the responsible entity is in compliance | 32069 |
| with the requirement. The department shall release the funds when | 32070 |
| the department determines that compliance has been achieved. | 32071 |
| (7) Issue a notice of intent to revoke approval of all or | 32072 |
| part of the local plan effected and effectuate the revocation; | 32073 |
| (8) Impose a reorganization plan that may include | 32074 |
| decertifying the local board involved, prohibiting the use of | 32075 |
| eligible providers, selecting an alternative entity to administer | 32076 |
| the program for the local area involved, merging the local area | 32077 |
| into one or more other local areas, or making other changes that | 32078 |
| the director of job and family services determines are necessary | 32079 |
| to secure compliance. | 32080 |
| (D) The department shall notify the responsible entity and | 32081 |
| the appropriate county auditor when the department proposes to | 32082 |
| take action under division (C) of this section. The notice shall | 32083 |
| be in writing and specify the action the department proposes to | 32084 |
| take. The department shall send the notice by regular United | 32085 |
| States mail. Except as provided in division (E) of this section, | 32086 |
| the responsible entity may request an administrative review of a | 32087 |
| proposed action in accordance with administrative review | 32088 |
| procedures the department shall establish. The administrative | 32089 |
| review procedures shall comply with all of the following: | 32090 |
| (1) A request for an administrative review shall state | 32091 |
| specifically all of the following: | 32092 |
| (a) The proposed action specified in the notice from the | 32093 |
| department for which the review is requested; | 32094 |
| (b) The reason why the responsible entity believes the | 32095 |
| proposed action is inappropriate; | 32096 |
| (c) All facts and legal arguments that the responsible entity | 32097 |
| wants the department to consider; | 32098 |
| (d) The name of the person who will serve as the responsible | 32099 |
| entity's representative in the review. | 32100 |
| (2) If the department's notice specifies more than one | 32101 |
| proposed action and the responsible entity does not specify all of | 32102 |
| the proposed actions in its request pursuant to division (D)(1)(a) | 32103 |
| of this section, the proposed actions not specified in the request | 32104 |
| shall not be subject to administrative review and the parts of the | 32105 |
| notice regarding those proposed actions shall be final and binding | 32106 |
| on the responsible entity. | 32107 |
| (3) | 32108 |
| 32109 | |
| calendar days after the department mails the notice to the | 32110 |
| responsible entity to send a written request to the department for | 32111 |
| an administrative review. | 32112 |
| 32113 | |
| 32114 | |
| 32115 | |
| 32116 | |
| 32117 | |
| 32118 |
| (4) | 32119 |
| 32120 | |
| 32121 | |
| 32122 | |
| 32123 | |
| 32124 | |
| 32125 | |
| 32126 | |
| 32127 | |
| 32128 | |
| 32129 |
| | 32130 |
| this section, the responsible entity may not include in its | 32131 |
| request disputes over a finding, final disallowance of federal | 32132 |
| financial participation, or other sanction or penalty issued by | 32133 |
| the federal government, auditor of state, or other entity other | 32134 |
| than the department. | 32135 |
| | 32136 |
| administrative review within the required time, the responsible | 32137 |
| entity loses the right to request an administrative review of the | 32138 |
| proposed actions specified in the notice and the notice becomes | 32139 |
| final and binding on the responsible entity. | 32140 |
| | 32141 |
| 32142 | |
| 32143 | |
| appoint an administrative review panel to conduct the | 32144 |
| administrative review. The review panel shall consist of | 32145 |
| department employees who are not involved in the department's | 32146 |
| proposal to take action against the responsible entity. The review | 32147 |
| panel shall review the responsible entity's request. The review | 32148 |
| panel may require that the department or responsible entity submit | 32149 |
| additional information and schedule and conduct an informal | 32150 |
| hearing to obtain testimony or additional evidence. A review of a | 32151 |
| proposal to take action under division (C)(2) of this section | 32152 |
| shall be limited solely to the issue of the amount the responsible | 32153 |
| entity shall share with the department, reimburse the department, | 32154 |
| or pay to the federal government, department, or other entity | 32155 |
| under division (C)(2) of this section. The review panel is not | 32156 |
| required to make a stenographic record of its hearing or other | 32157 |
| proceedings. | 32158 |
| | 32159 |
| administrative review panel appointed under division (D) | 32160 |
| this section shall submit a written report to the director setting | 32161 |
| forth its findings of fact, conclusions of law, and | 32162 |
| recommendations for action. The director may approve, modify, or | 32163 |
| disapprove the recommendations. | 32164 |
| 32165 | |
| 32166 | |
| 32167 |
| | 32168 |
| under division (D) | 32169 |
| binding on the responsible entity and shall not be subject to | 32170 |
| further | 32171 |
| (E) The responsible entity is not entitled to an | 32172 |
| administrative review under division (D) of this section for any | 32173 |
| of the following: | 32174 |
| (1) An action taken under division (C)(5) or (6) of this | 32175 |
| section; | 32176 |
| (2) An action taken under section 5101.242 of the Revised | 32177 |
| Code; | 32178 |
| (3) An action taken under division (C)(2) of this section if | 32179 |
| the federal government, auditor of state, or entity other than the | 32180 |
| department has identified the responsible entity as being solely | 32181 |
| or partially responsible for an adverse audit finding, adverse | 32182 |
| quality control finding, final disallowance of federal financial | 32183 |
| participation, or other sanction or penalty; | 32184 |
| (4) An adjustment to an allocation, cash draw, advance, or | 32185 |
| reimbursement to the responsible entity's local area that the | 32186 |
| department determines necessary for budgetary reasons; | 32187 |
| (5) Withholding of a cash draw or reimbursement due to | 32188 |
| noncompliance with a reporting requirement established in rules | 32189 |
| adopted under section 5101.243 of the Revised Code. | 32190 |
| (F) This section does not apply to other actions the | 32191 |
| department takes against the responsible entity pursuant to | 32192 |
| authority granted by another state law unless the other state law | 32193 |
| requires the department to take the action in accordance with this | 32194 |
| section. | 32195 |
| (G) The director of job and family services may adopt rules | 32196 |
| in accordance with Chapter 119. of the Revised Code as necessary | 32197 |
| to implement this section. | 32198 |
| Sec. 5101.26. As used in this section and in sections | 32199 |
| 5101.27 to 5101.30 of the Revised Code: | 32200 |
| (A) "County agency" means a county department of job and | 32201 |
| family services or a public children services agency. | 32202 |
| (B) "Fugitive felon" means an individual who is fleeing to | 32203 |
| avoid prosecution, or custody or confinement after conviction, | 32204 |
| under the laws of the place from which the individual is fleeing, | 32205 |
| for a crime or an attempt to commit a crime that is a felony under | 32206 |
| the laws of the place from which the individual is fleeing or, in | 32207 |
| the case of New Jersey, a high misdemeanor, regardless of whether | 32208 |
| the individual has departed from the individual's usual place of | 32209 |
| residence. | 32210 |
| (C) "Information" means records as defined in section 149.011 | 32211 |
| of the Revised Code, any other documents in any format, and data | 32212 |
| derived from records and documents that are generated, acquired, | 32213 |
| or maintained by the department of job and family services, a | 32214 |
| county agency, or an entity performing duties on behalf of the | 32215 |
| department or a county agency. | 32216 |
| (D) "Law enforcement agency" means the state highway patrol, | 32217 |
| an agency that employs peace officers as defined in section 109.71 | 32218 |
| of the Revised Code, the adult parole authority, a county | 32219 |
| department of probation, a prosecuting attorney, the attorney | 32220 |
| general, similar agencies of other states, federal law enforcement | 32221 |
| agencies, and postal inspectors. "Law enforcement agency" includes | 32222 |
| the peace officers and other law enforcement officers employed by | 32223 |
| the agency. | 32224 |
| (E) "Medical assistance provided under a public assistance | 32225 |
| program" means medical assistance provided under the programs | 32226 |
| established under sections 5101.49, 5101.50 to 5101.503, and | 32227 |
| 5101.51 to 5101.5110, | 32228 |
| other provision of the Revised Code. | 32229 |
| (F) "Public assistance" means financial assistance, medical | 32230 |
| assistance, or social services provided under a program | 32231 |
| administered by the department of job and family services or a | 32232 |
| county agency pursuant to Chapter 329., 5101., 5104., 5107., | 32233 |
| 5108., 5111., or 5115. of the Revised Code or an executive order | 32234 |
| issued under section 107.17 of the Revised Code. | 32235 |
| (G) "Public assistance recipient" means an applicant for or | 32236 |
| recipient or former recipient of public assistance. | 32237 |
| Sec. 5101.31. Any record, data, pricing information, or other | 32238 |
| information regarding a drug rebate agreement or a supplemental | 32239 |
| drug rebate agreement for the medicaid program established under | 32240 |
| Chapter 5111. of the Revised Code | 32241 |
| 32242 | |
| 32243 | |
| receives from a pharmaceutical manufacturer or creates pursuant to | 32244 |
| negotiation of the agreement is not a public record under section | 32245 |
| 149.43 of the Revised Code and shall be treated by the department | 32246 |
| as confidential information. | 32247 |
| Sec. 5101.35. (A) As used in this section: | 32248 |
| (1) "Agency" means the following entities that administer a | 32249 |
| family services program: | 32250 |
| (a) The department of job and family services; | 32251 |
| (b) A county department of job and family services; | 32252 |
| (c) A public children services agency; | 32253 |
| (d) A private or government entity administering, in whole or | 32254 |
| in part, a family services program for or on behalf of the | 32255 |
| department of job and family services or a county department of | 32256 |
| job and family services or public children services agency. | 32257 |
| (2) "Appellant" means an applicant, participant, former | 32258 |
| participant, recipient, or former recipient of a family services | 32259 |
| program who is entitled by federal or state law to a hearing | 32260 |
| regarding a decision or order of the agency that administers the | 32261 |
| program. | 32262 |
| (3) "Family services program" means assistance provided under | 32263 |
| a Title IV-A program as defined in section 5101.80 of the Revised | 32264 |
| Code or under Chapter 5104., 5111., or 5115. or section 173.35, | 32265 |
| 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the | 32266 |
| Revised Code, other than assistance provided under section 5101.46 | 32267 |
| of the Revised Code by the department of mental health, the | 32268 |
| department of mental retardation and developmental disabilities, a | 32269 |
| board of alcohol, drug addiction, and mental health services, or a | 32270 |
| county board of mental retardation and developmental disabilities. | 32271 |
| (B) Except as provided by division (G) of this section, an | 32272 |
| appellant who appeals under federal or state law a decision or | 32273 |
| order of an agency administering a family services program shall, | 32274 |
| at the appellant's request, be granted a state hearing by the | 32275 |
| department of job and family services. This state hearing shall be | 32276 |
| conducted in accordance with rules adopted under this section. The | 32277 |
| state hearing shall be tape-recorded, but neither the recording | 32278 |
| nor a transcript of the recording shall be part of the official | 32279 |
| record of the proceeding. A state hearing decision is binding upon | 32280 |
| the agency and department, unless it is reversed or modified on | 32281 |
| appeal to the director of job and family services or a court of | 32282 |
| common pleas. | 32283 |
| (C) Except as provided by division (G) of this section, an | 32284 |
| appellant who disagrees with a state hearing decision may make an | 32285 |
| administrative appeal to the director of job and family services | 32286 |
| in accordance with rules adopted under this section. This | 32287 |
| administrative appeal does not require a hearing, but the director | 32288 |
| or the director's designee shall review the state hearing decision | 32289 |
| and previous administrative action and may affirm, modify, remand, | 32290 |
| or reverse the state hearing decision. Any person designated to | 32291 |
| make an administrative appeal decision on behalf of the director | 32292 |
| shall have been admitted to the practice of law in this state. An | 32293 |
| administrative appeal decision is the final decision of the | 32294 |
| department and is binding upon the department and agency, unless | 32295 |
| it is reversed or modified on appeal to the court of common pleas. | 32296 |
| (D) An agency shall comply with a decision issued pursuant to | 32297 |
| division (B) or (C) of this section within the time limits | 32298 |
| established by rules adopted under this section. If a county | 32299 |
| department of job and family services or a public children | 32300 |
| services agency fails to comply within these time limits, the | 32301 |
| department may take action pursuant to section 5101.24 of the | 32302 |
| Revised Code. If another agency fails to comply within the time | 32303 |
| limits, the department may force compliance by withholding funds | 32304 |
| due the agency or imposing another sanction established by rules | 32305 |
| adopted under this section. | 32306 |
| (E) An appellant who disagrees with an administrative appeal | 32307 |
| decision of the director of job and family services or the | 32308 |
| director's designee issued under division (C) of this section may | 32309 |
| appeal from the decision to the court of common pleas pursuant to | 32310 |
| section 119.12 of the Revised Code. The appeal shall be governed | 32311 |
| by section 119.12 of the Revised Code except that: | 32312 |
| (1) The person may appeal to the court of common pleas of the | 32313 |
| county in which the person resides, or to the court of common | 32314 |
| pleas of Franklin county if the person does not reside in this | 32315 |
| state. | 32316 |
| (2) The person may apply to the court for designation as an | 32317 |
| indigent and, if the court grants this application, the appellant | 32318 |
| shall not be required to furnish the costs of the appeal. | 32319 |
| (3) The appellant shall mail the notice of appeal to the | 32320 |
| department of job and family services and file notice of appeal | 32321 |
| with the court within thirty days after the department mails the | 32322 |
| administrative appeal decision to the appellant. For good cause | 32323 |
| shown, the court may extend the time for mailing and filing notice | 32324 |
| of appeal, but such time shall not exceed six months from the date | 32325 |
| the department mails the administrative appeal decision. Filing | 32326 |
| notice of appeal with the court shall be the only act necessary to | 32327 |
| vest jurisdiction in the court. | 32328 |
| (4) The department shall be required to file a transcript of | 32329 |
| the testimony of the state hearing with the court only if the | 32330 |
| court orders the department to file the transcript. The court | 32331 |
| shall make such an order only if it finds that the department and | 32332 |
| the appellant are unable to stipulate to the facts of the case and | 32333 |
| that the transcript is essential to a determination of the appeal. | 32334 |
| The department shall file the transcript not later than thirty | 32335 |
| days after the day such an order is issued. | 32336 |
| (F) The department of job and family services shall adopt | 32337 |
| rules in accordance with Chapter 119. of the Revised Code to | 32338 |
| implement this section, including rules governing the following: | 32339 |
| (1) State hearings under division (B) of this section. The | 32340 |
| rules shall include provisions regarding notice of eligibility | 32341 |
| termination and the opportunity of an appellant appealing a | 32342 |
| decision or order of a county department of job and family | 32343 |
| services to request a county conference with the county department | 32344 |
| before the state hearing is held. | 32345 |
| (2) Administrative appeals under division (C) of this | 32346 |
| section; | 32347 |
| (3) Time limits for complying with a decision issued under | 32348 |
| division (B) or (C) of this section; | 32349 |
| (4) Sanctions that may be applied against an agency under | 32350 |
| division (D) of this section. | 32351 |
| (G) The department of job and family services may adopt rules | 32352 |
| in accordance with Chapter 119. of the Revised Code establishing | 32353 |
| an appeals process for an appellant who appeals a decision or | 32354 |
| order regarding a Title IV-A program identified under division | 32355 |
|
(A) | 32356 |
| Code that is different from the appeals process established by | 32357 |
| this section. The different appeals process may include having a | 32358 |
| state agency that administers the Title IV-A program pursuant to | 32359 |
| an interagency agreement entered into under section 5101.801 of | 32360 |
| the Revised Code administer the appeals process. | 32361 |
| (H) The requirements of Chapter 119. of the Revised Code | 32362 |
| apply to a state hearing or administrative appeal under this | 32363 |
| section only to the extent, if any, specifically provided by rules | 32364 |
| adopted under this section. | 32365 |
| Sec. 5101.36. Any application for public assistance gives a | 32366 |
| right of subrogation to the department of job and family services | 32367 |
| for any workers' compensation benefits payable to a person who is | 32368 |
| subject to a support order, as defined in section 3119.01 of the | 32369 |
| Revised Code, on behalf of the applicant, to the extent of any | 32370 |
| public assistance payments made on the applicant's behalf. If the | 32371 |
| director of job and family services, in consultation with a child | 32372 |
| support enforcement agency and the administrator of the bureau of | 32373 |
| workers' compensation, determines that a person responsible for | 32374 |
| support payments to a recipient of public assistance is receiving | 32375 |
| workers' compensation, the director shall notify the administrator | 32376 |
| of the amount of the benefit to be paid to the department of job | 32377 |
| and family services. | 32378 |
| For purposes of this section, "public assistance" means | 32379 |
| medical assistance provided through the medical assistance program | 32380 |
| established under section 5111.01 of the Revised Code; Ohio works | 32381 |
| first provided under Chapter 5107. of the Revised Code; | 32382 |
| prevention, retention, and contingency benefits and services | 32383 |
| provided under Chapter 5108. of the Revised Code; disability | 32384 |
| financial assistance provided under Chapter 5115. of the Revised | 32385 |
| Code; or disability medical assistance provided under former | 32386 |
| Chapter 5115. of the Revised Code. | 32387 |
| Sec. 5101.46. (A) As used in this section: | 32388 |
| (1) "Title XX" means Title XX of the "Social Security Act," | 32389 |
| 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 32390 |
| (2) "Respective local agency" means, with respect to the | 32391 |
| department of job and family services, a county department of job | 32392 |
| and family services; with respect to the department of mental | 32393 |
| health, a board of alcohol, drug addiction, and mental health | 32394 |
| services; and with respect to the department of mental retardation | 32395 |
| and developmental disabilities, a county board of mental | 32396 |
| retardation and developmental disabilities. | 32397 |
| (3) "Federal poverty guidelines" means the poverty guidelines | 32398 |
| as revised annually by the United States department of health and | 32399 |
| human services in accordance with section 673(2) of the "Omnibus | 32400 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 32401 |
| 9902, as amended, for a family size equal to the size of the | 32402 |
| family of the person whose income is being determined. | 32403 |
| (B) The departments of job and family services, mental | 32404 |
| health, and mental retardation and developmental disabilities, | 32405 |
| with their respective local agencies, shall administer the | 32406 |
| provision of social services funded through grants made under | 32407 |
| Title XX. The social services furnished with Title XX funds shall | 32408 |
| be directed at the following goals: | 32409 |
| (1) Achieving or maintaining economic self-support to | 32410 |
| prevent, reduce, or eliminate dependency; | 32411 |
| (2) Achieving or maintaining self-sufficiency, including | 32412 |
| reduction or prevention of dependency; | 32413 |
| (3) Preventing or remedying neglect, abuse, or exploitation | 32414 |
| of children and adults unable to protect their own interests, or | 32415 |
| preserving, rehabilitating, or reuniting families; | 32416 |
| (4) Preventing or reducing inappropriate institutional care | 32417 |
| by providing for community-based care, home-based care, or other | 32418 |
| forms of less intensive care; | 32419 |
| (5) Securing referral or admission for institutional care | 32420 |
| when other forms of care are not appropriate, or providing | 32421 |
| services to individuals in institutions. | 32422 |
| (C)(1) All federal funds received under Title XX shall be | 32423 |
| appropriated as follows: | 32424 |
| (a) Seventy-two and one-half per cent to the department of | 32425 |
| job and family services; | 32426 |
| (b) Twelve and ninety-three one-hundreths per cent to the | 32427 |
| department of mental health; | 32428 |
| (c) Fourteen and fifty-seven one-hundreths per cent to the | 32429 |
| department of mental retardation and developmental disabilities. | 32430 |
| (2) Each state department shall, subject to the approval of | 32431 |
| the controlling board, develop formulas for the distribution of | 32432 |
| their Title XX appropriations to their respective local agencies. | 32433 |
| The formulas shall take into account the total population of the | 32434 |
| area that is served by the agency, the percentage of the | 32435 |
| population in the area that falls below the federal poverty | 32436 |
| guidelines, and the agency's history of and ability to utilize | 32437 |
| Title XX funds. | 32438 |
| (3) Each of the state departments shall expend no more than | 32439 |
| three per cent of its Title XX appropriation for state | 32440 |
| administrative costs. Each of the department's respective local | 32441 |
| agencies shall expend no more than fourteen per cent of its Title | 32442 |
| XX appropriation for local administrative costs. | 32443 |
| (4) The department of job and family services shall expend no | 32444 |
| more than two per cent of its Title XX appropriation for the | 32445 |
| training of the following: | 32446 |
| (a) Employees of county departments of job and family | 32447 |
| services; | 32448 |
| (b) Providers of services under contract with the state | 32449 |
| departments' respective local agencies; | 32450 |
| (c) Employees of a public children services agency directly | 32451 |
| engaged in providing Title XX services. | 32452 |
| (D) The department of job and family services shall prepare a | 32453 |
| biennial comprehensive Title XX social services plan on the | 32454 |
| intended use of Title XX funds. The department shall develop a | 32455 |
| method for obtaining public comment during the development of the | 32456 |
| plan and following its completion. | 32457 |
| For each state fiscal year, the department of job and family | 32458 |
| services shall prepare a report on the actual use of Title XX | 32459 |
| funds. The department shall make the annual report available for | 32460 |
| public inspection. | 32461 |
| The departments of mental health and mental retardation and | 32462 |
| developmental disabilities shall prepare and submit to the | 32463 |
| department of job and family services the portions of each | 32464 |
| biennial plan and annual report that apply to services for mental | 32465 |
| health and mental retardation and developmental disabilities. Each | 32466 |
| respective local agency of the three state departments shall | 32467 |
| submit information as necessary for the preparation of biennial | 32468 |
| plans and annual reports. | 32469 |
| (E) Each county department shall adopt a county profile for | 32470 |
| the administration and provision of Title XX social services in | 32471 |
| the county. In developing its county profile, the county | 32472 |
| department shall take into consideration the comments and | 32473 |
| recommendations received from the public by the county family | 32474 |
| services planning committee pursuant to section 329.06 of the | 32475 |
| Revised Code. As part of its preparation of the county profile, | 32476 |
| the county department may prepare a local needs report analyzing | 32477 |
| the need for Title XX social services. | 32478 |
| The county department shall submit the county profile to the | 32479 |
| board of county commissioners for its review. Once the county | 32480 |
| profile has been approved by the board, the county department | 32481 |
| shall file a copy of the county profile with the department of job | 32482 |
| and family services. The department shall approve the county | 32483 |
| profile if the department determines the profile provides for the | 32484 |
| Title XX social services to meet the goals specified in division | 32485 |
| (B) of this section. | 32486 |
| (F) | 32487 |
| 32488 | |
| 32489 | |
| 32490 | |
| 32491 | |
| 32492 | |
| 32493 | |
| 32494 | |
| 32495 |
| | 32496 |
| local agencies may require that an entity under contract to | 32497 |
| provide social services with Title XX funds submit to an audit on | 32498 |
| the basis of
alleged misuse or improper accounting of funds. | 32499 |
| If an audit is required, the social services provider shall | 32500 |
| reimburse the state department or local agency for the cost it | 32501 |
| incurred in conducting the audit or having the audit conducted. | 32502 |
| If an audit demonstrates that a social services provider is | 32503 |
| responsible for one or more adverse findings, the provider shall | 32504 |
| reimburse the appropriate state department or its respective local | 32505 |
| agency the amount of the adverse findings. The amount shall not be | 32506 |
| reimbursed with Title XX funds received under this section. The | 32507 |
| three state departments and their respective local agencies may | 32508 |
| terminate or refuse to enter into a Title XX contract with a | 32509 |
| 32510 | |
| in an audit that
are the responsibility of the provider. | 32511 |
| 32512 | |
| 32513 | |
| 32514 |
| | 32515 |
| 32516 | |
| 32517 | |
| 32518 | |
| 32519 | |
| 32520 | |
| 32521 |
| | 32522 |
| 32523 |
| | 32524 |
| 32525 | |
| 32526 | |
| 32527 |
| | 32528 |
| 32529 | |
| 32530 | |
| 32531 | |
| 32532 | |
| 32533 |
| | 32534 |
| 32535 | |
| Rules | 32536 |
| 32537 | |
| 32538 | |
| 32539 | |
| department or matters between the department and county | 32540 |
| departments of job and family services shall be adopted as | 32541 |
| internal management rules | 32542 |
| section 111.15 of the Revised Code. Rules governing eligibility | 32543 |
| for services, program participation, and other matters pertaining | 32544 |
| to applicants and participants shall be adopted in accordance with | 32545 |
| Chapter 119. of the Revised Code. | 32546 |
| Sec. 5101.461. (A) As used in this section: | 32547 |
| (1) "Title IV-A" means Title IV-A of the "Social Security | 32548 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 32549 |
| (2) "Title XX" has the same meaning as in section 5101.46 of | 32550 |
| the Revised Code. | 32551 |
| (B) To the extent authorized by federal law, the department | 32552 |
| of job and family services may use funds received through the | 32553 |
| Title IV-A temporary assistance for needy families block grant for | 32554 |
| purposes of providing Title XX social services. The amount used | 32555 |
| under this section shall not exceed the maximum amount permitted | 32556 |
| by federal law. The funds and provision of Title XX social | 32557 |
| services with the funds are not subject to section 5101.46 of the | 32558 |
| Revised Code. | 32559 |
| (C) The department and any county department of job and | 32560 |
| family services may require an entity under contract to provide | 32561 |
| Title XX social services with funds used under this section to | 32562 |
| submit to an audit on the basis of alleged misuse or improper | 32563 |
| accounting of funds. If an audit is required, the social services | 32564 |
| provider shall reimburse the state department or county department | 32565 |
| for the cost it incurred in conducting the audit or having the | 32566 |
| audit conducted. | 32567 |
| If an audit demonstrates that a social services provider is | 32568 |
| responsible for one or more adverse findings, the provider shall | 32569 |
| reimburse the state department or county department the amount of | 32570 |
| the adverse findings. The amount shall not be reimbursed with | 32571 |
| funds received under this section. The state department and county | 32572 |
| departments may terminate or refuse to enter into a contract with | 32573 |
| a social services provider to provide services with funds | 32574 |
| available pursuant to this section if there are adverse findings | 32575 |
| in an audit that are the responsibility of the provider. | 32576 |
| (D) The state department of job and family services may adopt | 32577 |
| rules to implement and carry out the purposes of this section. | 32578 |
| Rules governing financial and operational matters of the | 32579 |
| department or matters between the department and county | 32580 |
| departments of job and family services shall be adopted as | 32581 |
| internal management rules in accordance with section 111.15 of the | 32582 |
| Revised Code. Rules governing eligibility for services, program | 32583 |
| participation, and other matters pertaining to applicants and | 32584 |
| participants shall be adopted in accordance with Chapter 119. of | 32585 |
| the Revised Code. | 32586 |
| Sec. 5101.47. (A) The director of job and family services | 32587 |
| may accept applications, determine eligibility, redetermine | 32588 |
| eligibility, and perform related administrative activities for one | 32589 |
| or more of the following: | 32590 |
| (1) The medicaid program established by Chapter 5111. of the | 32591 |
| Revised Code; | 32592 |
| (2) The children's health insurance program parts I and II | 32593 |
| provided for under sections 5101.50 and 5101.51 of the Revised | 32594 |
| Code; | 32595 |
| (3) Publicly funded child day-care provided under Chapter | 32596 |
| 5104. of the Revised Code; | 32597 |
| (4) The food stamp program administered by the department of | 32598 |
| job and family services pursuant to section 5104.54 of the Revised | 32599 |
| Code; | 32600 |
| (5) Other programs the director determines are supportive of | 32601 |
|
children, adults, or families | 32602 |
| (6) Other programs regarding which the director determines | 32603 |
| administrative cost savings and efficiency may be achieved through | 32604 |
| the department accepting applications, determining eligibility, | 32605 |
| redetermining eligibility, or performing related administrative | 32606 |
| activities. | 32607 |
| (B) If the director elects to accept applications, determine | 32608 |
| eligibility, redetermine eligibility, and perform related | 32609 |
| administrative activities for a program specified in or pursuant | 32610 |
| to division (A) of this section, both of the following apply: | 32611 |
| (1) An individual seeking services under the program may | 32612 |
| apply for the program to the director or to the entity that state | 32613 |
| law governing the program authorizes to accept applications for | 32614 |
| the program. | 32615 |
| (2) The director is subject to federal and state law that | 32616 |
| require, permit, or prohibit an action regarding accepting | 32617 |
| applications, determining or redetermining eligibility, and | 32618 |
| performing related administrative activities for the program. | 32619 |
| (C) The director may adopt rules as necessary to implement | 32620 |
| this section. | 32621 |
| Sec. 5101.80. (A) As used in this section and in section | 32622 |
| 5101.801 of the Revised Code: | 32623 |
| (1) "County family services agency" has the same meaning as | 32624 |
| in section 307.981 of the Revised Code. | 32625 |
| (2) "State agency" has the same meaning as in section 9.82 of | 32626 |
| the Revised Code. | 32627 |
| (3) "Title IV-A administrative agency" means both of the | 32628 |
| following: | 32629 |
| (a) A county family services agency or state agency | 32630 |
| administering a Title IV-A program under the supervision of the | 32631 |
| department of job and family services; | 32632 |
| (b) A government agency or private, not-for-profit entity | 32633 |
| administering a project funded in whole or in part with funds | 32634 |
| provided under the Title IV-A demonstration program created under | 32635 |
| section 5101.802 of the Revised Code. | 32636 |
| (4) "Title IV-A program" means all of the following that are | 32637 |
| funded in part with funds provided under the temporary assistance | 32638 |
| for needy families block grant established by Title IV-A of the | 32639 |
| "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as | 32640 |
| amended: | 32641 |
| (a) The Ohio works first program established under Chapter | 32642 |
| 5107. of the Revised Code; | 32643 |
| (b) The prevention, retention, and contingency program | 32644 |
| established under Chapter 5108. of the Revised Code; | 32645 |
| (c) A program established by the general assembly or an | 32646 |
| executive order issued by the governor that is administered or | 32647 |
| supervised by the department of job and family services pursuant | 32648 |
| to section 5101.801 of the Revised Code; | 32649 |
| (d) The Title IV-A demonstration program created under | 32650 |
| section 5101.802 of the Revised Code; | 32651 |
| (e) A component of a Title IV-A program identified under | 32652 |
|
divisions (A) | 32653 |
| IV-A state plan prepared under division (C)(1) of this section | 32654 |
| identifies as a component. | 32655 |
| (B) The department of job and family services shall act as | 32656 |
| the single state agency to administer and supervise the | 32657 |
| administration of Title IV-A programs. The Title IV-A state plan | 32658 |
| and amendments to the plan prepared under division (C) of this | 32659 |
|
section are binding on | 32660 |
| 32661 | |
| agencies. No | 32662 |
| 32663 | |
| establish, by rule or otherwise, a policy governing | 32664 |
| IV-A program that is inconsistent with a Title IV-A program policy | 32665 |
| established, in rule or otherwise, by the director of job and | 32666 |
| family services. | 32667 |
| (C) The department of job and family services shall do all of | 32668 |
| the following: | 32669 |
| (1) Prepare and submit to the United States secretary of | 32670 |
| health and human services a Title IV-A state plan for Title IV-A | 32671 |
| programs; | 32672 |
| (2) Prepare and submit to the United States secretary of | 32673 |
| health and human services amendments to the Title IV-A state plan | 32674 |
| that the department determines necessary, including amendments | 32675 |
| necessary to implement Title IV-A programs identified in division | 32676 |
|
(A) | 32677 |
| (3) Prescribe forms for applications, certificates, reports, | 32678 |
|
records, and accounts of | 32679 |
| 32680 | |
| agencies, and other matters related to Title IV-A programs; | 32681 |
| (4) Make such reports, in such form and containing such | 32682 |
| information as the department may find necessary to assure the | 32683 |
| correctness and verification of such reports, regarding Title IV-A | 32684 |
| programs; | 32685 |
| (5) Require reports and information from each | 32686 |
| 32687 | |
| 32688 | |
| regarding
| 32689 |
| (6) Afford a fair hearing in accordance with section 5101.35 | 32690 |
| of the Revised Code to any applicant for, or participant or former | 32691 |
| participant of, a Title IV-A program aggrieved by a decision | 32692 |
| regarding the program; | 32693 |
| (7) Administer and expend, pursuant to Chapters 5104., 5107., | 32694 |
| and
5108. of the Revised Code
and | 32695 |
| 5101.802 of the Revised Code, any sums appropriated by the general | 32696 |
| assembly for the
purpose of those
chapters
and | 32697 |
| and all sums paid to the state by the secretary of the treasury of | 32698 |
| the United States as authorized by Title IV-A of the "Social | 32699 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended; | 32700 |
| (8) Conduct investigations and audits as are necessary | 32701 |
| regarding Title IV-A programs; | 32702 |
| (9) Enter into reciprocal agreements with other states | 32703 |
| relative to the provision of Ohio works first and prevention, | 32704 |
| retention, and contingency to residents and nonresidents; | 32705 |
| (10) Contract with a private entity to conduct an independent | 32706 |
| on-going evaluation of the Ohio works first program and the | 32707 |
| prevention, retention, and contingency program. The contract must | 32708 |
| require the private entity to do all of the following: | 32709 |
| (a) Examine issues of process, practice, impact, and | 32710 |
| outcomes; | 32711 |
| (b) Study former participants of Ohio works first who have | 32712 |
| not participated in Ohio works first for at least one year to | 32713 |
| determine whether they are employed, the type of employment in | 32714 |
| which they are engaged, the amount of compensation they are | 32715 |
| receiving, whether their employer provides health insurance, | 32716 |
| whether and how often they have received benefits or services | 32717 |
| under the prevention, retention, and contingency program, and | 32718 |
| whether they are successfully self sufficient; | 32719 |
| (c) Provide the department with reports at times the | 32720 |
| department specifies. | 32721 |
| (11) Not later than January 1, 2001, and the first day of | 32722 |
| each January and July thereafter, prepare a report containing | 32723 |
| information on the following: | 32724 |
| (a) Individuals exhausting the time limits for participation | 32725 |
| in Ohio works first set forth in section 5107.18 of the Revised | 32726 |
| Code. | 32727 |
| (b) Individuals who have been exempted from the time limits | 32728 |
| set forth in section 5107.18 of the Revised Code and the reasons | 32729 |
| for the exemption. | 32730 |
| | 32731 |
| 32732 | |
| 32733 | |
| 32734 | |
| 32735 | |
| 32736 | |
| 32737 | |
| 32738 | |
| 32739 | |
| 32740 |
| | 32741 |
| 32742 | |
| 32743 | |
| 32744 |
| (D) The department shall provide copies of the reports it | 32745 |
| receives under division (C)(10) of this section and prepares under | 32746 |
| 32747 | |
| governor, the president and minority leader of the senate, and the | 32748 |
| speaker and minority leader of the house of representatives. The | 32749 |
| department shall provide copies of the reports to any private or | 32750 |
| government entity on request. | 32751 |
| (E) An authorized representative of the department or a | 32752 |
| county family services agency or state agency administering a | 32753 |
| Title IV-A program shall have access to all records and | 32754 |
| information bearing thereon for the purposes of investigations | 32755 |
| conducted pursuant to this section. An authorized representative | 32756 |
| of a government entity or private, not-for-profit entity | 32757 |
| administering a project funded in whole or in part with funds | 32758 |
| provided under the Title IV-A demonstration program shall have | 32759 |
| access to all records and information bearing on the project for | 32760 |
| the purpose of investigations conducted pursuant to this section. | 32761 |
| Sec. 5101.801. (A) Except as otherwise provided by the law | 32762 |
| enacted by the general assembly or executive order issued by the | 32763 |
| governor establishing the Title IV-A program, a Title IV-A program | 32764 |
|
identified under division (A) | 32765 |
| 5101.80 of the Revised Code shall provide benefits and services | 32766 |
| that are not "assistance" as defined in 45 C.F.R. 260.31(a) and | 32767 |
| are benefits and services that 45 C.F.R. 260.31(b) excludes from | 32768 |
| the definition of assistance. | 32769 |
| (B)(1) Except as otherwise provided by the law enacted by the | 32770 |
| general assembly or executive order issued by the governor | 32771 |
| establishing the Title IV-A program, the department of job and | 32772 |
| family services shall do either of the following regarding a Title | 32773 |
|
IV-A program identified under division (A) | 32774 |
| section 5101.80 of the Revised Code: | 32775 |
| | 32776 |
| services agency's administration of the program; | 32777 |
| | 32778 |
| agency for the state agency to administer the program under the | 32779 |
| department's supervision. | 32780 |
| (2) The department may enter into an agreement with a | 32781 |
| government entity and, to the extent permitted by federal law, a | 32782 |
| private, not-for-profit entity for the entity to receive funding | 32783 |
| for a project under the Title IV-A demonstration program. | 32784 |
| (C) | 32785 |
| 32786 | |
| 32787 | |
| 32788 | |
| rules
governing | 32789 |
| divisions (A)(4)(c) to (e) of section 5101.80 of the Revised Code. | 32790 |
| Rules governing financial and operational matters of the | 32791 |
| department or between the department and | 32792 |
| services | 32793 |
| rules adopted in accordance with section 111.15 of the Revised | 32794 |
| Code. All other rules shall be adopted in accordance with Chapter | 32795 |
| 119. of the Revised Code. | 32796 |
| (D) If the department enters into an | 32797 |
| regarding a Title IV-A program identified under division | 32798 |
| (A) | 32799 |
| Code pursuant to division (B)(1)(b) or (2) of this section, the | 32800 |
| agreement shall include at least all of the following: | 32801 |
| (1) A requirement that the state agency or entity comply with | 32802 |
| the requirements for the program or project, including all of the | 32803 |
| following requirements established by federal statutes and | 32804 |
| regulations, state statutes and rules, the United States office of | 32805 |
| management and budget, and the Title IV-A state plan prepared | 32806 |
| under section 5101.80 of the Revised Code: | 32807 |
| (a) Eligibility; | 32808 |
| (b) Reports; | 32809 |
| (c) Benefits and services; | 32810 |
| (d) Use of funds; | 32811 |
| (e) Appeals for applicants for, and recipients and former | 32812 |
| recipients of, the benefits and services; | 32813 |
| (f) Audits. | 32814 |
| (2) A complete description of all of the following: | 32815 |
| (a) The benefits and services that the program or project is | 32816 |
| to provide; | 32817 |
| (b) The methods of program or project administration; | 32818 |
| (c) The appeals process under section 5101.35 of the Revised | 32819 |
| Code for applicants for, and recipients and former recipients of, | 32820 |
|
the | 32821 |
| (d) Other | 32822 |
| department requires be included. | 32823 |
| (3) Procedures for the department to approve a policy, | 32824 |
| established by rule or otherwise, that the state agency or entity | 32825 |
| establishes for the program or project before the policy is | 32826 |
| established; | 32827 |
| (4) Provisions regarding how the department is to reimburse | 32828 |
| the state agency or entity for allowable expenditures under the | 32829 |
| program or project that the department approves, including all of | 32830 |
| the following: | 32831 |
| (a) Limitations on administrative costs; | 32832 |
| (b) The department, at its discretion, | 32833 |
| either of the following: | 32834 |
| (i) Withholding no more than five per cent of the funds that | 32835 |
| the department would otherwise provide to the state agency or | 32836 |
| entity for the program or | 32837 |
| (ii) Charging the state agency or entity for the costs to the | 32838 |
| department of performing, or contracting for the performance of, | 32839 |
| audits and other administrative functions associated with the | 32840 |
| program or project. | 32841 |
| (5) If the state agency or entity arranges by contract, | 32842 |
| grant, or other agreement for another entity to perform a function | 32843 |
| the state agency or entity would otherwise perform regarding the | 32844 |
| program or project, the state
| 32845 |
| responsibilities for both of the following: | 32846 |
| (a) Ensuring that the other entity complies with the | 32847 |
| 32848 | |
| department and federal statutes and regulations and state statutes | 32849 |
| and rules governing the use of funds for the program or project; | 32850 |
| (b) Auditing the other entity in accordance with requirements | 32851 |
| established by the United States office of management and budget. | 32852 |
| (6) The state | 32853 |
| regarding the prompt payment, including any interest assessed, of | 32854 |
| any adverse audit finding, final disallowance of federal funds, or | 32855 |
| other sanction or penalty imposed by the federal government, | 32856 |
| auditor of state, department, a court, or other entity regarding | 32857 |
| funds for the program or project; | 32858 |
| (7) Provisions for the department to terminate the | 32859 |
| 32860 | |
| agency or entity if either of the following occur: | 32861 |
| (a) The federal government disapproves the program or project | 32862 |
| or reduces federal funds for the program or project; | 32863 |
| (b) The state agency or entity fails to comply with the terms | 32864 |
| of the
| 32865 |
| (8) Provisions for both of the following: | 32866 |
| (a) The department and state agency or entity determining the | 32867 |
| performance outcomes expected for the program or project; | 32868 |
| (b) An evaluation of the program or project to determine its | 32869 |
| success in achieving the performance outcomes determined under | 32870 |
| division (D)(8)(a) of this section. | 32871 |
| (E) To the extent consistent with the law enacted by the | 32872 |
| general assembly or executive order issued by the governor | 32873 |
| establishing the Title IV-A program and subject to the approval of | 32874 |
| the director of budget and management, the director of job and | 32875 |
| family services may terminate a Title IV-A program identified | 32876 |
|
under division (A) | 32877 |
| the Revised Code or reduce funding for the program if the director | 32878 |
| of job and family services determines that federal or state funds | 32879 |
| are insufficient to fund the program. If the director of budget | 32880 |
| and management approves the termination or reduction in funding | 32881 |
| for such a program, the director of job and family services shall | 32882 |
| issue instructions for the termination or funding reduction. If a | 32883 |
| 32884 | |
| administrative agency is administering the
program, the | 32885 |
| 32886 | |
| or funding reduction and shall comply with the director's | 32887 |
| instructions. | 32888 |
| (F) The director of job and family services may adopt | 32889 |
| internal management rules in accordance with section 111.15 of the | 32890 |
| Revised Code as necessary to implement this section. The rules are | 32891 |
| binding on each | 32892 |
| 32893 | |
| 32894 | |
| 32895 |
| Sec. 5101.802. There is hereby created the Title IV-A | 32896 |
| demonstration program to provide funding for innovative and | 32897 |
| promising prevention and intervention projects that meet one or | 32898 |
| more of the four purposes of the temporary assistance for needy | 32899 |
| families block grant as specified in 42 U.S.C. 601 and are for | 32900 |
| individuals with specific and multiple barriers to achieving or | 32901 |
| maintaining self-sufficiency and personal responsibility. The | 32902 |
| department of job and family services may provide funding for such | 32903 |
| projects to government entities and, to the extent permitted by | 32904 |
| federal law, private, not-for-profit entities with which the | 32905 |
| department enters into agreements under division (B)(2) of section | 32906 |
| 5101.801 of the Revised Code. | 32907 |
| In accordance with criteria the department develops, the | 32908 |
| department may solicit proposals for entities seeking to enter | 32909 |
| into an agreement with the department under division (B)(2) of | 32910 |
| section 5101.801 of the Revised Code. The department may enter | 32911 |
| into such agreements with entities that meet the proposals' | 32912 |
| criteria. In developing the criteria, soliciting the proposals, | 32913 |
| and entering in the agreements, the department shall comply with | 32914 |
| all applicable federal and state laws, the Title IV-A state plan | 32915 |
| submitted to the United States secretary of health and human | 32916 |
| services under section 5101.80 of the Revised Code, amendments to | 32917 |
| the Title IV-A state plan submitted to the United States secretary | 32918 |
| under that section, and federal waivers the United States | 32919 |
| secretary grants. | 32920 |
| Sec. 5101.821. Except as otherwise approved by the director | 32921 |
| of budget and management, the department of job and family | 32922 |
| services shall deposit federal funds received under Title IV-A of | 32923 |
| the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996), | 32924 |
| into the temporary assistance for needy families (TANF) federal | 32925 |
| fund, which is hereby created in the state treasury. The | 32926 |
| department shall use money in the fund for the Ohio works first | 32927 |
| program established under Chapter 5107. of the Revised Code; the | 32928 |
| prevention, retention, and contingency program established under | 32929 |
| Chapter 5108. of the Revised Code; social services provided | 32930 |
| pursuant to section 5101.461 of the Revised Code; and any other | 32931 |
| purposes consistent with Title IV-A, federal regulations, federal | 32932 |
| waivers granted by the United States secretary of health and human | 32933 |
| services, state law, the Title IV-A state plan and amendments | 32934 |
| submitted to the United States secretary of health and human | 32935 |
| services under section 5101.80 of the Revised Code, and rules | 32936 |
| adopted by the department under section 5107.05 of the Revised | 32937 |
| Code. | 32938 |
| Sec. 5104.01. As used in this chapter: | 32939 |
| (A) "Administrator" means the person responsible for the | 32940 |
| daily operation of a center or type A home. The administrator and | 32941 |
| the owner may be the same person. | 32942 |
| (B) "Approved child day camp" means a child day camp approved | 32943 |
| pursuant to section 5104.22 of the Revised Code. | 32944 |
| (C) "Authorized provider" means a person authorized by a | 32945 |
| county director of job and family services to operate a certified | 32946 |
| type B family day-care home. | 32947 |
| (D) "Border state child day-care provider" means a child | 32948 |
| day-care provider that is located in a state bordering Ohio and | 32949 |
| that is licensed, certified, or otherwise approved by that state | 32950 |
| to provide child day-care. | 32951 |
| (E) "Caretaker parent" means the father or mother of a child | 32952 |
| whose presence in the home is needed as the caretaker of the | 32953 |
| child, a person who has legal custody of a child and whose | 32954 |
| presence in the home is needed as the caretaker of the child, a | 32955 |
| guardian of a child whose presence in the home is needed as the | 32956 |
| caretaker of the child, and any other person who stands in loco | 32957 |
| parentis with respect to the child and whose presence in the home | 32958 |
| is needed as the caretaker of the child. | 32959 |
| (F) "Certified type B family day-care home" and "certified | 32960 |
| type B home" mean a type B family day-care home that is certified | 32961 |
| by the director of the county department of job and family | 32962 |
| services pursuant to section 5104.11 of the Revised Code to | 32963 |
| receive public funds for providing child day-care pursuant to this | 32964 |
| chapter and any rules adopted under it. | 32965 |
| (G) "Chartered nonpublic school" means a school that meets | 32966 |
| standards for nonpublic schools prescribed by the state board of | 32967 |
| education for nonpublic schools pursuant to section 3301.07 of the | 32968 |
| Revised Code. | 32969 |
| (H) "Child" includes an infant, toddler, preschool child, or | 32970 |
| school child. | 32971 |
| (I) "Child care block grant act" means the "Child Care and | 32972 |
| Development Block Grant Act of 1990," established in section 5082 | 32973 |
| of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. | 32974 |
| 1388-236 (1990), 42 U.S.C. 9858, as amended. | 32975 |
| (J) "Child day camp" means a program in which only school | 32976 |
| children attend or participate, that operates for no more than | 32977 |
| seven hours per day, that operates only during one or more public | 32978 |
| school district's regular vacation periods or for no more than | 32979 |
| fifteen weeks during the summer, and that operates outdoor | 32980 |
| activities for each child who attends or participates in the | 32981 |
| program for a minimum of fifty per cent of each day that children | 32982 |
| attend or participate in the program, except for any day when | 32983 |
| hazardous weather conditions prevent the program from operating | 32984 |
| outdoor activities for a minimum of fifty per cent of that day. | 32985 |
| For purposes of this division, the maximum seven hours of | 32986 |
| operation time does not include transportation time from a child's | 32987 |
| home to a child day camp and from a child day camp to a child's | 32988 |
| home. | 32989 |
| (K) "Child day-care" means administering to the needs of | 32990 |
| infants, toddlers, preschool children, and school children outside | 32991 |
| of school hours by persons other than their parents or guardians, | 32992 |
| custodians, or relatives by blood, marriage, or adoption for any | 32993 |
| part of the twenty-four-hour day in a place or residence other | 32994 |
| than a child's own home. | 32995 |
| (L) "Child day-care center" and "center" mean any place in | 32996 |
| which child day-care or publicly funded child day-care is provided | 32997 |
| for thirteen or more children at one time or any place that is not | 32998 |
| the permanent residence of the licensee or administrator in which | 32999 |
| child day-care or publicly funded child day-care is provided for | 33000 |
| seven to twelve children at one time. In counting children for the | 33001 |
| purposes of this division, any children under six years of age who | 33002 |
| are related to a licensee, administrator, or employee and who are | 33003 |
| on the premises of the center shall be counted. "Child day-care | 33004 |
| center" and "center" do not include any of the following: | 33005 |
| (1) A place located in and operated by a hospital, as defined | 33006 |
| in section 3727.01 of the Revised Code, in which the needs of | 33007 |
| children are administered to, if all the children whose needs are | 33008 |
| being administered to are monitored under the on-site supervision | 33009 |
| of a physician licensed under Chapter 4731. of the Revised Code or | 33010 |
| a registered nurse licensed under Chapter 4723. of the Revised | 33011 |
| Code, and the services are provided only for children who, in the | 33012 |
| opinion of the child's parent, guardian, or custodian, are | 33013 |
| exhibiting symptoms of a communicable disease or other illness or | 33014 |
| are injured; | 33015 |
| (2) A child day camp; | 33016 |
| (3) A place that provides child day-care, but not publicly | 33017 |
| funded child day-care, if all of the following apply: | 33018 |
| (a) An organized religious body provides the child day-care; | 33019 |
| (b) A parent, custodian, or guardian of at least one child | 33020 |
| receiving child day-care is on the premises and readily accessible | 33021 |
| at all times; | 33022 |
| (c) The child day-care is not provided for more than thirty | 33023 |
| days a year; | 33024 |
| (d) The child day-care is provided only for preschool and | 33025 |
| school children. | 33026 |
| (M) "Child day-care resource and referral service | 33027 |
| organization" means a community-based nonprofit organization that | 33028 |
| provides child day-care resource and referral services but not | 33029 |
| child day-care. | 33030 |
| (N) "Child day-care resource and referral services" means all | 33031 |
| of the following services: | 33032 |
| (1) Maintenance of a uniform data base of all child day-care | 33033 |
| providers in the community that are in compliance with this | 33034 |
| chapter, including current occupancy and vacancy data; | 33035 |
| (2) Provision of individualized consumer education to | 33036 |
| families seeking child day-care; | 33037 |
| (3) Provision of timely referrals of available child day-care | 33038 |
| providers to families seeking child day-care; | 33039 |
| (4) Recruitment of child day-care providers; | 33040 |
| (5) Assistance in the development, conduct, and dissemination | 33041 |
| of training for child day-care providers and provision of | 33042 |
| technical assistance to current and potential child day-care | 33043 |
| providers, employers, and the community; | 33044 |
| (6) Collection and analysis of data on the supply of and | 33045 |
| demand for child day-care in the community; | 33046 |
| (7) Technical assistance concerning locally, state, and | 33047 |
| federally funded child day-care and early childhood education | 33048 |
| programs; | 33049 |
| (8) Stimulation of employer involvement in making child | 33050 |
| day-care more affordable, more available, safer, and of higher | 33051 |
| quality for their employees and for the community; | 33052 |
| (9) Provision of written educational materials to caretaker | 33053 |
| parents and informational resources to child day-care providers; | 33054 |
| (10) Coordination of services among child day-care resource | 33055 |
| and referral service organizations to assist in developing and | 33056 |
| maintaining a statewide system of child day-care resource and | 33057 |
| referral services if required by the department of job and family | 33058 |
| services; | 33059 |
| (11) Cooperation with the county department of job and family | 33060 |
| services in encouraging the establishment of parent cooperative | 33061 |
| child day-care centers and parent cooperative type A family | 33062 |
| day-care homes. | 33063 |
| (O) "Child-care staff member" means an employee of a child | 33064 |
| day-care center or type A family day-care home who is primarily | 33065 |
| responsible for the care and supervision of children. The | 33066 |
| administrator may be a part-time child-care staff member when not | 33067 |
| involved in other duties. | 33068 |
| (P) "Drop-in child day-care center," "drop-in center," | 33069 |
| "drop-in type A family day-care home," and "drop-in type A home" | 33070 |
| mean a center or type A home that provides child day-care or | 33071 |
| publicly funded child day-care for children on a temporary, | 33072 |
| irregular basis. | 33073 |
| (Q) "Employee" means a person who either: | 33074 |
| (1) Receives compensation for duties performed in a child | 33075 |
| day-care center or type A family day-care home; | 33076 |
| (2) Is assigned specific working hours or duties in a child | 33077 |
| day-care center or type A family day-care home. | 33078 |
| (R) "Employer" means a person, firm, institution, | 33079 |
| organization, or agency that operates a child day-care center or | 33080 |
| type A family day-care home subject to licensure under this | 33081 |
| chapter. | 33082 |
| (S) "Federal poverty line" means the official poverty | 33083 |
| guideline as revised annually in accordance with section 673(2) of | 33084 |
| the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 33085 |
| U.S.C. 9902, as amended, for a family size equal to the size of | 33086 |
| the family of the person whose income is being determined. | 33087 |
| (T) "Head start program" means a comprehensive child | 33088 |
| development program that receives funds distributed under the | 33089 |
| "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 33090 |
|
amended | 33091 |
| (U) "Income" means gross income, as defined in section | 33092 |
| 5107.10 of the Revised Code, less any amounts required by federal | 33093 |
| statutes or regulations to be disregarded. | 33094 |
| (V) "Indicator checklist" means an inspection tool, used in | 33095 |
| conjunction with an instrument-based program monitoring | 33096 |
| information system, that contains selected licensing requirements | 33097 |
| that are statistically reliable indicators or predictors of a | 33098 |
| child day-care center or type A family day-care home's compliance | 33099 |
| with licensing requirements. | 33100 |
| (W) "Infant" means a child who is less than eighteen months | 33101 |
| of age. | 33102 |
| (X) "In-home aide" means a person certified by a county | 33103 |
| director of job and family services pursuant to section 5104.12 of | 33104 |
| the Revised Code to provide publicly funded child day-care to a | 33105 |
| child in a child's own home pursuant to this chapter and any rules | 33106 |
| adopted under it. | 33107 |
| (Y) "Instrument-based program monitoring information system" | 33108 |
| means a method to assess compliance with licensing requirements | 33109 |
| for child day-care centers and type A family day-care homes in | 33110 |
| which each licensing requirement is assigned a weight indicative | 33111 |
| of the relative importance of the requirement to the health, | 33112 |
| growth, and safety of the children that is used to develop an | 33113 |
| indicator checklist. | 33114 |
| (Z) "License capacity" means the maximum number in each age | 33115 |
| category of children who may be cared for in a child day-care | 33116 |
| center or type A family day-care home at one time as determined by | 33117 |
| the director of job and family services considering building | 33118 |
| occupancy limits established by the department of commerce, number | 33119 |
| of available child-care staff members, amount of available indoor | 33120 |
| floor space and outdoor play space, and amount of available play | 33121 |
| equipment, materials, and supplies. | 33122 |
| (AA) "Licensed preschool program" or "licensed school child | 33123 |
| program" means a preschool program or school child program, as | 33124 |
| defined in section 3301.52 of the Revised Code, that is licensed | 33125 |
| by the department of education pursuant to sections 3301.52 to | 33126 |
| 3301.59 of the Revised Code. | 33127 |
| (BB) "Licensee" means the owner of a child day-care center or | 33128 |
| type A family day-care home that is licensed pursuant to this | 33129 |
| chapter and who is responsible for ensuring its compliance with | 33130 |
| this chapter and rules adopted pursuant to this chapter. | 33131 |
| (CC) "Operate a child day camp" means to operate, establish, | 33132 |
| manage, conduct, or maintain a child day camp. | 33133 |
| (DD) "Owner" includes a person, as defined in section 1.59 of | 33134 |
| the Revised Code, or government entity. | 33135 |
| (EE) "Parent cooperative child day-care center," "parent | 33136 |
| cooperative center," "parent cooperative type A family day-care | 33137 |
| home," and "parent cooperative type A home" mean a corporation or | 33138 |
| association organized for providing educational services to the | 33139 |
| children of members of the corporation or association, without | 33140 |
| gain to the corporation or association as an entity, in which the | 33141 |
| services of the corporation or association are provided only to | 33142 |
| children of the members of the corporation or association, | 33143 |
| ownership and control of the corporation or association rests | 33144 |
| solely with the members of the corporation or association, and at | 33145 |
| least one parent-member of the corporation or association is on | 33146 |
| the premises of the center or type A home during its hours of | 33147 |
| operation. | 33148 |
| (FF) "Part-time child day-care center," "part-time center," | 33149 |
| "part-time type A family day-care home," and "part-time type A | 33150 |
| home" mean a center or type A home that provides child day-care or | 33151 |
| publicly funded child day-care for no more than four hours a day | 33152 |
| for any child. | 33153 |
| (GG) "Place of worship" means a building where activities of | 33154 |
| an organized religious group are conducted and includes the | 33155 |
| grounds and any other buildings on the grounds used for such | 33156 |
| activities. | 33157 |
| (HH) "Preschool child" means a child who is three years old | 33158 |
| or older but is not a school child. | 33159 |
| (II) "Protective day-care" means publicly funded child | 33160 |
| day-care for the direct care and protection of a child to whom | 33161 |
| either of the following applies: | 33162 |
| (1) A case plan prepared and maintained for the child | 33163 |
| pursuant to section 2151.412 of the Revised Code indicates a need | 33164 |
| for protective day-care and the child resides with a parent, | 33165 |
| stepparent, guardian, or another person who stands in loco | 33166 |
| parentis as defined in rules adopted under section 5104.38 of the | 33167 |
| Revised Code; | 33168 |
| (2) The child and the child's caretaker either temporarily | 33169 |
| reside in a facility providing emergency shelter for homeless | 33170 |
| families or are determined by the county department of job and | 33171 |
| family services to be homeless, and are otherwise ineligible for | 33172 |
| publicly funded child day-care. | 33173 |
| (JJ) "Publicly funded child day-care" means administering to | 33174 |
| the needs of infants, toddlers, preschool children, and school | 33175 |
| children under age thirteen during any part of the | 33176 |
| twenty-four-hour day by persons other than their caretaker parents | 33177 |
| for remuneration wholly or in part with federal or state funds, | 33178 |
| including funds available under the child care block grant act | 33179 |
| Title IV-A, and Title XX, distributed by the department of job and | 33180 |
| family services. | 33181 |
| (KK) "Religious activities" means any of the following: | 33182 |
| worship or other religious services; religious instruction; Sunday | 33183 |
| school classes or other religious classes conducted during or | 33184 |
| prior to worship or other religious services; youth or adult | 33185 |
| fellowship activities; choir or other musical group practices or | 33186 |
| programs; meals; festivals; or meetings conducted by an organized | 33187 |
| religious group. | 33188 |
| (LL) "School child" means a child who is enrolled in or is | 33189 |
| eligible to be enrolled in a grade of kindergarten or above but is | 33190 |
| less than fifteen years old. | 33191 |
| (MM) "School child day-care center," "school child center," | 33192 |
| "school child type A family day-care home," and "school child type | 33193 |
| A family home" mean a center or type A home that provides child | 33194 |
| day-care for school children only and that does either or both of | 33195 |
| the following: | 33196 |
| (1) Operates only during that part of the day that | 33197 |
| immediately precedes or follows the public school day of the | 33198 |
| school district in which the center or type A home is located; | 33199 |
| (2) Operates only when the public schools in the school | 33200 |
| district in which the center or type A home is located are not | 33201 |
| open for instruction with pupils in attendance. | 33202 |
| (NN) "State median income" means the state median income | 33203 |
| calculated by the department of development pursuant to division | 33204 |
| (A)(1)(g) of section 5709.61 of the Revised Code. | 33205 |
| (OO) "Title IV-A" means Title IV-A of the "Social Security | 33206 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 33207 |
| (PP) "Title XX" means Title XX of the "Social Security Act," | 33208 |
| 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 33209 |
| (QQ) "Toddler" means a child who is at least eighteen months | 33210 |
| of age but less than three years of age. | 33211 |
| (RR) "Type A family day-care home" and "type A home" mean a | 33212 |
| permanent residence of the administrator in which child day-care | 33213 |
| or publicly funded child day-care is provided for seven to twelve | 33214 |
| children at one time or a permanent residence of the administrator | 33215 |
| in which child day-care is provided for four to twelve children at | 33216 |
| one time if four or more children at one time are under two years | 33217 |
| of age. In counting children for the purposes of this division, | 33218 |
| any children under six years of age who are related to a licensee, | 33219 |
| administrator, or employee and who are on the premises of the type | 33220 |
| A home shall be counted. "Type A family day-care home" does not | 33221 |
| include a residence in which the needs of children are | 33222 |
| administered to, if all of the children whose needs are being | 33223 |
| administered to are siblings of the same immediate family and the | 33224 |
| residence is the home of the siblings. "Type A family day-care | 33225 |
| home" and "type A home" do not include any child day camp. | 33226 |
| (SS) "Type B family day-care home" and "type B home" mean a | 33227 |
| permanent residence of the provider in which child day-care is | 33228 |
| provided for one to six children at one time and in which no more | 33229 |
| than three children are under two years of age at one time. In | 33230 |
| counting children for the purposes of this division, any children | 33231 |
| under six years of age who are related to the provider and who are | 33232 |
| on the premises of the type B home shall be counted. "Type B | 33233 |
| family day-care home" does not include a residence in which the | 33234 |
| needs of children are administered to, if all of the children | 33235 |
| whose needs are being administered to are siblings of the same | 33236 |
| immediate family and the residence is the home of the siblings. | 33237 |
| "Type B family day-care home" and "type B home" do not include any | 33238 |
| child day camp. | 33239 |
| Sec. 5104.32. (A) Except as provided in division (C) of this | 33240 |
| section, all purchases of publicly funded child day-care shall be | 33241 |
| made under a contract entered into by a licensed child day-care | 33242 |
| center, licensed type A family day-care home, certified type B | 33243 |
| family day-care home, certified in-home aide, approved child day | 33244 |
| camp, licensed preschool program, licensed school child program, | 33245 |
| or border state child day-care provider and the county department | 33246 |
| of job and family services. A county department of job and family | 33247 |
| services may enter into a contract with a provider for publicly | 33248 |
| funded child day-care for a specified period of time or upon a | 33249 |
| continuous basis for an unspecified period of time. All contracts | 33250 |
| for publicly funded child day-care shall be contingent upon the | 33251 |
| availability of state and federal funds. The department of job and | 33252 |
| family services shall prescribe a standard form to be used for all | 33253 |
| contracts for the purchase of publicly funded child day-care, | 33254 |
| regardless of the source of public funds used to purchase the | 33255 |
| child day-care. To the extent permitted by federal law and | 33256 |
| notwithstanding any other provision of the Revised Code that | 33257 |
| regulates state or county contracts or contracts involving the | 33258 |
| expenditure of state, county, or federal funds, all contracts for | 33259 |
| publicly funded child day-care shall be entered into in accordance | 33260 |
| with the provisions of this chapter and are exempt from any other | 33261 |
| provision of the Revised Code that regulates state or county | 33262 |
| contracts or contracts involving the expenditure of state, county, | 33263 |
| or federal funds. | 33264 |
| (B) Each contract for publicly funded child day-care shall | 33265 |
| specify at least the following: | 33266 |
| (1) That the provider of publicly funded child day-care | 33267 |
| agrees to be paid for rendering services at the lowest of the rate | 33268 |
| customarily charged by the provider for children enrolled for | 33269 |
| child day-care, the reimbursement ceiling or rate of payment | 33270 |
| established pursuant to section 5104.30 of the Revised Code, or a | 33271 |
| rate the county department negotiates with the provider; | 33272 |
| (2) That, if a provider provides child day-care to an | 33273 |
| individual potentially eligible for publicly funded child day-care | 33274 |
| who is subsequently determined to be eligible, the county | 33275 |
| department agrees to pay for all child day-care provided between | 33276 |
| the date the county department receives the individual's completed | 33277 |
| application and the date the individual's eligibility is | 33278 |
| determined; | 33279 |
| (3) Whether the county department of job and family services, | 33280 |
| the provider, or a child day-care resource and referral service | 33281 |
| organization will make eligibility determinations, whether the | 33282 |
| provider or a child day-care resource and referral service | 33283 |
| organization will be required to collect information to be used by | 33284 |
| the county department to make eligibility determinations, and the | 33285 |
| time period within which the provider or child day-care resource | 33286 |
| and referral service organization is required to complete required | 33287 |
| eligibility determinations or to transmit to the county department | 33288 |
| any information collected for the purpose of making eligibility | 33289 |
| determinations; | 33290 |
| (4) That the provider, other than a border state child | 33291 |
|
day-care
provider | 33292 |
| 33293 | |
| approved, or certified pursuant to this chapter and shall comply | 33294 |
| with all standards and other requirements in this chapter and in | 33295 |
| rules adopted pursuant to this chapter for maintaining the | 33296 |
| provider's license, approval, or certification; | 33297 |
| (5) That, in the case of a border state child day-care | 33298 |
| provider, the provider shall continue to be licensed, certified, | 33299 |
| or otherwise approved by the state in which the provider is | 33300 |
| located and shall comply with all standards and other requirements | 33301 |
| established by that state for maintaining the provider's license, | 33302 |
| certificate, or other approval; | 33303 |
| (6) Whether the provider will be paid by the county | 33304 |
| department of job and family services or the state department of | 33305 |
| job and family services; | 33306 |
| (7) That the contract is subject to the availability of state | 33307 |
| and federal funds. | 33308 |
| (C) Unless specifically prohibited by federal law, the county | 33309 |
| department of job and family services shall give individuals | 33310 |
| eligible for publicly funded child day-care the option of | 33311 |
| obtaining certificates for payment that the individual may use to | 33312 |
| purchase services from any provider qualified to provide publicly | 33313 |
| funded child day-care under section 5104.31 of the Revised Code. | 33314 |
| Providers of publicly funded child day-care may present these | 33315 |
| certificates for payment for reimbursement in accordance with | 33316 |
| rules that the director of job and family services shall adopt. | 33317 |
| Only providers may receive reimbursement for certificates for | 33318 |
| payment. The value of the certificate for payment shall be based | 33319 |
| on the lowest of the rate customarily charged by the provider, the | 33320 |
| reimbursement ceiling or rate of payment established pursuant to | 33321 |
| section 5104.30 of the Revised Code, or a rate the county | 33322 |
| department negotiates with the provider. The county department may | 33323 |
| provide the certificates for payment to the individuals or may | 33324 |
| contract with child day-care providers or child day-care resource | 33325 |
| and referral service organizations that make determinations of | 33326 |
| eligibility for publicly funded child day-care pursuant to | 33327 |
| contracts entered into under section 5104.34 of the Revised Code | 33328 |
| for the providers or resource and referral service organizations | 33329 |
| to provide the certificates for payment to individuals whom they | 33330 |
| determine are eligible for publicly funded child day-care. | 33331 |
| For each six-month period a provider of publicly funded child | 33332 |
| day-care provides publicly funded child day-care to the child of | 33333 |
| an individual given certificates for payment, the individual shall | 33334 |
| provide the provider certificates for days the provider would have | 33335 |
| provided publicly funded child day-care to the child had the child | 33336 |
| been present. County departments shall specify the maximum number | 33337 |
| of days providers will be provided certificates of payment for | 33338 |
| days the provider would have provided publicly funded child | 33339 |
| day-care had the child been present. The maximum number of days | 33340 |
| shall not exceed ten days in a six-month period during which | 33341 |
| publicly funded child day-care is provided to the child regardless | 33342 |
| of the number of providers that provide publicly funded child | 33343 |
| day-care to the child during that period. | 33344 |
| Sec. 5104.38. In addition to any other rules adopted under | 33345 |
| this chapter, the director of job and family services shall adopt | 33346 |
| rules in accordance with Chapter 119. of the Revised Code | 33347 |
| governing financial and administrative requirements for publicly | 33348 |
| funded child day-care and establishing all of the following: | 33349 |
| (A) Procedures and criteria to be used in making | 33350 |
| determinations of eligibility for publicly funded child day-care | 33351 |
| that give priority to children of families with lower incomes and | 33352 |
| procedures and criteria for eligibility for publicly funded | 33353 |
| protective day-care. The rules shall specify the maximum amount of | 33354 |
| income a family may have for initial and continued eligibility. | 33355 |
| The maximum amount shall not exceed two hundred per cent of the | 33356 |
| federal poverty line. | 33357 |
| (B) Procedures under which a county department of job and | 33358 |
| family services may, if the department, under division (A) of this | 33359 |
| section, specifies a maximum amount of income a family may have | 33360 |
| for eligibility for publicly funded child day-care that is less | 33361 |
| than the maximum amount specified in that division, specify a | 33362 |
| maximum amount of income a family residing in the county the | 33363 |
| county department serves may have for initial and continued | 33364 |
| eligibility for publicly funded child day-care that is higher than | 33365 |
| the amount specified by the department but does not exceed the | 33366 |
| maximum amount specified in division (A) of this section; | 33367 |
| (C) A schedule of fees requiring all eligible caretaker | 33368 |
| parents to pay a fee for publicly funded child day-care according | 33369 |
| to income and family size, which shall be uniform for all types of | 33370 |
| publicly funded child day-care, except as authorized by rule, and, | 33371 |
| to the extent permitted by federal law, shall permit the use of | 33372 |
| state and federal funds to pay the customary deposits and other | 33373 |
| advance payments that a provider charges all children who receive | 33374 |
| child
day-care from that provider. The schedule of fees | 33375 |
| 33376 | |
| 33377 | |
| permitted by federal law. | 33378 |
| (D) A formula based upon a percentage of the county's total | 33379 |
| expenditures for publicly funded child day-care for determining | 33380 |
| the maximum amount of state and federal funds appropriated for | 33381 |
| publicly funded child day-care that a county department may use | 33382 |
| for administrative purposes; | 33383 |
| (E) Procedures to be followed by the department and county | 33384 |
| departments in recruiting individuals and groups to become | 33385 |
| providers of child day-care; | 33386 |
| (F) Procedures to be followed in establishing state or local | 33387 |
| programs designed to assist individuals who are eligible for | 33388 |
| publicly funded child day-care in identifying the resources | 33389 |
| available to them and to refer the individuals to appropriate | 33390 |
| sources to obtain child day-care; | 33391 |
| (G) Procedures to deal with fraud and abuse committed by | 33392 |
| either recipients or providers of publicly funded child day-care; | 33393 |
| (H) Procedures for establishing a child day-care grant or | 33394 |
| loan program in accordance with the child care block grant act; | 33395 |
| (I) Standards and procedures for applicants to apply for | 33396 |
| grants and loans, and for the department to make grants and loans; | 33397 |
| (J) A definition of "person who stands in loco parentis" for | 33398 |
| the purposes of division (II)(1) of section 5104.01 of the Revised | 33399 |
| Code; | 33400 |
| (K) Procedures for a county department of job and family | 33401 |
| services to follow in making eligibility determinations and | 33402 |
| redeterminations for publicly funded child day-care available | 33403 |
| through telephone, computer, and other means at locations other | 33404 |
| than the county department; | 33405 |
| (L) Any other rules necessary to carry out sections 5104.30 | 33406 |
| to 5104.39 of the Revised Code. | 33407 |
| Sec. 5107.05. The director of job and family services shall | 33408 |
| adopt rules to implement this chapter. The rules shall be | 33409 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 33410 |
| law, the Title IV-A state plan submitted to the United States | 33411 |
| secretary of health and human services under section 5101.80 of | 33412 |
| the Revised Code, amendments to the plan, and waivers granted by | 33413 |
| the United States secretary. Rules governing eligibility, program | 33414 |
| participation, and other applicant and participant requirements | 33415 |
| shall be adopted in accordance with Chapter 119. of the Revised | 33416 |
| Code. Rules governing financial and other administrative | 33417 |
| requirements applicable to the department of job and family | 33418 |
| services and county departments of job and family services shall | 33419 |
| be adopted in accordance with section 111.15 of the Revised Code. | 33420 |
| (A) The rules shall specify, establish, or govern all of the | 33421 |
| following: | 33422 |
| (1) A payment standard for Ohio works first based on federal | 33423 |
| and state appropriations; | 33424 |
| (2) The method of determining the amount of cash assistance | 33425 |
| an assistance group receives under Ohio works first; | 33426 |
| (3) Requirements for initial and continued eligibility for | 33427 |
| Ohio works first, including requirements regarding income, | 33428 |
| citizenship, age, residence, and assistance group composition. The | 33429 |
| rules regarding income shall specify what is countable income, | 33430 |
| gross earned income, and gross unearned income for the purpose of | 33431 |
| section 5107.10 of the Revised Code. | 33432 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 33433 |
| application and verification procedures, including the minimum | 33434 |
| information an application must contain; | 33435 |
| (5) The extent to which a participant of Ohio works first | 33436 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 33437 |
| county department of job and family services of additional income | 33438 |
| not previously reported to the county department; | 33439 |
| (6) The department of job and family services providing | 33440 |
| written notice of a sanction under section 5107.161 of the Revised | 33441 |
| Code; | 33442 |
| (7) Requirements for the collection and distribution of | 33443 |
| support payments owed participants of Ohio works first pursuant to | 33444 |
| section 5107.20 of the Revised Code; | 33445 |
| (8) For the purpose of section 5107.22 of the Revised Code, | 33446 |
| what constitutes cooperating in establishing a minor child's | 33447 |
| paternity or establishing, modifying, or enforcing a child support | 33448 |
| order and good cause for failure or refusal to cooperate. The rule | 33449 |
| shall be consistent with 42 U.S.C.A. 654(29). | 33450 |
| (9) The | 33451 |
| program provided for under section 5107.30 of the Revised Code, | 33452 |
| including the definitions of "equivalent of a high school diploma" | 33453 |
| and "good cause," and the incentives provided under the LEAP | 33454 |
| program; | 33455 |
| (10) If the director implements section 5107.301 of the | 33456 |
| Revised Code, the requirements governing the award provided under | 33457 |
| that section, including the form that the award is to take and | 33458 |
| requirements an individual must satisfy to receive the award; | 33459 |
| (11) Circumstances under which a county department of job and | 33460 |
| family services may exempt a minor head of household or adult from | 33461 |
| participating in a work activity or developmental activity for all | 33462 |
| or some of the weekly hours otherwise required by section 5107.43 | 33463 |
| of the Revised Code. Circumstances shall include that a school or | 33464 |
| place of work is closed due to a holiday or weather or other | 33465 |
| emergency and that an employer grants the minor head of household | 33466 |
| or adult leave for illness or earned vacation. | 33467 |
| | 33468 |
| subsidize positions created by state agencies and political | 33469 |
| subdivisions under division (C) of section 5107.52 of the Revised | 33470 |
| Code. | 33471 |
| (B) The rules may provide that a county department of job and | 33472 |
| family services is not required to take action under section | 33473 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 33474 |
| is below an amount the department specifies. | 33475 |
| Sec. 5107.10. (A) As used in this section: | 33476 |
| (1) "Countable income," "gross earned income," and "gross | 33477 |
| unearned income" have the meanings established in rules adopted | 33478 |
| under section 5107.05 of the Revised Code. | 33479 |
| (2) "Federal poverty guidelines" has the same meaning as in | 33480 |
| section 5101.46 of the Revised Code, except that references to a | 33481 |
| person's family in the definition shall be deemed to be references | 33482 |
| to the person's assistance group. | 33483 |
| (3) "Gross income" means gross earned income and gross | 33484 |
| unearned income. | 33485 |
| | 33486 |
| the following: | 33487 |
| (a) Fifty per cent of the federal poverty guidelines; | 33488 |
| (b) The gross income maximum for initial eligibility for Ohio | 33489 |
| works first as that maximum was set by division (D)(1)(a) of this | 33490 |
| section on the day before the effective date of this amendment. | 33491 |
| (5) "Strike" means continuous concerted action in failing to | 33492 |
| report to duty; willful absence from one's position; or stoppage | 33493 |
| of work in whole from the full, faithful, and proper performance | 33494 |
| of the duties of employment, for the purpose of inducing, | 33495 |
| influencing, or coercing a change in wages, hours, terms, and | 33496 |
| other conditions of employment. "Strike" does not include a | 33497 |
| stoppage of work by employees in good faith because of dangerous | 33498 |
| or unhealthful working conditions at the place of employment that | 33499 |
| are abnormal to the place of employment. | 33500 |
| (B) Under the Ohio works first program, an assistance group | 33501 |
| shall receive, except as otherwise provided by this chapter, | 33502 |
| time-limited cash assistance. In the case of an assistance group | 33503 |
| that includes a minor head of household or adult, assistance shall | 33504 |
| be provided in accordance with the self-sufficiency contract | 33505 |
| entered into under section 5107.14 of the Revised Code. | 33506 |
| (C) To be eligible to participate in Ohio works first, an | 33507 |
| assistance group must meet all of the following requirements: | 33508 |
| (1) The assistance group, except as provided in division (E) | 33509 |
| of this section, must include at least one of the following: | 33510 |
| (a) A minor child who, except as provided in section 5107.24 | 33511 |
| of the Revised Code, resides with a parent, or specified relative | 33512 |
| caring for the child, or, to the extent permitted by Title IV-A | 33513 |
| and federal regulations adopted until Title IV-A, resides with a | 33514 |
| guardian or custodian caring for the child; | 33515 |
| (b) A parent residing with and caring for the parent's minor | 33516 |
| child who receives supplemental security income under Title XVI of | 33517 |
| the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, | 33518 |
| as amended, or federal, state, or local adoption assistance; | 33519 |
| (c) A specified relative residing with and caring for a minor | 33520 |
| child who is related to the specified relative in a manner that | 33521 |
| makes the specified relative a specified relative and receives | 33522 |
| supplemental security income or federal, state, or local foster | 33523 |
| care or adoption assistance; | 33524 |
| (d) A woman at least six months pregnant. | 33525 |
| (2) The assistance group must meet the income requirements | 33526 |
| established by division (D) of this section. | 33527 |
| (3) No member of the assistance group may be involved in a | 33528 |
| strike. | 33529 |
| (4) The assistance group must satisfy the requirements for | 33530 |
| Ohio works first established by this chapter and sections 5101.58, | 33531 |
| 5101.59, and 5101.83 of the Revised Code. | 33532 |
| (5) The assistance group must meet requirements for Ohio | 33533 |
| works first established by rules adopted under section 5107.05 of | 33534 |
| the Revised Code. | 33535 |
| (D)(1) Except as provided in division (D) | 33536 |
| section, to determine whether an assistance group is initially | 33537 |
| eligible to participate in Ohio works first, a county department | 33538 |
| of job and family services shall do the following: | 33539 |
| (a) Determine whether the assistance group's gross income | 33540 |
|
exceeds the | 33541 |
| 33542 |
| 33543 | ||||||
| 33544 | ||||||
| 33545 | ||||||
| 33546 | ||||||
| 33547 | ||||||
| 33548 | ||||||
| 33549 | ||||||
| 33550 | ||||||
| 33551 | ||||||
| 33552 | ||||||
| 33553 | ||||||
| 33554 | ||||||
| 33555 | ||||||
| 33556 | ||||||
| 33557 |
| F | 33558 |
| 33559 | |
| 33560 | |
| 33561 |
| | 33562 |
| determination, the county department shall disregard amounts that | 33563 |
| federal statutes or regulations and sections 5101.17 and 5117.10 | 33564 |
| of the Revised Code require be disregarded. The assistance group | 33565 |
| is ineligible to participate in Ohio works first if the assistance | 33566 |
| group's gross income, less the amounts disregarded, exceeds the | 33567 |
| 33568 | |
| eligibility threshold. | 33569 |
| (b) If the assistance group's gross income, less the amounts | 33570 |
| disregarded pursuant to division (D)(1)(a) of this section, does | 33571 |
|
not exceed the | 33572 |
| eligibility threshold, determine whether the assistance group's | 33573 |
| countable income is less than the payment standard. The assistance | 33574 |
| group is ineligible to participate in Ohio works first if the | 33575 |
| assistance group's countable income equals or exceeds the payment | 33576 |
| standard. | 33577 |
| (2) For the purpose of determining whether an assistance | 33578 |
| group meets the income requirement established by division | 33579 |
| (D)(1)(a) of this section, the annual revision that the United | 33580 |
| States department of health and human services makes to the | 33581 |
| federal poverty guidelines shall go into effect on the first day | 33582 |
| of July of the year for which the revision is made. | 33583 |
| (3) To determine whether an assistance group participating in | 33584 |
| Ohio works first continues to be eligible to participate, a county | 33585 |
| department of job and family services shall determine whether the | 33586 |
| assistance group's countable income continues to be less than the | 33587 |
| payment standard. In making this determination, the county | 33588 |
| department shall disregard the first two hundred fifty dollars and | 33589 |
| fifty per cent of the remainder of the assistance group's gross | 33590 |
| earned income. No amounts shall be disregarded from the assistance | 33591 |
| group's gross unearned income. The assistance group ceases to be | 33592 |
| eligible to participate in Ohio works first if its countable | 33593 |
| income, less the amounts disregarded, equals or exceeds the | 33594 |
| payment standard. | 33595 |
| | 33596 |
| Ohio works first not more than four months after ceasing to | 33597 |
| participate, a county department of job and family services shall | 33598 |
|
use the income requirement established by
division (D) | 33599 |
| this section to determine eligibility for resumed participation | 33600 |
| rather than the income requirement established by division (D)(1) | 33601 |
| of this section. | 33602 |
| (E)(1) An assistance group may continue to participate in | 33603 |
| Ohio works first even though a public children services agency | 33604 |
| removes the assistance group's minor children from the assistance | 33605 |
| group's home due to abuse, neglect, or dependency if the agency | 33606 |
| does both of the following: | 33607 |
| (a) Notifies the county department of job and family services | 33608 |
| at the time the agency removes the children that it believes the | 33609 |
| children will be able to return to the assistance group within six | 33610 |
| months; | 33611 |
| (b) Informs the county department at the end of each of the | 33612 |
| first five months after the agency removes the children that the | 33613 |
| parent, guardian, custodian, or specified relative of the children | 33614 |
| is cooperating with the case plans prepared for the children under | 33615 |
| section 2151.412 of the Revised Code and that the agency is making | 33616 |
| reasonable efforts to return the children to the assistance group. | 33617 |
| (2) An assistance group may continue to participate in Ohio | 33618 |
| works first pursuant to division (E)(1) of this section for not | 33619 |
| more than six payment months. This division does not affect the | 33620 |
| eligibility of an assistance group that includes a woman at least | 33621 |
| six months pregnant. | 33622 |
| Sec. 5107.26. (A) As used in this section: | 33623 |
| (1) "Transitional child day-care" means publicly funded child | 33624 |
| day-care provided under division (A)(3) of section 5104.34 of the | 33625 |
| Revised Code. | 33626 |
| (2) "Transitional medicaid" means the medical assistance | 33627 |
| provided under section
| 33628 |
| (B) Except as provided in division (C) of this section, each | 33629 |
| member of an assistance group participating in Ohio works first is | 33630 |
| ineligible to participate in the program for six payment months if | 33631 |
| a county department of job and family services determines that a | 33632 |
| member of the assistance group terminated the member's employment | 33633 |
| and each person who, on the day prior to the day a recipient | 33634 |
| begins to receive transitional child day-care or transitional | 33635 |
| medicaid, was a member of the recipient's assistance group is | 33636 |
| ineligible to participate in Ohio works first for six payment | 33637 |
| months if a county department determines that the recipient | 33638 |
| terminated the recipient's employment. | 33639 |
| (C) No assistance group member shall lose or be denied | 33640 |
| eligibility to participate in Ohio works first pursuant to | 33641 |
| division (B) of this section if the termination of employment was | 33642 |
| because an assistance group member or recipient of transitional | 33643 |
| child day-care or transitional medicaid secured comparable or | 33644 |
| better employment or the county department of job and family | 33645 |
| services certifies that the member or recipient terminated the | 33646 |
| employment with just cause. | 33647 |
| Just cause includes the following: | 33648 |
| (1) Discrimination by an employer based on age, race, sex, | 33649 |
| color, handicap, religious beliefs, or national origin; | 33650 |
| (2) Work demands or conditions that render continued | 33651 |
| employment unreasonable, such as working without being paid on | 33652 |
| schedule; | 33653 |
| (3) Employment that has become unsuitable due to any of the | 33654 |
| following: | 33655 |
| (a) The wage is less than the federal minimum wage; | 33656 |
| (b) The work is at a site subject to a strike or lockout, | 33657 |
| unless the strike has been enjoined under section 208 of the | 33658 |
| "Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 33659 |
| 178, as amended, an injunction has been issued under section 10 of | 33660 |
| the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as | 33661 |
| amended, or an injunction has been issued under section 4117.16 of | 33662 |
| the Revised Code; | 33663 |
| (c) The documented degree of risk to the member or | 33664 |
| recipient's health and safety is unreasonable; | 33665 |
| (d) The member or recipient is physically or mentally unfit | 33666 |
| to perform the employment, as documented by medical evidence or by | 33667 |
| reliable information from other sources. | 33668 |
| (4) Documented illness of the member or recipient or of | 33669 |
| another assistance group member of the member or recipient | 33670 |
| requiring the presence of the member or recipient; | 33671 |
| (5) A documented household emergency; | 33672 |
| (6) Lack of adequate child care for children of the member or | 33673 |
| recipient who are under six years of age. | 33674 |
| Sec. 5107.30. (A) As used in this section: | 33675 |
| (1) "Equivalent of a high school diploma" and "good cause" | 33676 |
| have the meanings established in rules adopted under section | 33677 |
| 5107.05 of the Revised Code. | 33678 |
| (2) "LEAP program" means the learning, earning, and parenting | 33679 |
| program. | 33680 |
| | 33681 |
| whom all of the following apply: | 33682 |
| (a) The individual is a participant of Ohio works
first | 33683 |
| (b) The individual is under age eighteen or is age eighteen | 33684 |
| and in school and is a natural or adoptive parent or is pregnant; | 33685 |
| (c) The individual is subject to the LEAP program's | 33686 |
| requirements. | 33687 |
| | 33688 |
| to lead to the attainment of a high school diploma or the | 33689 |
| equivalent of a high school diploma. | 33690 |
| (B) The director of job and
family services may | 33691 |
| 33692 | |
| 33693 |
| | 33694 |
| 33695 |
| | 33696 |
| 33697 | |
| rules adopted under section 5107.05 of the Revised Code. The | 33698 |
| purpose of the LEAP program is to encourage teens to complete | 33699 |
| school. | 33700 |
| | 33701 |
| 33702 | |
| with the requirements governing the LEAP program unless the | 33703 |
| participating teen shows good cause for not attending school. The | 33704 |
| department shall provide, in addition to the cash assistance | 33705 |
| payment provided under Ohio works first, an incentive payment, in | 33706 |
| an amount determined by the department, to every participating | 33707 |
| teen who | 33708 |
| in accordance with the requirements governing the LEAP program. In | 33709 |
| addition to the incentive payment, the department may provide | 33710 |
| other incentives to participating teens who attend school in | 33711 |
| accordance with the LEAP program's requirements. The department | 33712 |
| shall reduce the cash assistance payment, in an amount determined | 33713 |
| by the department, under Ohio works first to every participating | 33714 |
| teen
| 33715 |
| without good cause, to meet the LEAP program's requirements | 33716 |
| 33717 |
| | 33718 |
| 33719 | |
| with the county department of job and family services that | 33720 |
| 33721 |
| | 33722 |
| incentive
payment and other incentives, if any, under | 33723 |
| 33724 | |
| program. | 33725 |
| | 33726 |
|
payment | 33727 |
| if the participating teen meets the requirements of the LEAP | 33728 |
| program. | 33729 |
| | 33730 |
| teen's cash assistance payment under Ohio works first will be | 33731 |
| reduced if the participating teen fails or refuses without good | 33732 |
| cause to attend school in accordance with the requirements | 33733 |
| governing the LEAP program. | 33734 |
| (C) A minor head of household who is participating in the | 33735 |
| LEAP program shall be considered to be participating in a work | 33736 |
| activity for the purpose of sections 5107.40 to 5107.69 of the | 33737 |
| Revised Code. However, the minor head of household is not subject | 33738 |
| to the requirements or sanctions of those sections. | 33739 |
| (D) Subject to the availability of funds, county departments | 33740 |
| of job and family services shall provide for | 33741 |
| participating teens to receive support services the county | 33742 |
| department determines to be necessary for LEAP participation. | 33743 |
| Support services may include publicly funded child day-care under | 33744 |
| Chapter 5104. of the Revised Code, transportation, and other | 33745 |
| services. | 33746 |
| Sec. 5107.301. For the purpose of encouraging individuals | 33747 |
| who have successfully completed the requirements of the LEAP | 33748 |
| program to enroll in post-secondary education, the director of job | 33749 |
| and family services may provide an award to such individuals who | 33750 |
| enroll in post-secondary education. If provided, the award shall | 33751 |
| be provided in accordance with rules adopted under section 5107.05 | 33752 |
| of the Revised Code. | 33753 |
| Sec. 5107.58. In accordance with a federal waiver granted by | 33754 |
| the United States secretary of health and human services pursuant | 33755 |
| to a request made under former section 5101.09 of the Revised | 33756 |
| Code, county departments of job and family services may establish | 33757 |
| and administer as a work activity for minor heads of households | 33758 |
| and adults participating in Ohio works first an education program | 33759 |
| under which the participant is enrolled full-time in | 33760 |
| post-secondary education leading to vocation at a state | 33761 |
| institution of higher education, as defined in section 3345.031 of | 33762 |
| the Revised Code; a private nonprofit college or university that | 33763 |
| possesses a certificate of authorization issued by the Ohio board | 33764 |
| of regents pursuant to Chapter 1713. of the Revised Code, or is | 33765 |
| exempted by division (E) of section 1713.02 of the Revised Code | 33766 |
| from the requirement of a certificate; a school that holds a | 33767 |
| certificate of registration and program authorization issued by | 33768 |
| the state board of career colleges and schools under Chapter 3332. | 33769 |
| of the Revised Code; a private institution exempt from regulation | 33770 |
| under Chapter 3332. of the Revised Code as prescribed in section | 33771 |
| 3333.046 of the Revised Code; or a school that has entered into a | 33772 |
| contract with the county department of job and family services. | 33773 |
| The participant shall make reasonable efforts, as determined by | 33774 |
| the county department, to obtain a loan, scholarship, grant, or | 33775 |
| other assistance to pay for the tuition, including a federal Pell | 33776 |
| grant
under 20
U.S.C.A.
1070a | 33777 |
| under section 3333.12 of the Revised Code, and an Ohio college | 33778 |
| opportunity grant under section 3333.122 of the Revised Code. If | 33779 |
| the participant has made reasonable efforts but is unable to | 33780 |
| obtain sufficient assistance to pay the tuition the program may | 33781 |
| pay the tuition. On or after October 1, 1998, the county | 33782 |
| department may enter into a loan agreement with the participant to | 33783 |
| pay the tuition. The total period for which tuition is paid and | 33784 |
| loans made shall not exceed two years. If the participant, | 33785 |
| pursuant to division (B)(3) of section 5107.43 of the Revised | 33786 |
| Code, volunteers to participate in the education program for more | 33787 |
| hours each week than the participant is assigned to the program, | 33788 |
| the program may pay or the county department may loan the cost of | 33789 |
| the tuition for the additional voluntary hours as well as the cost | 33790 |
| of the tuition for the assigned number of hours. The participant | 33791 |
| may receive, for not more than three years, support services, | 33792 |
| including publicly funded child day-care under Chapter 5104. of | 33793 |
| the Revised Code and transportation, that the participant needs to | 33794 |
| participate in the program. To receive support services in the | 33795 |
| third year, the participant must be, as determined by the | 33796 |
| educational institution in which the participant is enrolled, in | 33797 |
| good standing with the institution. | 33798 |
| A county department that provides loans under this section | 33799 |
| shall establish procedures governing loan application for and | 33800 |
| approval and administration of loans granted pursuant to this | 33801 |
| section. | 33802 |
| Sec. 5110.01. As used in this chapter: | 33803 |
| (A) "Administrative fee" means the amount specified in rules | 33804 |
| adopted under division (G) of section 5110.35 of the Revised Code. | 33805 |
| (B) "Children's health insurance program" means the | 33806 |
| children's health insurance program part I and part II established | 33807 |
| under sections 5101.50 to 5101.5110 of the Revised Code. | 33808 |
| (C) | 33809 |
| 33810 |
| | 33811 |
| established under Chapter 5111. of the Revised Code. | 33812 |
| | 33813 |
| registered for a drug pursuant to the listing system established | 33814 |
| by the United States food and drug administration under the "Drug | 33815 |
| Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended. | 33816 |
| | 33817 |
| entity, if any, the department of job and family services | 33818 |
| contracts with pursuant to section 5110.10 of the Revised Code to | 33819 |
| perform administrative functions of the Ohio's best Rx program and | 33820 |
| to offer the mail order system through which Ohio's best Rx | 33821 |
| program participants may obtain drugs by mail. | 33822 |
| | 33823 |
| means an individual who signs an application for the Ohio's best | 33824 |
| Rx program and submits it to the department of job and family | 33825 |
| services, or the Ohio's best Rx program administrator, for a | 33826 |
| determination of eligibility for the program. | 33827 |
| | 33828 |
| means an individual determined eligible for the Ohio's best Rx | 33829 |
| program and included under a valid Ohio's best Rx program | 33830 |
| enrollment card. | 33831 |
| | 33832 |
| participating terminal distributor is to charge an Ohio's best Rx | 33833 |
| program participant for a drug included in the Ohio's best Rx | 33834 |
| program as determined under section 5110.14 of the Revised Code. | 33835 |
| "Ohio's best Rx program price" does not include either of the | 33836 |
| following: | 33837 |
| (1) The amount of the professional fee, if any, the | 33838 |
| participating terminal distributor adds to the Ohio's best Rx | 33839 |
| program price pursuant to an agreement under section 5110.12 of | 33840 |
| the Revised Code; | 33841 |
| (2) The amount of the administrative fee, if any, the | 33842 |
| department of job and family services reports to the participating | 33843 |
| terminal distributor under section 5110.29 of the Revised Code. | 33844 |
| | 33845 |
| participating in the Ohio's best Rx program pursuant to a rebate | 33846 |
| agreement. | 33847 |
| | 33848 |
| distributor of dangerous drugs participating in the Ohio's best Rx | 33849 |
| program pursuant to an agreement entered into with the department | 33850 |
| of job and family services under section 5110.12 of the Revised | 33851 |
| Code. | 33852 |
| | 33853 |
| benefit plan or state retirement system health benefit plan, means | 33854 |
| the total amount paid to a terminal distributor of dangerous drugs | 33855 |
| under a state health benefit plan or state retirement system | 33856 |
| health benefit plan for one unit of a drug covered by the plan, | 33857 |
| after the plan discounts or otherwise reduces the amount to be | 33858 |
| paid to the terminal distributor. "Per unit price" includes both | 33859 |
| of the following: | 33860 |
| (1) The amount that the state health benefit plan or state | 33861 |
| retirement system health benefit plan, or other government entity | 33862 |
| or person authorized to make the payment on behalf of the plan, | 33863 |
| pays to the terminal distributor of dangerous drugs; | 33864 |
| (2) The amount that the beneficiary of the state health | 33865 |
| benefit plan or state retirement system health benefit plan pays | 33866 |
| to the terminal distributor of dangerous drugs in the form of a | 33867 |
| copayment, coinsurance, or other cost-sharing charge. | 33868 |
| | 33869 |
| benefit plan or state retirement system health benefit plan, means | 33870 |
| all rebates, discounts, formulary fees, administrative fees, and | 33871 |
| other allowances a drug manufacturer pays to the plan, or other | 33872 |
| government entity or person authorized to receive all or part of | 33873 |
| such payments, for a drug during a calendar year, divided by the | 33874 |
| total number of units of that drug dispensed under the plan during | 33875 |
| the same calendar year. | 33876 |
| | 33877 |
| percentage specified in rules adopted under division (K) of | 33878 |
| section 5110.35 of the Revised Code. | 33879 |
| | 33880 |
| 5110.21 of the Revised Code between the department of job and | 33881 |
| family services and a drug manufacturer. | 33882 |
| | 33883 |
| care benefits offered through the Ohio med preferred provider | 33884 |
| organization, or a successor entity selected by the state, to | 33885 |
| which either of the following apply: | 33886 |
| (1) It is provided by a collective bargaining agreement | 33887 |
| authorized by division (A)(4) of section 4117.03 of the Revised | 33888 |
| Code. | 33889 |
| (2) It is offered by the department of administrative | 33890 |
| services to state employees in accordance with section 124.81 or | 33891 |
| 124.82 of the Revised Code. | 33892 |
| | 33893 |
| the public employees retirement system, state teachers retirement | 33894 |
| system, school employees retirement system, Ohio police and fire | 33895 |
| pension fund, and state highway patrol retirement system. | 33896 |
| | 33897 |
| plan of health care benefits offered by a state retirement system | 33898 |
| under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the | 33899 |
| Revised Code. | 33900 |
| | 33901 |
| meaning as in section 4729.01 of the Revised Code. | 33902 |
| | 33903 |
| 3901.38 of the Revised Code. | 33904 |
| | 33905 |
| 1333.61 of the Revised Code. | 33906 |
| | 33907 |
| participating terminal distributor or the Ohio's best Rx program | 33908 |
| administrator charges for a drug included in the program to an | 33909 |
| individual who does not receive a discounted price for the drug | 33910 |
| pursuant to any drug discount program, including the Ohio's best | 33911 |
| Rx program, a prescription drug discount card program established | 33912 |
| under section 173.061 of the Revised Code, or a pharmacy | 33913 |
| assistance program established by any person or government entity, | 33914 |
| and for whom no third-party payer or program funded in whole or | 33915 |
| part with state or federal funds is responsible for all or part of | 33916 |
| the cost of the drug the distributor dispenses to the individual. | 33917 |
| Sec. 5110.05. (A) To be eligible for the Ohio's best Rx | 33918 |
| program, an individual must meet all of the following requirements | 33919 |
| at the time of application or reapplication for the program: | 33920 |
| (1) Be a resident of this state; | 33921 |
| (2) Have family income, as determined under rules adopted | 33922 |
| pursuant to section 5110.35 of the Revised Code, that does not | 33923 |
| exceed two hundred fifty per cent of the federal poverty | 33924 |
| guidelines, as revised annually by the United States department of | 33925 |
| health and human services in accordance with section 673(2) of the | 33926 |
| "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 33927 |
| U.S.C. 9902, as amended, or be sixty years of age or older; | 33928 |
| (3) Not have outpatient prescription drug coverage paid for | 33929 |
| in whole or in part by any of the following: | 33930 |
| (a) A third-party payer; | 33931 |
| (b) The medicaid program; | 33932 |
| (c) The children's health insurance program; | 33933 |
| (d) | 33934 |
| | 33935 |
| uses state or federal funds to pay part or all of the cost of the | 33936 |
| individual's outpatient prescription drugs, other than a | 33937 |
| prescription drug discount card program established under section | 33938 |
| 173.061 of the Revised Code. | 33939 |
| (4) Not have had outpatient prescription drug coverage | 33940 |
| specified in division (A)(3) of this section during any of the | 33941 |
| four months preceding the month in which the application or | 33942 |
| reapplication for the Ohio's best Rx program is made, unless any | 33943 |
| of the following applies: | 33944 |
| (a) The individual is sixty years of age or older. | 33945 |
| (b) The third-party payer that paid all or part of the | 33946 |
| coverage filed for bankruptcy under federal bankruptcy laws. | 33947 |
| (c) The individual is no longer eligible for coverage | 33948 |
| provided through a retirement plan subject to protection under the | 33949 |
| "Employee Retirement Income Security Act of 1974," 88 Stat. 832, | 33950 |
| 29 U.S.C. 1001, as amended. | 33951 |
| (d) The individual is no longer eligible for the medicaid | 33952 |
| program | 33953 |
| 33954 |
| (B) Application and annual reapplication for the Ohio's best | 33955 |
| Rx program shall be made in accordance with rules adopted under | 33956 |
| section 5110.35 of the Revised Code on a form prescribed in those | 33957 |
| rules. An individual may apply or reapply on behalf of the | 33958 |
| individual and the individual's spouse and children. The guardian | 33959 |
| or custodian of an individual may apply or reapply on behalf of | 33960 |
| the individual. | 33961 |
| Sec. 5110.352. As used in this section, "medicaid dispensing | 33962 |
| fee" means the dispensing fee established under section | 33963 |
| 5111.07 of the Revised Code for the medicaid program. | 33964 |
| In adopting a rule under division (F) of section 5110.35 of | 33965 |
| the Revised Code increasing the maximum amount of the professional | 33966 |
| fee participating terminal distributors may charge Ohio's best Rx | 33967 |
| program participants under section 5110.12 of the Revised Code and | 33968 |
| the Ohio's best Rx program administrator may charge under a | 33969 |
| contract entered into under section 5110.10 of the Revised Code, | 33970 |
| the department of job and family services shall review the amount | 33971 |
| of the professional fee once a year or, at the department's | 33972 |
| discretion, at more frequent intervals and shall not increase the | 33973 |
| professional fee to an amount exceeding the medicaid dispensing | 33974 |
| fee. | 33975 |
| A participating terminal distributor and the Ohio's best Rx | 33976 |
| program administrator may charge a maximum three dollar | 33977 |
| professional fee regardless of whether the medicaid dispensing fee | 33978 |
| for that drug is less than that amount. The department, however, | 33979 |
| may not adopt a rule increasing the maximum professional fee for | 33980 |
| that drug until the medicaid dispensing fee for that drug exceeds | 33981 |
| that amount. | 33982 |
| | 33983 |
| family
services may
provide medical assistance under | 33984 |
| 33985 | |
| 33986 | |
| 33987 | |
| federal funds are provided for such assistance, to each former | 33988 |
| participant of the Ohio works first program established under | 33989 |
| Chapter 5107. of the Revised Code who meets all of the following | 33990 |
| requirements: | 33991 |
| (1) Is ineligible to participate in Ohio works first solely | 33992 |
| as a result of increased income due to employment; | 33993 |
| (2) Is not covered by, and does not have access to, medical | 33994 |
| insurance coverage through the employer with benefits comparable | 33995 |
| to those provided under this section, as determined in accordance | 33996 |
| with rules adopted by the director of job and family services | 33997 |
| under division (B) of this section; | 33998 |
| (3) Meets any other requirement established by rule adopted | 33999 |
| under division (B) of this section. | 34000 |
| (B) The director of job and family services shall adopt such | 34001 |
| rules under Chapter 119. of the Revised Code as are necessary to | 34002 |
| implement and administer the medical assistance program under this | 34003 |
| section. | 34004 |
| (C) A person seeking to participate in a program of medical | 34005 |
| assistance under this section shall apply to the county department | 34006 |
| of job and family services in the county in which the applicant | 34007 |
| resides. The application shall be made on a form prescribed by the | 34008 |
| department of job and family services and furnished by the county | 34009 |
| department. | 34010 |
| (D) If the county department of job and family services | 34011 |
| determines that a person is eligible to receive medical assistance | 34012 |
| under this section, the department shall provide assistance, to | 34013 |
| the same extent and in the same manner as medical assistance is | 34014 |
| provided to a person eligible for medical assistance pursuant to | 34015 |
| division (A)(1)(a) of section 5111.01 of the Revised Code, for no | 34016 |
| longer than twelve months, beginning the month after the date the | 34017 |
| participant's eligibility for Ohio works first is terminated. | 34018 |
| Sec. 5111.019. (A) The director of job and family services | 34019 |
| shall submit to the United States secretary of health and human | 34020 |
| services an amendment to the state medicaid plan to make an | 34021 |
| individual who meets all of the following requirements eligible | 34022 |
| for medicaid for the amount of time provided by division (B) of | 34023 |
| this section: | 34024 |
| (1) The individual is the parent of a child under nineteen | 34025 |
| years of age and resides with the child; | 34026 |
| (2) The individual's family income does not exceed | 34027 |
| 34028 |
| (3) The individual is not otherwise eligible for medicaid; | 34029 |
| (4) The individual satisfies all relevant requirements | 34030 |
| established by rules adopted under division (D) of section 5111.01 | 34031 |
| of the Revised Code. | 34032 |
| (B) An individual is eligible to receive medicaid under this | 34033 |
| section for a period that does not exceed two years beginning on | 34034 |
| the date on which eligibility is established. | 34035 |
| | 34036 |
| 34037 | |
| 34038 | |
| 34039 | |
| 34040 | |
| 34041 | |
| 34042 | |
| 34043 |
| Sec. 5111.02. (A) As used in this chapter, "state medicaid | 34044 |
| plan service" means a service covered by the medicaid program | 34045 |
| pursuant to the state medicaid plan, or an amendment to the plan, | 34046 |
| approved by the United States secretary of health and human | 34047 |
| services. "State medicaid plan service" does not include either of | 34048 |
| the following because they are not included in the state medicaid | 34049 |
| plan or an amendment to the plan: | 34050 |
| (1) Services provided under the care management system | 34051 |
| established under section 5111.16 of the Revised Code; | 34052 |
| (2) Services provided under a medicaid waiver component as | 34053 |
| defined in section 5111.85 of the Revised Code. | 34054 |
| (B) The director of job and family services shall adopt, and | 34055 |
| may amend or rescind, rules under Chapter 119. of the Revised Code | 34056 |
| establishing the amount, duration, and scope of state medicaid | 34057 |
| plan services. The rules shall be consistent with federal and | 34058 |
| state law and the state medicaid plan, and amendments to the plan, | 34059 |
| approved by the United States secretary of health and human | 34060 |
| services. The rules may be different for different state medicaid | 34061 |
| plan services. The rules shall establish all of the following: | 34062 |
| (1) The conditions under which the medicaid program shall | 34063 |
| cover and reimburse state medicaid plan services; | 34064 |
| (2) The method of reimbursement applicable to each state | 34065 |
| medicaid plan service; | 34066 |
| (3) The amount of reimbursement or, in lieu of amounts, | 34067 |
| methods by which amounts are to be determined for each state | 34068 |
| medicaid plan service; | 34069 |
| (4) Procedures for enforcing the rules adopted under this | 34070 |
| section that provide due process protections, including procedures | 34071 |
| for corrective action plans for, and imposing financial and | 34072 |
| administrative sanctions on, persons and government entities that | 34073 |
| violate the rules. | 34074 |
| | 34075 |
| medicaid program: | 34076 |
| | 34077 |
| regulation and at the department's discretion, reimbursement by | 34078 |
| the department of job and family services to a medical provider | 34079 |
| for any medical service rendered under the program shall not | 34080 |
| exceed the authorized reimbursement level for the same service | 34081 |
| under the medicare program established under Title XVIII of the | 34082 |
|
"Social Security Act," | 34083 |
|
U.S.C. | 34084 |
| | 34085 |
| charges shall not exceed the customary and usual fee for | 34086 |
| laboratory profiles. | 34087 |
| | 34088 |
|
rendered by a medicaid provider under the | 34089 |
| medicaid program any amounts the provider owes the state as the | 34090 |
| result of
incorrect | 34091 |
| department has made to the provider. | 34092 |
| | 34093 |
| accordance with the applicable requirements set forth in federal | 34094 |
| laws and regulations and determine any amounts the provider may | 34095 |
| owe the state. When conducting final fiscal audits, the department | 34096 |
| shall consider generally accepted auditing standards, which | 34097 |
| include the use of statistical sampling. | 34098 |
| | 34099 |
|
which
reimbursement is made on behalf of a medicaid recipient | 34100 |
| 34101 | |
| diagnostic-related-group prospective payment system shall not | 34102 |
| exceed thirty days during a period beginning on the day of the | 34103 |
| recipient's admission to the hospital and ending sixty days after | 34104 |
| the termination of that hospital stay, except that the department | 34105 |
| may make exceptions to this limitation. The limitation does not | 34106 |
| apply to children participating in the program for medically | 34107 |
| handicapped children established under section 3701.023 of the | 34108 |
| Revised Code. | 34109 |
| | 34110 |
| 34111 | |
| 34112 | |
| 34113 | |
| 34114 | |
| 34115 | |
| 34116 | |
| 34117 | |
| 34118 | |
| 34119 | |
| 34120 |
| | 34121 |
| collaborating physician or podiatrist and a clinical nurse | 34122 |
| specialist, certified nurse-midwife, or certified nurse | 34123 |
| practitioner for services performed by the nurse shall be | 34124 |
| determined and agreed on by the nurse and collaborating physician | 34125 |
| or podiatrist. In no case shall reimbursement exceed the payment | 34126 |
| that the physician or podiatrist would have received had the | 34127 |
| physician or podiatrist provided the entire service. | 34128 |
| | 34129 |
| medicaid program, any amount determined to be owed the state by a | 34130 |
| final fiscal audit
conducted pursuant to division | 34131 |
| section | 34132 |
| an adjudication order pursuant to Chapter 119. of the Revised Code | 34133 |
| that contains a finding that there is a preponderance of the | 34134 |
| evidence that the provider will liquidate assets or file | 34135 |
| bankruptcy in order to prevent payment of the amount determined to | 34136 |
| be owed the state, becomes a lien upon the real and personal | 34137 |
| property of the provider. Upon failure of the provider to pay the | 34138 |
| amount to the state, the director of job and family services shall | 34139 |
| file notice of the lien, for which there shall be no charge, in | 34140 |
| the office of the county recorder of the county in which it is | 34141 |
| ascertained that the provider owns real or personal property. The | 34142 |
| director shall notify the provider by mail of the lien, but | 34143 |
| absence of proof that the notice was sent does not affect the | 34144 |
| validity of the lien. The lien is not valid as against the claim | 34145 |
| of any mortgagee, pledgee, purchaser, judgment creditor, or other | 34146 |
| lienholder of record at the time the notice is filed. | 34147 |
| If the provider acquires real or personal property after | 34148 |
| notice of the lien is filed, the lien shall not be valid as | 34149 |
| against the claim of any mortgagee, pledgee, subsequent bona fide | 34150 |
| purchaser for value, judgment creditor, or other lienholder of | 34151 |
| record to such after-acquired property unless the notice of lien | 34152 |
| is refiled after the property is acquired by the provider and | 34153 |
| before the competing lien attaches to the after-acquired property | 34154 |
| or before the conveyance to the subsequent bona fide purchaser for | 34155 |
| value. | 34156 |
| When the amount has been paid, the provider may record with | 34157 |
| the recorder notice of the payment. For recording such notice of | 34158 |
| payment, the recorder shall charge and receive from the provider a | 34159 |
| base fee of one dollar for services and a housing trust fund fee | 34160 |
| of one dollar pursuant to section 317.36 of the Revised Code. | 34161 |
| In the event of a distribution of a provider's assets | 34162 |
| pursuant to an order of any court under the law of this state | 34163 |
| including any receivership, assignment for benefit of creditors, | 34164 |
| adjudicated insolvency, or similar proceedings, amounts then or | 34165 |
| thereafter due the state under this chapter have the same priority | 34166 |
| as provided by law for the payment of taxes due the state and | 34167 |
| shall be paid out of the receivership trust fund or other such | 34168 |
| trust fund in the same manner as provided for claims for unpaid | 34169 |
| taxes due the state. | 34170 |
| If the attorney general finds after investigation that any | 34171 |
| amount due the state under this chapter is uncollectable, in whole | 34172 |
| or in part, the attorney general shall recommend to the director | 34173 |
| the cancellation of all or part of the claim. The director may | 34174 |
| thereupon effect the cancellation. | 34175 |
| | 34176 |
| (1) "Community mental health facility" means a community | 34177 |
| mental health facility that has a quality assurance program | 34178 |
| accredited by the joint commission on accreditation of healthcare | 34179 |
| organizations or is certified by the department of mental health | 34180 |
| or department of job and family services. | 34181 |
| (2) "Mental health professional" means a person qualified to | 34182 |
| work with mentally ill persons under the standards established by | 34183 |
| the director of mental health pursuant to section 5119.611 of the | 34184 |
| Revised Code. | 34185 |
| (B) The state medicaid plan shall include provision of the | 34186 |
| following mental health services when provided by community mental | 34187 |
| health facilities: | 34188 |
| (1) Outpatient mental health services, including, but not | 34189 |
| limited to, preventive, diagnostic, therapeutic, rehabilitative, | 34190 |
| and palliative interventions rendered to individuals in an | 34191 |
| individual or group setting by a mental health professional in | 34192 |
| accordance with a plan of treatment appropriately established, | 34193 |
| monitored, and reviewed; | 34194 |
| (2) Partial-hospitalization mental health services of three | 34195 |
| to fourteen hours per service day, rendered by persons directly | 34196 |
| supervised by a mental health professional; | 34197 |
| (3) Unscheduled, emergency mental health services of a kind | 34198 |
| ordinarily provided to persons in crisis when rendered by persons | 34199 |
| supervised by a mental health professional; | 34200 |
| (4) Subject to receipt of federal approval, assertive | 34201 |
| community treatment and intensive home-based mental health | 34202 |
| services. | 34203 |
| (C) The comprehensive annual plan shall certify the | 34204 |
| availability of sufficient unencumbered community mental health | 34205 |
| state subsidy and local funds to match federal medicaid | 34206 |
| reimbursement funds earned by community mental health facilities. | 34207 |
| (D) The department of job and family services shall enter | 34208 |
| into a separate contract with the department of mental health | 34209 |
| under section 5111.91 of the Revised Code with regard to the | 34210 |
| component of the medicaid program provided for by this section. | 34211 |
| (E) Not later than July 21, 2004, the department of job and | 34212 |
| family services shall request federal approval to provide | 34213 |
| assertive community treatment and intensive home-based mental | 34214 |
| health services under medicaid pursuant to this section. | 34215 |
| (F) On receipt of federal approval sought under division (E) | 34216 |
| of this section, the director of job and family services shall | 34217 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 34218 |
| for assertive community treatment and intensive home-based mental | 34219 |
| health services provided under medicaid pursuant to this section. | 34220 |
| The director shall consult with the department of mental health in | 34221 |
| adopting the rules. | 34222 |
| Sec. 5111.025. (A) In rules adopted under section 5111.02 of | 34223 |
| the Revised Code, the director of job and family services shall | 34224 |
| modify the manner or establish a new manner in which the following | 34225 |
| are paid under medicaid: | 34226 |
| (1) Community mental health facilities for providing mental | 34227 |
| health services included in the state medicaid plan pursuant to | 34228 |
| section | 34229 |
| (2) Providers of alcohol and drug addiction services for | 34230 |
| providing alcohol and drug addiction services included in the | 34231 |
| medicaid program pursuant to rules adopted under section 5111.02 | 34232 |
| of the Revised Code. | 34233 |
| (B) The director's authority to modify the manner, or to | 34234 |
| establish a new manner, for medicaid to pay for the services | 34235 |
| specified in division (A) of this section is not limited by any | 34236 |
| rules adopted under section 5111.02 or 5119.61 of the Revised Code | 34237 |
| that are in effect on | 34238 |
| 2003, and govern the way medicaid pays for those services. This is | 34239 |
| the case regardless of what state agency adopted the rules. | 34240 |
| Sec. 5111.042. The departments of mental retardation and | 34241 |
| developmental disabilities and job and family services may | 34242 |
| approve, reduce, deny, or terminate a service included in the | 34243 |
| individualized service plan developed for a medicaid recipient | 34244 |
| with mental retardation or other developmental disability who is | 34245 |
|
eligible for medicaid case management services. | 34246 |
| 34247 | |
| 34248 | |
| 34249 | |
| department approves, reduces, denies, or terminates a service, | 34250 |
| that department shall timely notify the medicaid recipient that | 34251 |
| the recipient may request a hearing under section 5101.35 of the | 34252 |
| Revised Code. | 34253 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 34254 |
| 5111.061 and 5111.062 of the Revised Code: | 34255 |
| (a) "Provider" means any person, institution, or entity that | 34256 |
| furnishes medicaid services under a provider agreement with the | 34257 |
| department of job and family services pursuant to Title XIX of the | 34258 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 34259 |
| amended. | 34260 |
| (b) "Party" has the same meaning as in division (G) of | 34261 |
| section 119.01 of the Revised Code. | 34262 |
| (c) "Adjudication" has the same meaning as in division (D) of | 34263 |
| section 119.01 of the Revised Code. | 34264 |
| (2) This section does not apply to any action taken by the | 34265 |
| department of job and family services under sections 5111.35 to | 34266 |
| 5111.62 of the Revised Code. | 34267 |
| (B) Except as provided in division (D) of this section and | 34268 |
| section 5111.914 of the Revised Code, the department shall do | 34269 |
| either of the following by issuing an order pursuant to an | 34270 |
| adjudication conducted in accordance with Chapter 119. of the | 34271 |
| Revised Code: | 34272 |
| (1) Enter into or refuse to enter into a provider agreement | 34273 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 34274 |
| an existing provider agreement with a provider; | 34275 |
| (2) Take any action based upon a final fiscal audit of a | 34276 |
| provider. | 34277 |
| (C) Any party who is adversely affected by the issuance of an | 34278 |
| adjudication order under division (B) of this section may appeal | 34279 |
| to the court of common pleas of Franklin county in accordance with | 34280 |
| section 119.12 of the Revised Code. | 34281 |
| (D) The department is not required to comply with division | 34282 |
| (B)(1) of this section whenever any of the following occur: | 34283 |
| (1) The terms of a provider agreement require the provider to | 34284 |
| have a license, permit, or certificate issued by an official, | 34285 |
| board, commission, department, division, bureau, or other agency | 34286 |
| of state government other than the department of job and family | 34287 |
| services, and the license, permit, or certificate has been denied | 34288 |
| or revoked. | 34289 |
| (2) The provider agreement is denied, terminated, or not | 34290 |
| renewed pursuant to division (C) or (E) of section 5111.03 of the | 34291 |
| Revised Code; | 34292 |
| (3) The provider agreement is denied, terminated, or not | 34293 |
| renewed due to the provider's termination, suspension, or | 34294 |
| exclusion from the medicare program established under Title XVIII | 34295 |
| of the "Social Security Act," and the termination, suspension, or | 34296 |
| exclusion is binding on the provider's participation in the | 34297 |
| medicaid program; | 34298 |
| (4) The provider agreement is denied, terminated, or not | 34299 |
| renewed due to the provider's pleading guilty to or being | 34300 |
| convicted of a criminal activity materially related to either the | 34301 |
| medicare or medicaid program; | 34302 |
| (5) The provider agreement is denied, terminated, or | 34303 |
| suspended as a result of action by the United States department of | 34304 |
| health and human services and that action is binding on the | 34305 |
| provider's participation in the medicaid program; | 34306 |
| (6) The provider agreement is terminated or not renewed | 34307 |
| because the provider has not billed or otherwise submitted a | 34308 |
| medicaid claim to the department for two years or longer, and the | 34309 |
| department has determined that the provider has moved from the | 34310 |
| address on record with the department without leaving an active | 34311 |
| forwarding address with the department. | 34312 |
| In the case of a provider described in division (D)(6) of | 34313 |
| this section, the department may terminate or not renew the | 34314 |
| provider agreement by sending a notice explaining the department's | 34315 |
| proposed action to the address on record with the department. The | 34316 |
| notice may be sent by regular mail. | 34317 |
| (E) The department may withhold payments for services | 34318 |
| rendered by a medicaid provider under the medical assistance | 34319 |
| program during the pendency of proceedings initiated under | 34320 |
| division (B)(1) of this section. If the proceedings are initiated | 34321 |
| under division (B)(2) of this section, the department may withhold | 34322 |
| payments only to the extent that they equal amounts determined in | 34323 |
| a final fiscal audit as being due the state. This division does | 34324 |
| not apply if the department fails to comply with section 119.07 of | 34325 |
| the Revised Code, requests a continuance of the hearing, or does | 34326 |
| not issue a decision within thirty days after the hearing is | 34327 |
| completed. This division does not apply to nursing facilities and | 34328 |
| intermediate care facilities for the mentally retarded as defined | 34329 |
| in section 5111.20 of the Revised Code. | 34330 |
| Sec. 5111.061. (A) The department of job and family services | 34331 |
| may recover, at any time, a medicaid payment or portion of a | 34332 |
| payment made to a provider to which the provider is not entitled. | 34333 |
| Among the overpayments that may be recovered under this section | 34334 |
| are the following: | 34335 |
| (1) Payment for a service, or a day of service, not rendered; | 34336 |
| (2) Payment for a day of service at a full per diem rate that | 34337 |
| should have been paid at a percentage of the full per diem rate; | 34338 |
| (3) Payment of a service, or day of service, that was paid | 34339 |
| by, or partially paid by, a third-party payer, as defined in | 34340 |
| section 3901.38 of the Revised Code, and the payment or partial | 34341 |
| payment was not offset against the amount paid by the medicaid | 34342 |
| program to reduce or eliminate the amount that was paid by the | 34343 |
| medicaid program; | 34344 |
| (4) Payment when a medicaid recipient's responsibility for | 34345 |
| payment was understated and resulted in an overpayment to the | 34346 |
| provider. | 34347 |
| (B) The department is authorized to recover overpayments | 34348 |
| under this section prior to or after any of the following: | 34349 |
| (1) Adjudication of a final fiscal audit that section 5111.06 | 34350 |
| of the Revised Code requires to be conducted in accordance with | 34351 |
| Chapter 119. of the Revised Code; | 34352 |
| (2) Adjudication of a finding under any other provision of | 34353 |
| this chapter or the rules adopted under it; | 34354 |
| (3) Expiration of the time to issue a final fiscal audit that | 34355 |
| section 5111.06 of the Revised Code requires to be conducted in | 34356 |
| accordance with Chapter 119. of the Revised Code; | 34357 |
| (4) Expiration of the time to issue a finding under any other | 34358 |
| provision of this chapter or the rules adopted under it. | 34359 |
| (C)(1) Subject to division (C)(2) of this section, the | 34360 |
| recovery of an overpayment under this section does not preclude | 34361 |
| the department from subsequently doing the following: | 34362 |
| (a) Issuing a final fiscal audit in accordance with Chapter | 34363 |
| 119. of the Revised Code, as required under section 5111.06 of the | 34364 |
| Revised Code; | 34365 |
| (b) Issuing a finding under any other provision of this | 34366 |
| chapter or the rules adopted under it. | 34367 |
| (2) A final fiscal audit or finding issued subsequent to the | 34368 |
| recovery of an overpayment under this section shall be reduced by | 34369 |
| the amount of the prior recovery, as appropriate. | 34370 |
| (D) Nothing in this section limits the department's authority | 34371 |
| to recover overpayments pursuant to any other provision of the | 34372 |
| Revised Code. | 34373 |
| Sec. 5111.062. In any action taken by the department of job | 34374 |
| and family services under section 5111.06 or 5111.061 of the | 34375 |
| Revised Code or any other provision of this chapter that requires | 34376 |
| the department to give notice of an opportunity for a hearing in | 34377 |
| accordance with Chapter 119. of the Revised Code, if the | 34378 |
| department gives notice of the opportunity for a hearing but the | 34379 |
| provider or other entity subject to the notice does not request a | 34380 |
| hearing or timely request a hearing in accordance with section | 34381 |
| 119.07 of the Revised Code, the department is not required to hold | 34382 |
| a hearing. The director of job and family service may proceed by | 34383 |
| issuing a final adjudication order in accordance with Chapter 119. | 34384 |
| of the Revised Code. | 34385 |
| | 34386 |
| every second December thereafter, the director of job and family | 34387 |
| services shall establish a dispensing fee, effective the following | 34388 |
| January, for licensed pharmacists who are providers under this | 34389 |
| chapter. | 34390 |
| 34391 | |
| 34392 |
| Sec. 5111.082. The director of job and family services, in | 34393 |
| rules adopted under section 5111.02 of the Revised Code, may | 34394 |
| establish and implement a supplemental drug rebate program under | 34395 |
| which drug manufacturers may be required to provide the department | 34396 |
| of job and family services a supplemental rebate as a condition of | 34397 |
| having the drug manufacturers' drug products covered by the | 34398 |
| medicaid program without prior approval. If necessary, the | 34399 |
| director may apply to the United States secretary of health and | 34400 |
| human services for a waiver of federal statutes and regulations to | 34401 |
| establish the supplemental drug rebate program. | 34402 |
| If the director establishes a supplemental drug rebate | 34403 |
| program, the director shall consult with drug manufacturers | 34404 |
| regarding the establishment and implementation of the program. | 34405 |
| | 34406 |
| 34407 | |
| 34408 | |
| 34409 | |
| 34410 |
| | 34411 |
| 34412 | |
| 34413 |
| | 34414 |
| 34415 |
| Sec. 5111.10. The director of job and family services may | 34416 |
| conduct reviews of the medicaid program. The reviews may include | 34417 |
| physical inspections of records and sites where medicaid-funded | 34418 |
| services are provided and interviews of providers and recipients | 34419 |
| of the services. If the director determines pursuant to a review | 34420 |
| that a person or government entity has violated a rule governing | 34421 |
| the medicaid program, the director may establish a corrective | 34422 |
| action plan for the violator and impose fiscal, administrative, or | 34423 |
| both types of sanctions on the violator in accordance with rules | 34424 |
| governing the medicaid program. Such action to be taken against a | 34425 |
| responsible entity, as defined in section 5101.24 of the Revised | 34426 |
| Code, shall be taken in accordance with that section. | 34427 |
| Sec. 5111.11. (A) As used in this section | 34428 |
| 34429 |
| (1) "Estate" includes both of the following: | 34430 |
| (a) All real and personal property and other assets to be | 34431 |
| administered under Title XXI of the Revised Code and property that | 34432 |
| would be administered under that title if not for section 2113.03 | 34433 |
| or 2113.031 of the Revised Code; | 34434 |
| (b) Any other real and personal property and other assets in | 34435 |
| which an individual had any legal title or interest at the time of | 34436 |
| death (to the extent of the interest), including assets conveyed | 34437 |
| to a survivor, heir, or assign of the individual through joint | 34438 |
| tenancy, tenancy in common, survivorship, life estate, living | 34439 |
| trust, or other arrangement. | 34440 |
| (2) "Institution" means a nursing facility, intermediate care | 34441 |
| facility for the mentally retarded, or a medical institution. | 34442 |
| (3) "Institutionalized individual" means an individual to | 34443 |
| whom all of the following apply: | 34444 |
| (a) Is an inpatient in an institution; | 34445 |
| (b) Is required, as a condition of the medicaid program | 34446 |
| paying for the individual's services in the institution, to spend | 34447 |
| for costs of medical or nursing care all of the individual's | 34448 |
| income except for an amount for personal needs specified by the | 34449 |
| department of job and family services; | 34450 |
| (c) Cannot reasonably be expected to be discharged from the | 34451 |
| institution and return home. | 34452 |
| (4) "Intermediate care facility for the mentally retarded" | 34453 |
| and "nursing facility" have the same meanings as in section | 34454 |
| 5111.20 of the Revised Code. | 34455 |
| (5) "Time of death" shall not be construed to mean a time | 34456 |
| after which a legal title or interest in real or personal property | 34457 |
| or other asset may pass by survivorship or other operation of law | 34458 |
| due to the death of the decedent or terminate by reason of the | 34459 |
| decedent's death. | 34460 |
| (B) | 34461 |
| 34462 | |
| 34463 | |
| services shall
institute
an estate recovery program | 34464 |
| 34465 | |
| 34466 | |
| 34467 | |
| 34468 | |
| 34469 | |
| 34470 | |
| 34471 | |
| 34472 |
| | 34473 |
| 34474 | |
| 34475 | |
| 34476 | |
| 34477 | |
| 34478 | |
| 34479 | |
| 34480 | |
| 34481 | |
| 34482 | |
| 34483 |
| | 34484 |
| divisions (C) and (D) of this section, do both of the following: | 34485 |
| (1) For the costs of state medicaid plan services the | 34486 |
| medicaid program correctly pays on behalf of an institutionalized | 34487 |
| individual of any age, seek adjustment or recovery from the | 34488 |
| individual's estate or on the sale of property of the individual | 34489 |
| or spouse that is subject to a lien imposed under section 5111.111 | 34490 |
| of the Revised Code; | 34491 |
| (2) For the costs of state medicaid plan services the | 34492 |
| medicaid program correctly pays on behalf of an individual | 34493 |
| fifty-five years of age or older who is not an institutionalized | 34494 |
| individual, seek adjustment or recovery from the individual's | 34495 |
| estate. | 34496 |
| (C)(1) No adjustment or recovery may be made under division | 34497 |
| (B)(1) of this section from an institutionalized individual's | 34498 |
| estate or on the sale of property of an institutionalized | 34499 |
| individual that is subject to a lien imposed under section | 34500 |
| 5111.111 of the Revised Code or under division (B)(2) of this | 34501 |
| section from an individual's estate while either of the following | 34502 |
| are alive: | 34503 |
| (a) The spouse of the institutionalized individual or | 34504 |
| individual; | 34505 |
| (b) The son or daughter of an institutionalized individual or | 34506 |
| individual if the son or daughter is under age twenty-one or, | 34507 |
| under 42 U.S.C. 1382c, is considered blind or disabled. | 34508 |
| (2) No adjustment or recovery may be made under division | 34509 |
| (B)(1) of this section from an institutionalized individual's home | 34510 |
| that is subject to a lien imposed under section 5111.111 of the | 34511 |
| Revised Code while either of the following lawfully reside in the | 34512 |
| home: | 34513 |
| (a) The institutionalized individual's sibling who resided in | 34514 |
| the home for at least one year immediately before the date of the | 34515 |
| institutionalized individual's admission to the institution and on | 34516 |
| a continuous basis since that time; | 34517 |
| (b) The institutionalized individual's son or daughter who | 34518 |
| provided care to the institutionalized individual that delayed the | 34519 |
| institutionalized individual's institutionalization and resided in | 34520 |
| the home for at least two years immediately before the date of the | 34521 |
| institutionalized individual's admission to the institution and on | 34522 |
| a continuous basis since that time. | 34523 |
|
(D) The department | 34524 |
| recovery | 34525 |
| by this section if the director of job and family services | 34526 |
| determines, on the basis of criteria established by the United | 34527 |
| States secretary of health and human services under 42 U.S.C. | 34528 |
| 1396p (b)(3), as amended, that adjustment or recovery would work | 34529 |
| an undue hardship. The director, in accordance with Chapter 119. | 34530 |
| of the Revised Code, shall adopt rules establishing procedures for | 34531 |
| waiver of adjustment or recovery due to an undue hardship, which | 34532 |
| shall meet the standards specified by the United States secretary | 34533 |
| of health and human services under 42 U.S.C. 1396p(b)(3), as | 34534 |
| amended. | 34535 |
| | 34536 |
| 34537 | |
| 34538 | |
| 34539 |
| (E) For the purpose of determining whether an individual | 34540 |
| meets the definition of "institutionalized individual" established | 34541 |
| for this section, a rebuttable presumption exists that the | 34542 |
| individual cannot reasonably be expected to be discharged from an | 34543 |
| institution and return home if either of the following is the | 34544 |
| case: | 34545 |
| (1) The individual declares that he or she does not intend to | 34546 |
| return home; | 34547 |
| (2) The individual has been an inpatient in an institution | 34548 |
| for at least six months without a discharge plan. | 34549 |
| Sec. 5111.111. | 34550 |
| 34551 | |
| 34552 | |
| 34553 |
| | 34554 |
| and section 5111.12 of the Revised Code, no lien may be imposed | 34555 |
| against the property of an individual before the individual's | 34556 |
| death on account of medicaid paid or to be paid on the | 34557 |
| individual's behalf. | 34558 |
| (B) Except as provided in division (C) of this section, the | 34559 |
| department of job and family services may | 34560 |
|
against
the real property of a | 34561 |
| recipient | 34562 |
| the real property of the recipient's spouse,
| 34563 |
| 34564 | |
| 34565 | |
| 34566 | |
| real property that is jointly held by the recipient and spouse. | 34567 |
| 34568 | |
| 34569 | |
| 34570 | |
| imposed on account of medicaid paid or to be paid on the | 34571 |
| recipient's behalf for state medicaid plan services. | 34572 |
| (C) No lien may be imposed under division (B) of this section | 34573 |
| against the home of a medicaid recipient if any of the following | 34574 |
| lawfully resides in the home: | 34575 |
| (1) The recipient's spouse; | 34576 |
| (2) The recipient's son or daughter who is under twenty-one | 34577 |
| years of age or, under 42 U.S.C. 1382c, considered to be blind or | 34578 |
| disabled; | 34579 |
| (3) The recipient's sibling who has an equity interest in the | 34580 |
| home and resided in the home for at least one year immediately | 34581 |
| before the date of the recipient's admission to the institution. | 34582 |
| (D) The director of job and family services or a person | 34583 |
| designated by
the director | 34584 |
| 34585 | |
| section. The county department of job and family services shall | 34586 |
| file for recording and indexing the certificate, or a certified | 34587 |
| copy, in the real estate mortgage records in the office of the | 34588 |
| county recorder in every county in which real property of the | 34589 |
| recipient or spouse is situated. From the time of filing the | 34590 |
| certificate in the office of the county recorder, the lien | 34591 |
| attaches to all real property of the recipient or spouse described | 34592 |
| 34593 | |
| 34594 | |
| be made under section 5111.11 of the Revised Code and, except as | 34595 |
| provided in division (E) of this section, shall remain a lien | 34596 |
| until satisfied. | 34597 |
| Upon filing the certificate in the office of the recorder, | 34598 |
| all persons are charged with notice of the lien and the rights of | 34599 |
| the department of job and family services thereunder. | 34600 |
| The county recorder shall keep a record of every certificate | 34601 |
| filed showing its date, the time of filing, the name and residence | 34602 |
| of the recipient or spouse, and any release, waivers, or | 34603 |
| satisfaction of the lien. | 34604 |
| The priority of the lien shall be established in accordance | 34605 |
| with state and federal law. | 34606 |
| The department may waive the priority of its lien to provide | 34607 |
| for the costs of the last illness as determined by the department, | 34608 |
| administration, attorney fees, administrator fees, a sum for the | 34609 |
| payment of the costs of burial, which shall be computed by | 34610 |
| deducting from five hundred dollars whatever amount is available | 34611 |
| for the same purpose from all other sources, and a similar sum for | 34612 |
| the spouse of the decedent. | 34613 |
| (E) A lien imposed with respect to a medicaid recipient under | 34614 |
| this section shall dissolve on the recipient's discharge from the | 34615 |
| institution and return home. | 34616 |
| Sec. 5111.112. The department of job and family services may | 34617 |
| enter into a contract with any person or government entity under | 34618 |
| which the person or government entity administers the estate | 34619 |
| recovery program instituted under section 5111.11 of the Revised | 34620 |
| Code on behalf of the department or performs any of the functions | 34621 |
| required to carry out the program. The contract may provide for | 34622 |
| the person or government entity to be compensated from the | 34623 |
| property recovered under the program or may provide for another | 34624 |
| manner of compensation agreed to by the person or government | 34625 |
| entity and the department. Regardless of whether it is | 34626 |
| administered by the department or a person or government entity | 34627 |
| under contract with the department, the program shall be | 34628 |
| administered in accordance with applicable requirements of federal | 34629 |
| law and regulations and state law and rules. | 34630 |
| Any action that may be taken by the department under section | 34631 |
| 5111.111 of the Revised Code may be taken by a person or | 34632 |
| government entity administering the program, or performing actions | 34633 |
| specified in that section, pursuant to a contract with the | 34634 |
| department. | 34635 |
| | 34636 |
| (1) "Adult care facility" has the same meaning as in section | 34637 |
| 3722.01 of the Revised Code. | 34638 |
| (2) "Commissioner" means a person appointed by a probate | 34639 |
| court under division (B) of section 2113.03 of the Revised Code to | 34640 |
| act as a commissioner. | 34641 |
| (3) "Home" has the same meaning as in section 3721.10 of the | 34642 |
| Revised Code. | 34643 |
| (4) "Personal needs allowance account" means an account or | 34644 |
| petty cash fund that holds the money of a resident of an adult | 34645 |
| care facility or home and that the facility or home manages for | 34646 |
| the resident. | 34647 |
| (B) Except as provided in divisions (C) and (D) of this | 34648 |
| section, the owner or operator of an adult care facility or home | 34649 |
| shall transfer to the department of job and family services the | 34650 |
| money in the personal needs allowance account of a resident of the | 34651 |
| facility or home who was a recipient of the medical assistance | 34652 |
| program no earlier than sixty days but not later than ninety days | 34653 |
| after the resident dies. The adult care facility or home shall | 34654 |
| transfer the money even though the owner or operator of the | 34655 |
| facility or home has not been issued letters testamentary or | 34656 |
| letters of administration concerning the resident's estate. | 34657 |
| (C) If funeral or burial expenses for a resident of an adult | 34658 |
| care facility or home who has died have not been paid and the only | 34659 |
| resource the resident had that could be used to pay for the | 34660 |
| expenses is the money in the resident's personal needs allowance | 34661 |
| account, or all other resources of the resident are inadequate to | 34662 |
| pay the full cost of the expenses, the money in the resident's | 34663 |
| personal needs allowance account shall be used to pay for the | 34664 |
| expenses rather than being transferred to the department of job | 34665 |
| and family services pursuant to division (B) of this section. | 34666 |
| (D) If, not later than sixty days after a resident of an | 34667 |
| adult care facility or home dies, letters testamentary or letters | 34668 |
| of administration are issued, or an application for release from | 34669 |
| administration is filed under section 2113.03 of the Revised Code, | 34670 |
| concerning the resident's estate, the owner or operator of the | 34671 |
| facility or home shall transfer the money in the resident's | 34672 |
| personal needs allowance account to the administrator, executor, | 34673 |
| commissioner, or person who filed the application for release from | 34674 |
| administration. | 34675 |
| (E) The transfer or use of money in a resident's personal | 34676 |
| needs allowance account in accordance with division (B), (C), or | 34677 |
| (D) of this section discharges and releases the adult care | 34678 |
| facility or home, and the owner or operator of the facility or | 34679 |
| home, from any claim for the money from any source. | 34680 |
| (F) If, sixty-one or more days after a resident of an adult | 34681 |
| care facility or home dies, letters testamentary or letters of | 34682 |
| administration are issued, or an application for release from | 34683 |
| administration under section 2113.03 of the Revised Code is filed, | 34684 |
| concerning the resident's estate, the department of job and family | 34685 |
| services shall transfer the funds to the administrator, executor, | 34686 |
| commissioner, or person who filed the application, unless the | 34687 |
| department is entitled to recover the money under the estate | 34688 |
| recovery program instituted under section 5111.11 of the Revised | 34689 |
| Code. | 34690 |
| | 34691 |
|
facility" and "intermediate care facility for the | 34692 |
| retarded" have the same meanings as in section 5111.20 of the | 34693 |
| Revised Code. | 34694 |
| In determining the amount of income that a recipient of | 34695 |
| medical assistance must apply monthly toward payment of the cost | 34696 |
| of care in a nursing facility or intermediate care facility for | 34697 |
| the mentally retarded, the county department of job and family | 34698 |
| services shall deduct from the recipient's monthly income a | 34699 |
| monthly personal needs allowance in accordance with section 1902 | 34700 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 34701 |
| 1396a, as amended. | 34702 |
| For a resident of a nursing facility, the monthly personal | 34703 |
| needs allowance shall be not less than forty dollars for an | 34704 |
| individual resident and not less than eighty dollars for a married | 34705 |
| couple if both spouses are residents of a nursing facility. | 34706 |
| For a resident of an intermediate care facility for the | 34707 |
| mentally retarded, the monthly personal needs allowance shall be | 34708 |
| forty dollars unless the resident has earned income, in which case | 34709 |
| the monthly personal needs allowance shall be determined by the | 34710 |
| state department of job and family services but shall not exceed | 34711 |
| one hundred five dollars. | 34712 |
| Sec. 5111.16. (A) As part of the medicaid program, the | 34713 |
| department of job and family services shall establish a care | 34714 |
| management system. The department shall submit, if necessary, | 34715 |
| applications to the United States department of health and human | 34716 |
| services for waivers of federal medicaid requirements that would | 34717 |
| otherwise be violated in the implementation of the system. | 34718 |
| (B)(1) The department shall implement the care management | 34719 |
| system in some or all counties and shall designate the medicaid | 34720 |
| recipients who are required or permitted to participate in the | 34721 |
| system. | 34722 |
| | 34723 |
| designating participants, the department may designate one or more | 34724 |
| counties as a mandatory managed care enrollment service area where | 34725 |
| medicaid recipients designated by the department are required to | 34726 |
| enroll in and obtain health care services through a managed care | 34727 |
| organization under contract with the department pursuant to | 34728 |
| section 5111.17 of the Revised Code. | 34729 |
| (C) Under the care management system, the department may do | 34730 |
| both of the following: | 34731 |
| (1) Require or permit participants in the system to obtain | 34732 |
| health care services from providers designated by the department; | 34733 |
| (2) | 34734 |
| obtain health care services through managed care organizations | 34735 |
| under contract with the department pursuant to section 5111.17 of | 34736 |
| the Revised Code. | 34737 |
| | 34738 |
| rules in accordance with Chapter 119. of the Revised Code to | 34739 |
| implement this section. | 34740 |
| Sec. 5111.176. (A) As used in this section: | 34741 |
| (1) "Mandatory managed care enrollment service area" means a | 34742 |
| county designated under division (B)(2) of section 5111.16 of the | 34743 |
| Revised Code as an area where medicaid recipients are required to | 34744 |
| enroll in and obtain health care services through a managed care | 34745 |
| organization. | 34746 |
| (2) "Mandatory managed care medicaid recipient" means a | 34747 |
| medicaid recipient designated under division (B)(2) of section | 34748 |
| 5111.16 of the Revised Code as a medicaid recipient required to | 34749 |
| enroll in and obtain health care services through a managed care | 34750 |
| organization in a mandatory managed care enrollment service area. | 34751 |
| (3) "Noncontracting hospital" means a hospital to which all | 34752 |
| of the following apply: | 34753 |
| (a) The hospital participates in the medicaid program; | 34754 |
| (b) The hospital is located in a mandatory managed care | 34755 |
| enrollment service area; | 34756 |
| (c) The hospital has not entered into a contract with a | 34757 |
| managed care organization to provide services to mandatory managed | 34758 |
| care medicaid recipients. | 34759 |
| (B)(1) Subject to division (B)(2) of this section, a managed | 34760 |
| care organization under contract with the department pursuant to | 34761 |
| section 5111.17 of the Revised Code to provide or arrange for the | 34762 |
| provision of health care services to mandatory managed care | 34763 |
| medicaid recipients shall reimburse a noncontracting hospital for | 34764 |
| providing services to the recipients according to a reimbursement | 34765 |
| rate that is the same as the reimbursement rate used by the | 34766 |
| department of job and family services to reimburse the hospital | 34767 |
| for providing services to medicaid recipients who are not enrolled | 34768 |
| in a managed care organization. | 34769 |
| (2) The reimbursement rate established under division (B)(1) | 34770 |
| of this section applies only to services authorized by the managed | 34771 |
| care organization. The establishment of a reimbursement rate under | 34772 |
| that division does not restrict the managed care organization from | 34773 |
| entering into a contract with a hospital under which the hospital | 34774 |
| is reimbursed at a different rate. | 34775 |
| (C) A noncontracting hospital shall do both of the following: | 34776 |
| (1) Provide hospital services to mandatory managed care | 34777 |
| medicaid recipients when the services have been authorized by the | 34778 |
| managed care organization in which the recipients are enrolled; | 34779 |
| (2) Accept the reimbursement provided by the managed care | 34780 |
| organization under division (B) of this section as payment in full | 34781 |
| for services provided in accordance with division (C)(1) of this | 34782 |
| section. | 34783 |
| (D) The director of job and family services may adopt rules | 34784 |
| in accordance with Chapter 119. of the Revised Code to implement | 34785 |
| this section. | 34786 |
| Sec. 5111.177. (A) As used in this section: | 34787 |
| (1) "Medicaid managed care organization" means an entity | 34788 |
| under contract with the department of job and family services | 34789 |
| pursuant to section 5111.17 of the Revised Code that is either of | 34790 |
| the following: | 34791 |
| (a) A health insuring corporation that holds a certificate of | 34792 |
| authority under Chapter 1751. of the Revised Code; | 34793 |
| (b) An entity determined by the United States secretary of | 34794 |
| health and human services to be a medicaid managed care | 34795 |
| organization as defined in Title XIX of the "Social Security Act," | 34796 |
| 79 Stat. 286 (1965), 42 U.S.C. 1396b(m). | 34797 |
| (2) "Managed care premium" means any premium payment, | 34798 |
| capitation payment, or other payment to be received by a medicaid | 34799 |
| managed care organization for providing services under a contract | 34800 |
| with the department pursuant to section 5111.17 of the Revised | 34801 |
| Code. | 34802 |
| (B) Except as provided in division (C) of this section, | 34803 |
| beginning January 1, 2006, each medicaid managed care organization | 34804 |
| shall pay a franchise permit fee each calendar quarter. The | 34805 |
| department shall collect the fee from each medicaid managed care | 34806 |
| organization. | 34807 |
| The amount of the fee an organization is required to pay | 34808 |
| shall be equal to a percentage of the managed care premiums the | 34809 |
| organization received in the quarter to which the fee applies, | 34810 |
| excluding the amount of any managed care premiums returned or | 34811 |
| refunded to enrollees, members, or premium payors during that | 34812 |
| quarter. For purposes of this calculation, the percentage shall be | 34813 |
| four and one-half per cent, unless the department adopts rules | 34814 |
| under division (L) of this section to decrease the percentage or | 34815 |
| to increase the percentage to not more than six per cent. | 34816 |
| (C) If it is necessary to reduce or eliminate collection of | 34817 |
| the franchise permit fee required by this section to comply with | 34818 |
| federal law, the department may reduce or eliminate collection of | 34819 |
| the fee. | 34820 |
| (D) The franchise permit fee shall be paid on or before the | 34821 |
| thirtieth day following the end of the calendar quarter to which | 34822 |
| the fee applies. At the time the fee is submitted, the | 34823 |
| organization shall file with the department a report on a form | 34824 |
| prescribed by the department. The organization shall provide on | 34825 |
| the form all information required by the department and shall | 34826 |
| include with the form any necessary supporting documentation. | 34827 |
| (E) The department may audit the records of any medicaid | 34828 |
| managed care organization to determine whether the organization is | 34829 |
| in compliance with this section. The department may audit the | 34830 |
| records that pertain to a particular calendar quarter at any time | 34831 |
| during the five years following the date the franchise permit fee | 34832 |
| payment for that quarter was due. | 34833 |
| (F)(1) A medicaid managed care organization that does not pay | 34834 |
| the franchise permit fee in full by the date the payment is due is | 34835 |
| subject to any or all of the following: | 34836 |
| (a) A monetary penalty in the amount of five hundred dollars | 34837 |
| for each day any part of the fee remains unpaid, except that the | 34838 |
| penalty shall not exceed an amount equal to five per cent of the | 34839 |
| total fee that was due for the calendar quarter for which the | 34840 |
| penalty is being imposed; | 34841 |
| (b) Withholdings from future managed care premiums pursuant | 34842 |
| to division (G) of this section; | 34843 |
| (c) Termination of the organization's medicaid provider | 34844 |
| agreement pursuant to division (H) of this section. | 34845 |
| (2) Penalties imposed under division (F)(1)(a) of this | 34846 |
| section are in addition to and not in lieu of the franchise permit | 34847 |
| fee that a medicaid managed care organization is required to pay | 34848 |
| each calendar quarter. | 34849 |
| (G) If a medicaid managed care organization fails to pay the | 34850 |
| full amount of its franchise permit fee when due, or the full | 34851 |
| amount of a penalty imposed under division (F)(1)(a) of this | 34852 |
| section, the department may withhold an amount equal to the | 34853 |
| remaining amount due from any future managed care premiums to be | 34854 |
| paid to the organization. The department may withhold amounts | 34855 |
| under this division without providing notice to the organization. | 34856 |
| The amounts may be withheld until the amount due has been paid. | 34857 |
| (H) The department may commence actions to terminate a | 34858 |
| medicaid managed care organization's medicaid provider agreement, | 34859 |
| and may terminate the agreement subject to division (I) of this | 34860 |
| section, if the organization does any of the following: | 34861 |
| (1) Fails to pay its franchise permit fee or fails to pay the | 34862 |
| fee promptly; | 34863 |
| (2) Fails to pay a penalty imposed under division (F)(1)(a) | 34864 |
| of this section or fails to pay the penalty promptly; | 34865 |
| (3) Fails to cooperate with an audit conducted under division | 34866 |
| (E) of this section. | 34867 |
| (I) At the request of a medicaid managed care organization, | 34868 |
| the department shall grant the organization a hearing in | 34869 |
| accordance with Chapter 119. of the Revised Code, if either of the | 34870 |
| following is the case: | 34871 |
| (1) The department has determined that the organization owes | 34872 |
| an additional franchise permit fee or penalty as the result of an | 34873 |
| audit conducted under division (E) of this section. | 34874 |
| (2) The department is proposing to terminate the | 34875 |
| organization's medicaid provider agreement and the provisions of | 34876 |
| section 5111.06 of the Revised Code requiring an adjudication in | 34877 |
| accordance with Chapter 119. of the Revised Code are applicable. | 34878 |
| (J)(1) At the request of a medicaid managed care | 34879 |
| organization, the department shall grant the organization a | 34880 |
| reconsideration of any issue that arises out of the provisions of | 34881 |
| this section and is not subject to division (I) of this section. | 34882 |
| The department's decision at the conclusion of the reconsideration | 34883 |
| is not subject to appeal under Chapter 119. of the Revised Code or | 34884 |
| any other provision of the Revised Code. | 34885 |
| (2) In conducting a reconsideration, the department shall do | 34886 |
| at least the following: | 34887 |
| (a) Specify the time frames within which an organization must | 34888 |
| act in order to exercise its opportunity for a reconsideration; | 34889 |
| (b) Permit the organization to present written arguments or | 34890 |
| other materials that support the organization's position. | 34891 |
| (K) There is hereby created in the state treasury the managed | 34892 |
| care assessment fund. Money collected from the franchise permit | 34893 |
| fees and penalties imposed under this section shall be credited to | 34894 |
| the fund. The department shall use the money in the fund to pay | 34895 |
| for medicaid services, the department's administrative costs, and | 34896 |
| contracts with medicaid managed care organizations. | 34897 |
| (L) The director of job and family services may adopt rules | 34898 |
| to implement and administer this section. The rules shall be | 34899 |
| adopted in accordance with Chapter 119. of the Revised Code. | 34900 |
| Sec. 5111.19. The director of job and family services shall | 34901 |
| adopt rules governing the calculation and payment of graduate | 34902 |
| medical education costs associated with services rendered to | 34903 |
| medicaid recipients
| 34904 |
| 30, 1994. | 34905 |
| rules shall provide for reimbursement of graduate medical | 34906 |
| education
costs associated with services rendered to | 34907 |
| 34908 | |
| 34909 | |
| contract with the department under section 5111.17 of the Revised | 34910 |
| Code, that the department determines are allowable and reasonable. | 34911 |
| If the department requires a | 34912 |
| managed care organization to pay a provider for graduate medical | 34913 |
| education costs associated with the delivery of services to | 34914 |
| 34915 | |
| organization, the department shall include in its payment to the | 34916 |
| 34917 | |
| organization to pay such costs. If the department does not include | 34918 |
| in its payments to the
| 34919 |
| organization amounts for graduate medical education costs of | 34920 |
| providers, all of the following apply: | 34921 |
| (A) | 34922 |
| Code, the department shall pay the provider for graduate medical | 34923 |
| education costs associated with the delivery of services to | 34924 |
| 34925 | |
| organization; | 34926 |
| (B) No provider shall seek reimbursement from the
| 34927 |
| organization for such costs; | 34928 |
| (C) The | 34929 |
| providers for such costs. | 34930 |
| Sec. 5111.191. The department of job and family services | 34931 |
| shall not pay a hospital for graduate medical education costs | 34932 |
| associated with the delivery of services to any medicaid recipient | 34933 |
| if the hospital refuses without good cause to contract with a | 34934 |
| managed care organization that contracts with the department under | 34935 |
| section 5111.17 of the Revised Code to provide, or arrange for the | 34936 |
| provision of, health care services to medicaid recipients residing | 34937 |
| in the county, or a mandatory managed care enrollment service area | 34938 |
| designated by the department under section 5111.16 of the Revised | 34939 |
| Code, in which the hospital is located. The director of job and | 34940 |
| family services shall specify in the rules adopted under section | 34941 |
| 5111.19 of the Revised Code what constitutes good cause for a | 34942 |
| hospital to refuse to contract with a managed care organization. | 34943 |
| Sec. 5111.20. As used in sections 5111.20 to | 34944 |
| of the Revised Code: | 34945 |
| (A)
| 34946 |
| 34947 | |
| 34948 | |
| 34949 |
| | 34950 |
| 34951 |
| | 34952 |
| 34953 |
| | 34954 |
| 34955 |
| | 34956 |
| | 34957 |
| 34958 | |
| 34959 |
| | 34960 |
| | 34961 |
| | 34962 |
| | 34963 |
| 34964 |
| | 34965 |
| | 34966 |
| 34967 |
| | 34968 |
| 34969 | |
| 34970 |
| | 34971 |
| 34972 | |
| 34973 |
| | 34974 |
| 34975 |
| | 34976 |
| 34977 | |
| 34978 | |
| 34979 | |
| 34980 |
| | 34981 |
| 34982 | |
| 34983 | |
| 34984 | |
| 34985 | |
| 34986 | |
| 34987 | |
| 34988 | |
| 34989 |
| | 34990 |
| 34991 | |
| 34992 | |
| 34993 | |
| 34994 | |
| 34995 | |
| 34996 | |
| 34997 |
| | 34998 |
| 34999 | |
| 35000 | |
| 35001 | |
| 35002 | |
| 35003 | |
| 35004 | |
| 35005 |
| | 35006 |
| 35007 | |
| 35008 | |
| 35009 | |
| 35010 |
| | 35011 |
| | 35012 |
| 35013 |
| | 35014 |
| 35015 | |
| 35016 | |
| 35017 | |
| 35018 | |
| 35019 | |
| 35020 | |
| 35021 |
| | 35022 |
| | 35023 |
| | 35024 |
| 35025 | |
| 35026 | |
| 35027 | |
| 35028 | |
| 35029 |
| | 35030 |
| 35031 |
| | 35032 |
| | 35033 |
| 35034 | |
| 35035 |
| | 35036 |
| 35037 | |
| 35038 |
| | 35039 |
| 35040 | |
| 35041 | |
| 35042 | |
| 35043 | |
| 35044 |
| | 35045 |
| 35046 | |
| 35047 | |
| 35048 |
| | 35049 |
| specified in section 9.34 of the Revised Code. | 35050 |
| | 35051 |
| 35052 | |
| 35053 | |
| 35054 | |
| 35055 | |
| 35056 | |
| 35057 | |
| 35058 | |
| 35059 | |
| 35060 | |
| 35061 | |
| 35062 | |
| 35063 | |
| 35064 | |
| 35065 | |
| 35066 | |
| 35067 | |
| 35068 | |
| 35069 | |
| 35070 | |
| 35071 | |
| 35072 | |
| 35073 | |
| 35074 |
| | 35075 |
| 35076 | |
| 35077 | |
| 35078 | |
| 35079 | |
| 35080 | |
| 35081 | |
| 35082 | |
| 35083 |
| | 35084 |
| means an intermediate care facility for the mentally retarded | 35085 |
| certified as in compliance with applicable standards for the | 35086 |
| 35087 | |
|
accordance
with Title XIX | 35088 |
| | 35089 |
| 35090 | |
| 35091 | |
| 35092 | |
| 35093 | |
| 35094 | |
| 35095 |
| | 35096 |
| part of a facility, that is certified as a nursing facility by the | 35097 |
|
director of health in accordance with Title XIX | 35098 |
| 35099 | |
| mentally retarded. "Nursing facility" includes a facility, or a | 35100 |
| distinct part of a facility, that is certified as a nursing | 35101 |
|
facility by the director of health in accordance with
Title XIX | 35102 |
| 35103 | |
|
facility by the director in accordance with Title
XVIII | 35104 |
| 35105 |
| | 35106 |
| 35107 | |
| 35108 | |
| 35109 | |
| 35110 | |
| 35111 | |
| 35112 |
| | 35113 |
| responsible for the daily operating and management decisions for a | 35114 |
| nursing facility or intermediate care facility for the mentally | 35115 |
| retarded. | 35116 |
| (E)(1) "Owner" means any person or government entity that has | 35117 |
| at least five per cent ownership or interest, either directly, | 35118 |
| indirectly, or in any combination, in any of the following | 35119 |
| regarding a nursing facility or intermediate care facility for the | 35120 |
| mentally retarded: | 35121 |
| (a) The land on which the facility is located; | 35122 |
| (b) The structure in which the facility is located; | 35123 |
| (c) Any mortgage, contract for deed, or other obligation | 35124 |
| secured in whole or in part by the land or structure on or in | 35125 |
| which the facility is located; | 35126 |
| (d) Any lease or sublease of the land or structure on or in | 35127 |
| which the facility is located. | 35128 |
| (2) "Owner" does not mean a holder of a debenture or bond | 35129 |
| related to the nursing facility or intermediate care facility for | 35130 |
| the mentally retarded and purchased at public issue or a regulated | 35131 |
| lender that has made a loan related to the facility unless the | 35132 |
| holder or lender operates the facility directly or through a | 35133 |
| subsidiary. | 35134 |
| | 35135 |
| | 35136 |
| 35137 | |
| 35138 | |
| 35139 | |
| 35140 |
| | 35141 |
| 35142 | |
| 35143 | |
| 35144 | |
| 35145 | |
| 35146 | |
| 35147 |
| | 35148 |
| 35149 | |
| 35150 | |
| 35151 | |
| 35152 | |
| 35153 | |
| 35154 |
| | 35155 |
| 35156 | |
| 35157 |
| | 35158 |
| department of job and family services and the operator of a | 35159 |
| nursing facility or intermediate care facility for the mentally | 35160 |
| retarded for the provision of nursing facility services or | 35161 |
| intermediate care facility services for the mentally retarded | 35162 |
| under the | 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 | |
| 35194 |
| | 35195 |
| | 35196 |
| 35197 | |
| 35198 | |
| 35199 |
| | 35200 |
| 35201 | |
| 35202 | |
| 35203 | |
| 35204 |
| | 35205 |
| 35206 | |
| 35207 | |
| 35208 |
| | 35209 |
| 35210 | |
| 35211 |
| | 35212 |
| | 35213 |
| | 35214 |
| | 35215 |
| | 35216 |
| 35217 |
| | 35218 |
| | 35219 |
| 35220 |
| | 35221 |
| | 35222 |
| 35223 | |
| 35224 | |
| 35225 | |
| 35226 | |
| 35227 |
| | 35228 |
| 35229 | |
| 35230 | |
| 35231 |
| | 35232 |
| 35233 | |
| 35234 | |
| 35235 | |
| 35236 | |
| 35237 | |
| 35238 | |
| 35239 | |
| 35240 | |
| 35241 | |
| 35242 | |
| 35243 | |
| 35244 |
| | 35245 |
| 35246 | |
| 35247 | |
| 35248 |
| | 35249 |
| 35250 | |
| 35251 | |
| 35252 | |
| 35253 | |
| 35254 | |
| 35255 | |
| 35256 |
| | 35257 |
| 35258 | |
| 35259 | |
| 35260 | |
| 35261 |
| (H) "Title XIX" means Title XIX of the "Social Security Act," | 35262 |
| 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 35263 |
| (I) "Title XVIII" means Title XVIII of the "Social Security | 35264 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 35265 |
| Sec. 5111.204. (A) As used in this section | 35266 |
| 35267 | |
| acting on behalf
of an
applicant for or recipient of | 35268 |
| 35269 | |
| attorney, hospital social worker, or any other person chosen to | 35270 |
| act on behalf of an applicant or recipient. | 35271 |
| (B) The department of job and family services may require | 35272 |
| each applicant for or recipient of | 35273 |
| applies or intends to apply for admission to a nursing facility or | 35274 |
| resides in a nursing facility to undergo an assessment to | 35275 |
| determine whether the applicant or recipient needs the level of | 35276 |
| care provided by a nursing facility. | 35277 |
| performed concurrently with a long-term care consultation | 35278 |
| performed under section 173.42 of the Revised Code. | 35279 |
| To the maximum extent possible, the assessment shall be based | 35280 |
| on information from the resident
assessment instrument | 35281 |
| 35282 | |
| 35283 | |
| provides for. The assessment shall also be based on criteria and | 35284 |
|
procedures established in rules adopted under division | 35285 |
| this section and information provided by the person being assessed | 35286 |
| or the person's representative. | 35287 |
| The department of job and family services, or if the | 35288 |
| assessment is performed
by | 35289 |
| contract with the department pursuant to division (G) of this | 35290 |
| section | 35291 |
| than the time the | 35292 |
| required to be | 35293 |
| section, give written notice of its conclusions and the basis for | 35294 |
| them to the person assessed and, if the department of job and | 35295 |
| family services or | 35296 |
| the department has been informed that the person has a | 35297 |
| representative, to the representative. | 35298 |
| (C) The department of job and family services or | 35299 |
| agency under contract with the department, whichever performs the | 35300 |
| assessment, shall | 35301 |
| 35302 | |
| 35303 | |
| determination as follows: | 35304 |
| (1) In the case of a person applying or intending to apply | 35305 |
| for admission to a nursing facility while hospitalized, not later | 35306 |
| than one of the following: | 35307 |
| (a) One working day after the person or the person's | 35308 |
|
representative submits | 35309 |
| 35310 | |
| intention to apply and submits all information required for | 35311 |
| providing the level of care determination, as specified in rules | 35312 |
| adopted under division (F)(2) of this section; | 35313 |
| (b) A later date requested by the person or the person's | 35314 |
| representative. | 35315 |
| (2) In the case of | 35316 |
| 35317 | |
| 35318 | |
| 35319 | |
| 35320 |
| | 35321 |
| apply for admission to a nursing facility who is not hospitalized, | 35322 |
| not later than one of the following: | 35323 |
| (a) Five calendar days after the person or the person's | 35324 |
| representative submits the application or notifies the department | 35325 |
| of the person's intention to apply and submits all information | 35326 |
| required for providing the level of care determination, as | 35327 |
| specified in rules adopted under division (F)(2) of this section; | 35328 |
| (b) A later date requested by the person or the person's | 35329 |
| representative. | 35330 |
| (3) In the case of a person who resides in a nursing | 35331 |
| facility, not later than one of the following: | 35332 |
| (a) Five calendar days after the person or the person's | 35333 |
| representative submits an application for medical assistance and | 35334 |
| submits all information required for providing the level of care | 35335 |
| determination, as specified in rules adopted under division (F)(2) | 35336 |
| of this section; | 35337 |
| (b) A later date requested by the person or the person's | 35338 |
| representative. | 35339 |
| (4) In the case of an emergency, as specified in rules | 35340 |
| adopted under division (F)(4) of this section, within the number | 35341 |
| of days specified in the rules. | 35342 |
| (D) | 35343 |
| 35344 | |
| 35345 | |
| 35346 | |
| 35347 | |
| 35348 | |
| 35349 |
| | 35350 |
| 35351 | |
| 35352 | |
| 35353 | |
| 35354 |
| | 35355 |
| representative may
| 35356 |
| conclusions reached by the department of job and family services | 35357 |
| or | 35358 |
| basis of the assessment. The | 35359 |
| shall be made in accordance with section 5101.35 of the Revised | 35360 |
| Code. The department of job and family services or
| 35361 |
| agency | 35362 |
| department shall provide to the person or the person's | 35363 |
| representative and the nursing facility written notice of the | 35364 |
| person's right to | 35365 |
| include
an explanation of the procedure for | 35366 |
| requesting a state hearing. If a state hearing is requested, the | 35367 |
| state shall be represented in the hearing by the department of job | 35368 |
| and family services or the agency under contract with the | 35369 |
| department, whichever performed the assessment. | 35370 |
| | 35371 |
| determined pursuant to an assessment required under division (B) | 35372 |
| or (C) of this section not to need the level of care provided by | 35373 |
|
the nursing facility shall not be reimbursed under the | 35374 |
| 35375 |
| | 35376 |
| rules in accordance with Chapter 119. of the Revised Code to | 35377 |
| implement and administer this section. The rules shall include all | 35378 |
| of the following: | 35379 |
| (1) Criteria and procedures to be used in determining whether | 35380 |
| admission to a nursing facility or continued stay in a nursing | 35381 |
| facility is appropriate for the
person being assessed | 35382 |
| 35383 | |
| 35384 |
| | 35385 |
| | 35386 |
| 35387 |
| | 35388 |
| 35389 |
| (2) Information the person being assessed or the person's | 35390 |
|
representative must provide to the department or | 35391 |
| under contract with the department for purposes of the assessment | 35392 |
| and providing a level of care determination based on the | 35393 |
| assessment; | 35394 |
| (3) | 35395 |
| 35396 | |
| 35397 |
| | 35398 |
| assessed; | 35399 |
| (4) Circumstances that constitute an emergency for purposes | 35400 |
| of division (C)(4) of this section and the number of days within | 35401 |
| which a level of care determination must be provided in the case | 35402 |
| of an emergency. | 35403 |
| (G) Pursuant to section 5111.91 of the Revised Code, the | 35404 |
| department of job and family services may enter into contracts in | 35405 |
| the form of interagency agreements with one or more other state | 35406 |
| agencies to perform the assessments required under this section. | 35407 |
| The interagency agreements shall specify the responsibilities of | 35408 |
| each agency in the performance of the assessments. | 35409 |
| Sec. 5111.21. (A) | 35410 |
| 35411 | |
| 35412 | |
| 35413 | |
| 35414 | |
| 35415 | |
| 35416 |
| In order to be eligible for | 35417 |
| payments, the operator of a nursing facility or intermediate care | 35418 |
| facility for the mentally retarded shall do all of the following: | 35419 |
| (1) Enter into a provider agreement with the department of | 35420 |
| job and family services as provided in section 5111.22, 5111.671, | 35421 |
| or 5111.672 of the Revised Code; | 35422 |
| (2) Apply for and maintain a valid license to operate if so | 35423 |
| required by law; | 35424 |
| (3) Comply with all applicable state and federal laws and | 35425 |
| rules. | 35426 |
| (B) | 35427 |
| obtain and maintain eligibility for payments under the medicaid | 35428 |
| program shall qualify all of the facility's medicaid-certified | 35429 |
| beds in the medicare program established by Title XVIII | 35430 |
| 35431 | |
| director of job and family services may adopt rules | 35432 |
| 35433 | |
| establish the time frame in which a nursing facility must comply | 35434 |
| with this requirement. | 35435 |
| Sec. 5111.22. A provider agreement between the department of | 35436 |
|
job and family services and a | 35437 |
| 35438 | |
| following provisions: | 35439 |
| (A) The department agrees to make payments to the | 35440 |
| 35441 | |
| provider for | 35442 |
| 35443 | |
| 35444 | |
| care facility for the mentally retarded provides to a resident of | 35445 |
| the facility who is a medicaid recipient eligible for such | 35446 |
| services.
No
payment
shall
be made for the day a | 35447 |
| resident is discharged from the facility. | 35448 |
| (B) The provider agrees to: | 35449 |
| (1) Maintain eligibility as provided in section 5111.21 of | 35450 |
| the Revised Code; | 35451 |
| (2) Keep records relating to a cost reporting period for the | 35452 |
| greater of seven years after the cost report is filed or, if the | 35453 |
|
department issues | 35454 |
| 35455 | |
| 5111.021 of the Revised Code, six years after all appeal rights | 35456 |
| relating to the audit report are exhausted; | 35457 |
| (3) File reports as required by the department; | 35458 |
| (4) Open all records relating to the costs of its services | 35459 |
| for inspection and audit by the department; | 35460 |
| (5) Open its premises for inspection by the department, the | 35461 |
| department of health, and any other state or local authority | 35462 |
| having authority to inspect; | 35463 |
| (6) Supply to the department such information as it requires | 35464 |
|
concerning the facility's services to | 35465 |
| or are eligible to be medicaid recipients; | 35466 |
| (7) Comply with section | 35467 |
| The provider agreement may contain other provisions that are | 35468 |
| consistent with law and considered necessary by the department. | 35469 |
| A provider agreement shall be effective for no longer than | 35470 |
| twelve months, except that if federal statute or regulations | 35471 |
| authorize a longer term, it may be effective for a longer term so | 35472 |
| authorized. A provider agreement may be renewed only if the | 35473 |
| facility is certified by the department of health for | 35474 |
| participation in the medicaid program. | 35475 |
| The department of job and family services, in accordance with | 35476 |
|
rules
adopted | 35477 |
| section 5111.02 of the Revised Code, may elect not to enter into, | 35478 |
| not to renew, or to terminate a provider agreement when the | 35479 |
| department determines that such an agreement would not be in the | 35480 |
| best interests of the recipients or of the state. | 35481 |
| Sec. 5111.221. The operator of a nursing facility or | 35482 |
| intermediate care facility for the mentally retarded may enter | 35483 |
| into provider agreements for more than one nursing facility or | 35484 |
| intermediate care facility for the mentally retarded. | 35485 |
| | 35486 |
| provider of a nursing facility or intermediate care facility for | 35487 |
| the mentally retarded shall: | 35488 |
| (1) Prohibit the facility from failing or refusing to retain | 35489 |
| as a | 35490 |
| or may, as a | 35491 |
| recipient | 35492 |
| the purposes of this
division, a medicaid recipient | 35493 |
| 35494 | |
| considered a | 35495 |
| stays totaling less than twenty-five days during any twelve-month | 35496 |
| period. Recipients who have been identified by the department of | 35497 |
| job and family services or its designee as requiring the level of | 35498 |
| care of an intermediate care facility for the mentally retarded | 35499 |
| shall not be subject to a maximum period of absences during which | 35500 |
| they are considered | 35501 |
| the department for visits with relatives and friends and | 35502 |
| participation in therapeutic programs is obtained under rules | 35503 |
| adopted under section 5111.02 of the Revised Code. | 35504 |
| (2) | 35505 |
| section, include any part of the facility that meets standards for | 35506 |
| certification of compliance with federal and state laws and rules | 35507 |
| for participation in the | 35508 |
| 35509 | |
| 35510 | |
| 35511 | |
| 35512 | |
| 35513 | |
| 35514 | |
| 35515 | |
| 35516 |
| (3) Prohibit the facility from discriminating against any | 35517 |
| patient on the basis of race, color, sex, creed, or national | 35518 |
| origin. | 35519 |
| (4) Except as otherwise prohibited under section 5111.55 of | 35520 |
| the Revised Code, prohibit the facility from failing or refusing | 35521 |
| to accept a | 35522 |
|
or may, as a | 35523 |
| recipient | 35524 |
| less than eighty per cent of
the | 35525 |
| facility are medicaid recipients | 35526 |
| (B)(1) Except as provided by division (B)(2) of this section, | 35527 |
| the following are not required to be included in a provider | 35528 |
| agreement unless otherwise required by federal law: | 35529 |
| (a) Beds added during the period beginning July 1, 1987, and | 35530 |
| ending July 1, 1993, to a nursing home licensed under Chapter | 35531 |
| 3721. of the Revised Code; | 35532 |
| (b) Beds in an intermediate care facility for the mentally | 35533 |
| retarded that are designated for respite care under a medicaid | 35534 |
| waiver component operated pursuant to a waiver sought under | 35535 |
| section 5111.87 of the Revised Code. | 35536 |
| (2) If a provider chooses to include a bed specified in | 35537 |
| division (B)(1) of this section in a provider agreement, the bed | 35538 |
| may not be removed from the provider agreement unless the provider | 35539 |
| withdraws the facility in which the bed is located from the | 35540 |
| medicaid program. | 35541 |
| (C) Nothing in this section shall bar any religious or | 35542 |
| denominational nursing facility or intermediate care facility for | 35543 |
| the mentally retarded that is operated, supervised, or controlled | 35544 |
| by a religious organization from giving preference to persons of | 35545 |
| the same religion or denomination. Nothing in this section shall | 35546 |
| bar any facility from giving preference to persons with whom it | 35547 |
| has contracted to provide continuing care. | 35548 |
| | 35549 |
| organized under Chapter 5155. of the Revised Code from admitting | 35550 |
| residents exclusively from the county in which the county home is | 35551 |
| located. | 35552 |
| | 35553 |
| facility for the mentally retarded with which a provider agreement | 35554 |
| is in effect shall violate the provider contract obligations | 35555 |
| imposed under this section. | 35556 |
| | 35557 |
| shall bar any nursing facility or intermediate care facility for | 35558 |
| the
mentally retarded from retaining | 35559 |
| resided in the facility for not less than one year as private pay | 35560 |
| patients and
who subsequently become medicaid recipients | 35561 |
| 35562 | |
| 35563 | |
| in the facility, become a medicaid recipient
| 35564 |
| 35565 |
| (1) The facility does not refuse to retain any | 35566 |
| resident who has resided in the facility for not less than one | 35567 |
| year as a
private pay | 35568 |
| resident becomes a medicaid recipient
| 35569 |
| 35570 | |
| 35571 |
| (2) The number of medicaid recipients retained under this | 35572 |
| division does not at any time exceed ten per cent of all the | 35573 |
| 35574 |
| (3) On July 1, 1980, all the | 35575 |
| facility were
private pay | 35576 |
| | 35577 |
| action against a nursing facility or intermediate care facility | 35578 |
| for the mentally retarded for breach of the provider agreement | 35579 |
| obligations or other duties imposed by section | 35580 |
| the Revised
Code. The action may be commenced by the | 35581 |
| resident, or on | 35582 |
| sponsor or a residents' rights advocate, as either is defined | 35583 |
| under section 3721.10 of the Revised Code, by the filing of a | 35584 |
| civil action in the court of common pleas of the county in which | 35585 |
| the facility is located, or in the court of common pleas of | 35586 |
| Franklin county. | 35587 |
| If the court finds that a breach of the provider agreement | 35588 |
|
obligations imposed
by section | 35589 |
| Code has occurred, the court may enjoin the facility from engaging | 35590 |
| in the practice, order such affirmative relief as may be | 35591 |
|
necessary, and award to the | 35592 |
| public agency
that brings
an action on behalf of a | 35593 |
| resident actual damages, costs, and reasonable attorney's fees. | 35594 |
| | 35595 |
| services shall terminate
| 35596 |
|
agreement | 35597 |
| facility for the mentally retarded that does not comply with the | 35598 |
| requirements of section 3721.071 of the Revised Code for the | 35599 |
| installation of fire extinguishing and fire alarm systems. | 35600 |
| | 35601 |
| 35602 | |
| 35603 | |
| shall file with the department of job and family services an | 35604 |
| annual cost report | 35605 |
| facilities and intermediate care facilities for the mentally | 35606 |
| retarded that participate in the medicaid program. A provider | 35607 |
| shall prepare the reports in accordance with guidelines | 35608 |
| established by the department of job and family services. | 35609 |
| report shall cover a calendar year or the portion of a calendar | 35610 |
|
year during which the facility participated in the | 35611 |
| 35612 | |
| the reports within ninety days after the end of the calendar year. | 35613 |
| The department, for good cause, may grant a fourteen-day extension | 35614 |
| of the time for filing cost reports upon written request from a | 35615 |
| 35616 | |
| prescribe, in rules adopted | 35617 |
| section 5111.02 of the Revised Code, the cost reporting form and a | 35618 |
| uniform chart of accounts for the purpose of cost reporting, and | 35619 |
| shall distribute cost reporting forms or computer software for | 35620 |
| electronic submission of the cost report to
each | 35621 |
| 35622 | |
| at least sixty days before the | 35623 |
| | 35624 |
| 35625 | |
| 35626 | |
| 35627 | |
| 35628 | |
| 35629 |
| (2) If a | 35630 |
| 35631 | |
| report for a nursing facility or intermediate care facility for | 35632 |
| the mentally retarded does
not file the | 35633 |
| required time | 35634 |
| an extension is granted under
division (A)(1) | 35635 |
| or files an incomplete or inadequate report for the facility, the | 35636 |
| department shall provide immediate written
notice to the | 35637 |
| provider that | 35638 |
|
terminated in thirty days unless the | 35639 |
| complete and adequate cost report for the facility within thirty | 35640 |
| days. During the thirty-day termination period or any additional | 35641 |
| time allowed for an appeal of the proposed termination of a | 35642 |
| provider agreement,
the | 35643 |
| facility's then current per resident per day rate, minus two | 35644 |
| dollars. On July 1, 1994, the department shall adjust the | 35645 |
| two-dollar reduction to reflect the rate of inflation during the | 35646 |
| preceding twelve months, as shown in the consumer price index for | 35647 |
| all items for all urban consumers for the north central region, | 35648 |
| published by the United States bureau of labor statistics. On July | 35649 |
| 1, 1995, and the first day of July of each year thereafter, the | 35650 |
| department shall adjust the amount of the reduction in effect | 35651 |
| during the previous twelve months to reflect the rate of inflation | 35652 |
| during the preceding twelve months, as shown in the same index. | 35653 |
| (B) No | 35654 |
| 35655 | |
| 5111.35 to 5111.62 or section 5111.99 of the Revised Code in any | 35656 |
| cost report filed under this section. | 35657 |
| (C) The department shall develop an addendum to the cost | 35658 |
|
report form that a | 35659 |
| 35660 | |
| the
| 35661 |
| 35662 | |
| 35663 | |
| 35664 | |
| 35665 | |
| 35666 | |
| 35667 | |
| 35668 | |
| 35669 | |
| 35670 | |
| 35671 |
| Sec. 5111.231. As used in this section, "franchise permit | 35672 |
| fee" means the fee imposed by sections 3721.50 to 3721.58 of the | 35673 |
| Revised Code. | 35674 |
| A provider of a nursing facility filing the facility's cost | 35675 |
| report with the department of job and family services under | 35676 |
| section 5111.23 of the Revised Code shall report as a | 35677 |
| nonreimbursable expense the cost of the portion of the franchise | 35678 |
| permit fee that is deposited into the nursing facility | 35679 |
| stabilization fund pursuant to section 3721.561 of the Revised | 35680 |
| Code. | 35681 |
| | 35682 |
| 35683 | |
| 35684 | |
| 35685 | |
| 35686 | |
| 35687 | |
| 35688 | |
| 35689 | |
| 35690 | |
| 35691 | |
| 35692 | |
| 35693 | |
| 35694 | |
| 35695 | |
| 35696 | |
| 35697 | |
| 35698 | |
| 35699 |
| | 35700 |
| 35701 |
| | 35702 |
| 35703 | |
| 35704 | |
| 35705 |
| | 35706 |
| | 35707 |
| 35708 |
| | 35709 |
| 35710 |
| | 35711 |
| 35712 | |
| 35713 |
| | 35714 |
| 35715 | |
| 35716 |
| | 35717 |
| 35718 | |
| 35719 | |
| 35720 | |
| 35721 | |
| 35722 | |
| 35723 |
| | 35724 |
| calendar quarter, each provider of a nursing facility and each | 35725 |
| provider of an intermediate care facility for the mentally | 35726 |
| retarded shall | 35727 |
| assessment data | 35728 |
| 35729 | |
| of payment source, who was in the facility or on hospital or | 35730 |
| therapeutic leave from the facility on the last day of the | 35731 |
| quarter. Providers of a nursing facility shall submit the data to | 35732 |
| the department of health and, if required by rules, the department | 35733 |
| of job and family services. Providers of an intermediate care | 35734 |
| facility for the mentally retarded shall submit the data to the | 35735 |
| department of job and family services. The data shall be submitted | 35736 |
| not later than fifteen days after the end of the calendar quarter | 35737 |
| for which the data is compiled. | 35738 |
| | 35739 |
| 35740 | |
| 35741 | |
| 35742 | |
| 35743 | |
| 35744 | |
| 35745 |
| ( | 35746 |
| 35747 | |
| 35748 | |
| 35749 | |
| 35750 | |
| 35751 | |
| 35752 | |
| 35753 | |
| 35754 | |
| 35755 | |
| 35756 | |
| 35757 | |
| 35758 | |
| 35759 | |
| 35760 |
| | 35761 |
| 35762 | |
| 35763 | |
| 35764 | |
| 35765 | |
| 35766 | |
| 35767 | |
| 35768 | |
| 35769 |
| | 35770 |
| 35771 | |
| 35772 | |
| 35773 | |
| 35774 | |
| 35775 | |
| 35776 | |
| 35777 | |
| 35778 | |
| 35779 | |
| 35780 | |
| 35781 | |
| 35782 | |
| 35783 | |
| 35784 | |
| 35785 | |
| 35786 | |
| 35787 |
| | 35788 |
| 35789 | |
| 35790 | |
| 35791 | |
| 35792 | |
| 35793 | |
| 35794 | |
| 35795 | |
| 35796 | |
| 35797 | |
| 35798 |
| | 35799 |
| 35800 | |
| 35801 | |
| 35802 | |
| 35803 |
| | 35804 |
| 35805 | |
| services adopts under section 5111.02 of the Revised Code shall do | 35806 |
| 35807 |
| | 35808 |
| providers shall use to compile the assessment data required by | 35809 |
| this section; | 35810 |
| (B) Specify whether providers of a nursing facility must | 35811 |
| submit the assessment data to the department of job and family | 35812 |
| services; | 35813 |
| (C) Specify the medium or media through which the completed | 35814 |
|
assessment | 35815 |
| | 35816 |
| 35817 | |
| accuracy and | 35818 |
| any | 35819 |
| | 35820 |
| correct
assessment | 35821 |
| 35822 | |
| 35823 | |
| 35824 | |
| 35825 | |
| 35826 | |
| 35827 | |
| 35828 | |
| reasonable period of time by which providers shall submit the | 35829 |
| corrections. The procedures may limit the content of corrections | 35830 |
| by providers of a nursing | 35831 |
| required by regulations adopted by the United States department of | 35832 |
|
health and human services under | 35833 |
| 35834 | |
| 35835 | |
| 35836 | |
| 35837 |
| | 35838 |
| 35839 | |
| 35840 | |
| 35841 |
| | 35842 |
| 35843 | |
| 35844 | |
| 35845 |
| | 35846 |
| 35847 | |
| 35848 | |
| 35849 | |
| 35850 | |
| 35851 | |
| 35852 | |
| 35853 | |
| 35854 | |
| 35855 | |
| 35856 |
| | 35857 |
| therapy services" means physical therapy, occupational therapy, | 35858 |
| audiology, and speech therapy services that are provided by | 35859 |
| appropriately licensed therapists or therapy assistants and that | 35860 |
| are covered for nursing facility residents either by the medicare | 35861 |
|
program established under Title XVIII | 35862 |
| 35863 | |
| 35864 | |
| 35865 | |
| 35866 |
| (B) | 35867 |
| The costs of non-covered therapy services are not allowable costs | 35868 |
| for nursing facilities for the purpose of determining rates under | 35869 |
| 35870 | |
| 35871 | |
| program. | 35872 |
| (C) The department of job and family services shall process | 35873 |
| no
claims for payment under the | 35874 |
| program for covered therapy services rendered to a resident of a | 35875 |
| nursing facility other than such claims submitted, in accordance | 35876 |
| with this section, by a nursing facility that has a valid provider | 35877 |
| agreement with the department. | 35878 |
| (D) | 35879 |
| provider agreement for a nursing facility may bill the department | 35880 |
| of job and family services for covered
therapy services | 35881 |
| nursing facility provides to residents of any nursing facility who | 35882 |
| are medicaid recipients | 35883 |
| eligible for the medicare program. | 35884 |
| (E) The department shall not process any claim for a covered | 35885 |
| therapy service provided to a nursing facility resident who is | 35886 |
| eligible for the medicare program unless the claim is for a | 35887 |
| copayment or deductible or the conditions in division (E)(1) or | 35888 |
| (2) of this section apply: | 35889 |
| (1) The covered therapy service provided is, under the | 35890 |
| federal statutes, regulations, or policies governing the medicare | 35891 |
| program, not covered by the medicare program and the service is, | 35892 |
| under the provisions of this chapter or the rules adopted under | 35893 |
| 35894 | |
| 35895 |
| (2) All of the following apply: | 35896 |
| (a) The individual or entity who provided the covered therapy | 35897 |
| service was eligible to bill the medicare program for the service. | 35898 |
| (b) A complete, accurate, and timely claim was submitted to | 35899 |
| the medicare program and the program denied payment for the | 35900 |
| service as not medically necessary for the resident. For the | 35901 |
| purposes of division (E)(2)(b) of this section, a claim is not | 35902 |
| considered to have been denied by the medicare program until | 35903 |
| either a denial has been issued following a medicare fair hearing | 35904 |
| or six months have elapsed since the request for a fair hearing | 35905 |
| was filed. | 35906 |
| (c) The facility is required to provide or arrange for the | 35907 |
| provision of the service by a licensed therapist or therapy | 35908 |
| assistant to be in compliance with federal or state nursing | 35909 |
|
facility certification requirements for the | 35910 |
| medicaid program. | 35911 |
| (d) The claim for payment for the services under the
| 35912 |
| 35913 | |
| divisions (E)(2)(b) and (c) of this section apply to the service. | 35914 |
| (F) The reimbursement allowed by the department for covered | 35915 |
| therapy services provided to nursing facility residents and billed | 35916 |
| under division (D) or (E) of this section shall be fifteen per | 35917 |
| cent less than the fees it pays for the same services rendered to | 35918 |
| hospital outpatients. The director may
adopt rules
| 35919 |
| 35920 | |
| establishing comparable fees for covered therapy services that are | 35921 |
| not included in its schedule of fees paid for services rendered to | 35922 |
| hospital outpatients. | 35923 |
| | 35924 |
| 35925 | |
| 35926 | |
| 35927 | |
| 35928 | |
| 35929 | |
| 35930 | |
| 35931 |
| Sec. 5111.251. If one or more medicaid-certified beds are | 35932 |
| relocated from one nursing facility to another nursing facility | 35933 |
| owned by a different person or government entity after the | 35934 |
| effective date of this section, amortization of the cost of | 35935 |
| acquiring operating rights for the transferred beds is not an | 35936 |
| allowable cost for the purpose of determining the nursing | 35937 |
| facility's medicaid reimbursement rate for nursing facility | 35938 |
| services provided during fiscal year 2008 or thereafter. | 35939 |
| | 35940 |
| nursing | 35941 |
| facility for the mentally retarded | 35942 |
| 35943 | |
| 35944 | |
| per day rates that the department of job and family services has | 35945 |
| established for | 35946 |
| 35947 | |
| for the fiscal year for which the
| 35948 |
| 35949 | |
| temporary absence under conditions prescribed by the department, | 35950 |
| to include hospitalization for an acute condition, visits with | 35951 |
| relatives and friends, and participation in therapeutic programs | 35952 |
| outside the facility, when the resident's plan of care provides | 35953 |
| for such absence and federal participation
in the | 35954 |
| is available. The maximum period during which payments may be made | 35955 |
| to reserve a bed shall not exceed the maximum period specified | 35956 |
| under federal regulations, and shall not be more than thirty days | 35957 |
| during any calendar year for hospital stays, visits with relatives | 35958 |
| and friends, and participation in therapeutic programs. Recipients | 35959 |
| who have been identified by the department as requiring the level | 35960 |
| of care of an intermediate care facility for the mentally retarded | 35961 |
| shall not be subject to a maximum period during which payments may | 35962 |
| be made to reserve a bed if prior authorization of the department | 35963 |
| is obtained for hospital stays, visits with relatives and friends, | 35964 |
| and participation in therapeutic programs. The rules that the | 35965 |
| director of job and family
services | 35966 |
| 35967 | |
| 35968 | |
| authorization may be obtained. | 35969 |
| | 35970 |
| 35971 | |
| 35972 | |
| 35973 | |
| 35974 | |
| 35975 | |
| 35976 | |
| 35977 | |
| 35978 |
| | 35979 |
| | 35980 |
| 35981 | |
| 35982 | |
| 35983 | |
| 35984 |
| | 35985 |
| 35986 |
| | 35987 |
| 35988 |
| | 35989 |
| 35990 | |
| 35991 | |
| 35992 | |
| 35993 | |
| 35994 |
| | 35995 |
| 35996 | |
| 35997 | |
| 35998 | |
| 35999 | |
| 36000 | |
| 36001 | |
| 36002 |
| | 36003 |
| 36004 |
| | 36005 |
| 36006 |
| | 36007 |
| 36008 | |
| 36009 | |
| 36010 | |
| 36011 | |
| 36012 | |
| 36013 | |
| 36014 | |
| 36015 | |
| 36016 | |
| 36017 | |
| 36018 | |
| 36019 | |
| 36020 |
| | 36021 |
| 36022 |
| | 36023 |
| 36024 | |
| 36025 | |
| 36026 |
| | 36027 |
| 36028 | |
| 36029 | |
| 36030 | |
| 36031 | |
| 36032 | |
| 36033 | |
| 36034 | |
| 36035 |
| | 36036 |
| 36037 | |
| 36038 | |
| 36039 | |
| 36040 |
| | 36041 |
| 36042 | |
| 36043 | |
| 36044 |
| | 36045 |
| 36046 | |
| 36047 | |
| 36048 | |
| 36049 | |
| 36050 | |
| 36051 | |
| 36052 | |
| 36053 | |
| 36054 | |
| 36055 | |
| 36056 |
| | 36057 |
| 36058 | |
| 36059 | |
| 36060 | |
| 36061 | |
| 36062 | |
| 36063 | |
| 36064 |
| | 36065 |
| 36066 | |
| 36067 | |
| 36068 | |
| 36069 | |
| 36070 |
| | 36071 |
| 36072 | |
| 36073 | |
| 36074 | |
| 36075 | |
| 36076 | |
| 36077 | |
| 36078 | |
| 36079 |
| | 36080 |
| 36081 | |
| 36082 | |
| 36083 | |
| 36084 |
| | 36085 |
| 36086 | |
| 36087 | |
| 36088 |
| | 36089 |
| 36090 | |
| 36091 | |
| 36092 | |
| 36093 |
| | 36094 |
| | 36095 |
| 36096 | |
| 36097 |
| | 36098 |
| 36099 | |
| 36100 | |
| 36101 | |
| 36102 | |
| 36103 |
| | 36104 |
| 36105 | |
| 36106 | |
| 36107 | |
| 36108 | |
| 36109 |
| | 36110 |
| 36111 | |
| 36112 | |
| 36113 | |
| 36114 | |
| 36115 | |
| 36116 |
| | 36117 |
| 36118 |
| | 36119 |
| 36120 | |
| 36121 | |
| 36122 | |
| 36123 | |
| 36124 | |
| 36125 | |
| 36126 |
| | 36127 |
| 36128 | |
| 36129 | |
| 36130 | |
| 36131 | |
| 36132 |
| | 36133 |
| 36134 | |
| 36135 | |
| 36136 | |
| 36137 | |
| 36138 | |
| 36139 |
| | 36140 |
| 36141 |
| | 36142 |
| 36143 | |
| 36144 |
| | 36145 |
| 36146 | |
| 36147 | |
| 36148 | |
| 36149 | |
| 36150 | |
| 36151 | |
| 36152 |
| | 36153 |
| 36154 | |
| 36155 | |
| 36156 | |
| 36157 |
| | 36158 |
| 36159 | |
| 36160 | |
| 36161 |
| | 36162 |
| 36163 | |
| 36164 | |
| 36165 | |
| 36166 | |
| 36167 | |
| 36168 | |
| 36169 | |
| 36170 | |
| 36171 |
| | 36172 |
| 36173 | |
| 36174 |
| | 36175 |
| 36176 | |
| 36177 | |
| 36178 | |
| 36179 |
| | 36180 |
| 36181 | |
| 36182 | |
| 36183 | |
| 36184 | |
| 36185 | |
| 36186 | |
| 36187 | |
| 36188 |
| | 36189 |
| 36190 | |
| 36191 | |
| 36192 | |
| 36193 |
| | 36194 |
| 36195 | |
| 36196 | |
| 36197 |
| | 36198 |
| 36199 | |
| 36200 | |
| 36201 | |
| 36202 | |
| 36203 | |
| 36204 |
| | 36205 |
| 36206 | |
| 36207 | |
| 36208 | |
| 36209 |
| | 36210 |
| 36211 | |
| 36212 | |
| 36213 |
| | 36214 |
| 36215 | |
| 36216 | |
| 36217 | |
| 36218 | |
| 36219 | |
| 36220 | |
| 36221 | |
| 36222 | |
| 36223 | |
| 36224 |
| | 36225 |
| 36226 | |
| 36227 | |
| 36228 | |
| 36229 |
| | 36230 |
| 36231 | |
| 36232 | |
| 36233 |
| | 36234 |
| 36235 | |
| 36236 | |
| 36237 | |
| 36238 |
| | 36239 |
| 36240 | |
| 36241 | |
| 36242 | |
| 36243 | |
| 36244 |
| | 36245 |
| 36246 | |
| 36247 | |
| 36248 | |
| 36249 |
| | 36250 |
| 36251 | |
| 36252 | |
| 36253 | |
| 36254 | |
| 36255 |
| | 36256 |
| | 36257 |
| 36258 | |
| 36259 |
| | 36260 |
| 36261 | |
| 36262 | |
| 36263 | |
| 36264 | |
| 36265 |
| | 36266 |
| 36267 | |
| 36268 | |
| 36269 | |
| 36270 |
| | 36271 |
| 36272 | |
| 36273 | |
| 36274 | |
| 36275 | |
| 36276 |
| | 36277 |
| 36278 |
| | 36279 |
| 36280 | |
| 36281 | |
| 36282 | |
| 36283 | |
| 36284 | |
| 36285 |
| | 36286 |
| 36287 |
| | 36288 |
| 36289 | |
| 36290 | |
| 36291 |
| | 36292 |
| 36293 | |
| 36294 |
| | 36295 |
| 36296 |
| | 36297 |
| 36298 |
| | 36299 |
| 36300 |
| | 36301 |
| 36302 | |
| 36303 | |
| 36304 | |
| 36305 | |
| 36306 | |
| 36307 | |
| 36308 | |
| 36309 |
| | 36310 |
| 36311 | |
| 36312 | |
| 36313 | |
| 36314 |
| | 36315 |
| 36316 |
| | 36317 |
| 36318 |
| | 36319 |
| 36320 |
| | 36321 |
| 36322 | |
| 36323 |
| | 36324 |
| 36325 | |
| 36326 |
| | 36327 |
| 36328 |
| | 36329 |
| 36330 | |
| 36331 |
| | 36332 |
| 36333 | |
| 36334 | |
| 36335 |
| | 36336 |
| 36337 | |
| 36338 |
| | 36339 |
| 36340 |
| | 36341 |
| 36342 | |
| 36343 |
| | 36344 |
| 36345 | |
| 36346 | |
| 36347 |
| | 36348 |
| 36349 | |
| 36350 | |
| 36351 |
| | 36352 |
| 36353 | |
| 36354 |
| | 36355 |
| 36356 |
| | 36357 |
| 36358 | |
| 36359 |
| | 36360 |
| 36361 | |
| 36362 | |
| 36363 |
| | 36364 |
| 36365 | |
| 36366 | |
| 36367 |
| | 36368 |
| 36369 | |
| 36370 |
| | 36371 |
| 36372 | |
| 36373 |
| ( | 36374 |
| 36375 |
| | 36376 |
| 36377 | |
| 36378 | |
| 36379 |
| | 36380 |
| 36381 | |
| 36382 | |
| 36383 | |
| 36384 |
| | 36385 |
| 36386 | |
| 36387 | |
| 36388 |
| | 36389 |
| 36390 | |
| 36391 |
| | 36392 |
| 36393 | |
| 36394 | |
| 36395 | |
| 36396 | |
| 36397 | |
| 36398 |
| | 36399 |
| 36400 | |
| 36401 | |
| 36402 | |
| 36403 | |
| 36404 | |
| 36405 | |
| 36406 | |
| 36407 | |
| 36408 | |
| 36409 | |
| 36410 | |
| 36411 |
| | 36412 |
| 36413 | |
| 36414 | |
| 36415 | |
| 36416 | |
| 36417 | |
| 36418 | |
| 36419 |
| | 36420 |
| 36421 | |
| 36422 | |
| 36423 | |
| 36424 | |
| 36425 | |
| 36426 | |
| 36427 | |
| 36428 | |
| 36429 |
| | 36430 |
| 36431 | |
| 36432 |
| | 36433 |
| 36434 | |
| 36435 | |
| 36436 | |
| 36437 |
| | 36438 |
| 36439 | |
| 36440 | |
| 36441 | |
| 36442 | |
| 36443 | |
| 36444 | |
| 36445 | |
| 36446 | |
| 36447 | |
| 36448 | |
| 36449 | |
| 36450 | |
| 36451 | |
| 36452 | |
| 36453 | |
| 36454 |
| | 36455 |
| 36456 | |
| 36457 | |
| 36458 | |
| 36459 | |
| 36460 |
| | 36461 |
| 36462 | |
| 36463 | |
| 36464 | |
| 36465 | |
| the date on which a transaction of sale of a nursing facility or | 36466 |
| intermediate care facility for the mentally retarded is closed, | 36467 |
| the provider who is an owner or former provider who is an owner of | 36468 |
| the facility shall refund to the department of job and familiy | 36469 |
| services the amount of excess depreciation
paid to
the | 36470 |
| provider or former provider by the department for each year the | 36471 |
| 36472 | |
| a provider agreement and prorated according to the number of | 36473 |
| medicaid patient days for
which the
| 36474 |
| provider has received payment. | 36475 |
| 36476 | |
| 36477 | |
| 36478 | |
| 36479 | |
| 36480 | |
| 36481 | |
| 36482 | |
| 36483 | |
| 36484 | |
| 36485 | |
| 36486 | |
| former provider who is an owner of a nursing facility or | 36487 |
| intermediate care facility for the mentally retarded that is sold | 36488 |
| or that
| 36489 |
| or voluntary withdrawal of participation
| 36490 |
| 36491 | |
| shall refund any other amount that the department properly finds | 36492 |
| to be due after | 36493 |
| 36494 |
| For the purposes of this
| 36495 |
| (A) "Depreciation paid
to the | 36496 |
| provider" means the amount
paid to the | 36497 |
| or former provider
for cost of ownership pursuant to
| 36498 |
| rules adopted under section 5111.02 of the Revised Code less any | 36499 |
| amount paid for interest costs, amortization of financing costs, | 36500 |
| and lease expenses. | 36501 |
| (B) "Excess depreciation" is the | 36502 |
| depreciated basis, which is the owner's cost less accumulated | 36503 |
| depreciation, subtracted from the purchase price net of selling | 36504 |
| costs but not exceeding the amount of depreciation paid to the | 36505 |
| 36506 |
| | 36507 |
| 36508 | |
| 36509 | |
| 36510 | |
| 36511 | |
| 36512 | |
| 36513 | |
| 36514 | |
| 36515 | |
| 36516 | |
| 36517 | |
| 36518 | |
| 36519 | |
| 36520 | |
| 36521 | |
| 36522 | |
| 36523 | |
| 36524 | |
| 36525 | |
| 36526 |
| | 36527 |
| 36528 | |
| 36529 | |
| 36530 |
| | 36531 |
| 36532 | |
| 36533 | |
| 36534 | |
| 36535 | |
| 36536 | |
| 36537 |
| | 36538 |
| 36539 | |
| 36540 | |
| 36541 | |
| 36542 | |
| 36543 | |
| 36544 | |
| 36545 | |
| 36546 | |
| 36547 | |
| 36548 | |
| 36549 | |
| 36550 | |
| 36551 | |
| 36552 | |
| 36553 | |
| 36554 | |
| 36555 |
| (C) A transfer of corporate stock, the merger of one | 36556 |
| corporation into another, or a consolidation does not constitute a | 36557 |
| sale. | 36558 |
| | 36559 |
| 36560 | |
| 36561 | |
| 36562 | |
| 36563 | |
| 36564 | |
| 36565 | |
| 36566 | |
| 36567 | |
| 36568 |
| | 36569 |
| 36570 | |
| 36571 | |
| 36572 | |
| 36573 | |
| 36574 | |
| 36575 |
| | 36576 |
| 36577 | |
| 36578 | |
| 36579 | |
| 36580 |
| | 36581 |
| 36582 | |
| 36583 | |
| 36584 | |
| 36585 | |
| 36586 | |
| 36587 | |
| 36588 | |
| 36589 | |
| 36590 | |
| 36591 | |
| 36592 | |
| 36593 | |
| 36594 |
| Sec. 5111.28. (A) | 36595 |
| 36596 | |
| 36597 | |
| 36598 | |
| 36599 | |
| 36600 | |
| 36601 | |
| 36602 | |
| 36603 | |
| 36604 | |
| 36605 | |
| 36606 | |
| 36607 | |
| 36608 | |
| 36609 | |
| 36610 | |
| 36611 | |
| 36612 | |
| 36613 | |
| that a nursing facility or intermediate care facility for the | 36614 |
| mentally retarded provides during fiscal year 2005 or earlier. | 36615 |
| (B) If | 36616 |
| in accordance with rules that
section | 36617 |
| Revised Code provides for, the department of job and family | 36618 |
| services makes a
finding based on | 36619 |
| conducted under | 36620 |
| department makes a finding based on an exception review of | 36621 |
| resident
assessment | 36622 |
| after the effective date of the rate for direct care costs that is | 36623 |
| based on
the assessment | 36624 |
| a determination that the provider has received a higher rate than | 36625 |
| it was entitled to receive, the department shall recalculate the | 36626 |
| provider's rate using the revised information. The department | 36627 |
| shall apply the recalculated rate to the periods when the provider | 36628 |
| received the incorrect rate to determine the amount of the | 36629 |
| overpayment. The provider shall refund the amount of the | 36630 |
| overpayment. | 36631 |
| In addition to requiring a refund under this division, the | 36632 |
| department may charge the provider interest at the applicable rate | 36633 |
| specified in this division from the time the overpayment was made. | 36634 |
| (1) If the overpayment resulted from costs reported for | 36635 |
| calendar year 1993, the interest shall be no greater than one and | 36636 |
| one-half times the average bank prime rate. | 36637 |
| (2) If the overpayment resulted from costs reported for | 36638 |
| 36639 |
| (a) The interest shall be no greater than two times the | 36640 |
| average bank prime rate if the overpayment was equal to or less | 36641 |
| than one per cent of the total medicaid payments to the provider | 36642 |
| for the fiscal year for which the incorrect information was used | 36643 |
| to establish a rate. | 36644 |
| (b) The interest shall be no greater than two and one-half | 36645 |
| times the current average bank prime rate if the overpayment was | 36646 |
| greater than one per cent of the total medicaid payments to the | 36647 |
| provider for the fiscal year for which the incorrect information | 36648 |
| was used to establish a rate. | 36649 |
| (C) The department also may impose the following penalties: | 36650 |
| (1) If a provider does not furnish invoices or other | 36651 |
| documentation that the department requests during an audit within | 36652 |
| sixty days after the request, no more than the greater of one | 36653 |
| thousand dollars per audit or twenty-five per cent of the | 36654 |
| cumulative amount by which the costs for which documentation was | 36655 |
| not furnished increased the total medicaid payments to the | 36656 |
| provider during the fiscal year for which the costs were used to | 36657 |
| establish a rate; | 36658 |
| (2) If an owner fails to provide notice of sale of the | 36659 |
|
facility
or voluntary termination of participation in the
| 36660 |
| 36661 | |
| 5111.27 or former section 5111.251 of the Revised Code on the day | 36662 |
| before the effective date of this amendment, no more than the | 36663 |
| current average bank prime rate plus four per cent of the last two | 36664 |
| monthly payments. | 36665 |
| (D) | 36666 |
| 36667 | |
| 36668 | |
| 36669 | |
| 36670 | |
| 36671 | |
| 36672 | |
| 36673 | |
| 36674 |
| | 36675 |
| 36676 |
| | 36677 |
| determine the average bank prime rate using statistical release | 36678 |
| H.15, "selected interest rates," a weekly publication of the | 36679 |
| federal reserve board, or any successor publication. If | 36680 |
| statistical release H.15, or its successor, ceases to contain the | 36681 |
| bank prime rate information or ceases to be published, the | 36682 |
| department shall request a written statement of the average bank | 36683 |
| prime rate from the federal reserve bank of Cleveland or the | 36684 |
| federal reserve board. | 36685 |
| Sec. 5111.29. If a provider, pursuant to section 5111.28 of | 36686 |
| the Revised Code or rules that section 5111.31 provides for, owes | 36687 |
| the department of job and family services a refund or is required | 36688 |
| to pay interest or a penalty, the department of job and family | 36689 |
| services shall deduct the amount of the refund, interest, and | 36690 |
| penalty from the next available payment the department makes to | 36691 |
| the provider under the medicaid program. If section 5111.681 of | 36692 |
| the Revised Code applies, the department shall collect the refund, | 36693 |
| interest, and penalty as part of the withholding the department | 36694 |
| makes under that section. | 36695 |
| The department shall transmit the refunds, interest, and | 36696 |
| penalties to the treasurer of state for deposit into the general | 36697 |
| revenue fund. | 36698 |
| | 36699 |
| 36700 | |
| 36701 | |
| 36702 | |
| 36703 | |
| 36704 | |
| 36705 | |
| 36706 | |
| 36707 | |
| 36708 |
| | 36709 |
| 36710 | |
| 36711 | |
| 36712 | |
| 36713 | |
| 36714 | |
| 36715 | |
| 36716 | |
| 36717 | |
| 36718 | |
| 36719 | |
| 36720 | |
| 36721 | |
| 36722 | |
| 36723 | |
| 36724 |
| | 36725 |
| 36726 | |
| 36727 | |
| 36728 | |
| 36729 | |
| 36730 | |
| 36731 | |
| 36732 | |
| 36733 | |
| 36734 | |
| 36735 | |
| 36736 | |
| 36737 | |
| 36738 | |
| 36739 | |
| 36740 | |
| 36741 | |
| 36742 | |
| 36743 | |
| 36744 | |
| 36745 | |
| 36746 | |
| 36747 | |
| 36748 | |
| 36749 | |
| 36750 | |
| 36751 | |
| 36752 | |
| 36753 | |
| 36754 | |
| 36755 | |
| 36756 | |
| 36757 |
| | 36758 |
| 36759 | |
| 36760 | |
| 36761 | |
| 36762 | |
| 36763 |
| | 36764 |
| 36765 | |
| 36766 | |
| 36767 | |
| 36768 | |
| 36769 | |
| 36770 | |
| 36771 | |
| 36772 | |
| 36773 | |
| 36774 | |
| 36775 | |
| 36776 | |
| 36777 | |
| 36778 | |
| 36779 | |
| 36780 | |
| 36781 | |
| 36782 | |
| 36783 | |
| 36784 | |
| 36785 | |
| 36786 | |
| 36787 |
| | 36788 |
| 36789 |
| | 36790 |
| 36791 | |
| 36792 |
| | 36793 |
| 36794 | |
| 36795 | |
| 36796 |
| | 36797 |
| to an adjudication conducted in accordance with Chapter 119. of | 36798 |
| the Revised Code: | 36799 |
| (A) Any adverse finding that the department of job and family | 36800 |
| services makes as
the
result of | 36801 |
| under section | 36802 |
| (B) Any adverse finding that results from an exception review | 36803 |
| of
resident
assessment | 36804 |
| submitted under section 5111.24 of the Revised Code after the | 36805 |
|
effective date of | 36806 |
| intermediate care facility for the mentally retarded's rate that | 36807 |
| is based on
the
assessment information | 36808 |
| (C) Any overpayment deemed under section 5111.683 of the | 36809 |
| Revised Code; | 36810 |
| (D) Any penalty the department
imposes
under | 36811 |
| the following: | 36812 |
| (1) Division (C) of section 5111.28 of the Revised Code
| 36813 |
| 36814 | |
| 36815 |
| (2) Rules that section 5111.31 of the Revised Code provides | 36816 |
| for; | 36817 |
| (3) Section 5111.683 of the Revised Code. | 36818 |
| Sec. 5111.31. The rules that the director of job and family | 36819 |
| services adopts under section 5111.02 of the Revised Code | 36820 |
| regarding the medicaid program's coverage of services provided by | 36821 |
| nursing facilities and intermediate care facilities for the | 36822 |
| mentally retarded shall establish requirements for all of the | 36823 |
| following: | 36824 |
| (A) Amending cost reports submitted under section 5111.23 of | 36825 |
| the Revised Code; | 36826 |
| (B) Administrative reviews of such cost reports; | 36827 |
| (C) Final fiscal audits conducted under section 5111.021 of | 36828 |
| the Revised Code; | 36829 |
| (D) Exception reviews of resident assessment data submitted | 36830 |
| under section 5111.24 of the Revised Code; | 36831 |
| (E) Refunds of overpayments identified as a result of any of | 36832 |
| the proceedings specified in divisions (B), (C), and (D) of this | 36833 |
| section; | 36834 |
| (F) The imposition of penalties, requirements that facilities | 36835 |
| pay interest, and the making of rate adjustments as a result of | 36836 |
| any of the proceedings specified in divisions (B), (C), and (D) of | 36837 |
| this section. | 36838 |
| Sec. 5111.62. The proceeds of all fines, including interest, | 36839 |
| collected under sections 5111.35 to 5111.62 of the Revised Code | 36840 |
| shall be deposited in the state treasury to the credit of the | 36841 |
| residents protection fund, which is hereby created.
| 36842 |
| proceeds of all fines, including interest, collected under section | 36843 |
| 173.42 of the Revised Code shall be deposited in the state | 36844 |
| treasury to the credit of the residents protection fund. | 36845 |
| Moneys in the fund shall be used for the protection of the | 36846 |
| health or property of residents of nursing facilities in which the | 36847 |
| department of health finds deficiencies, including payment for the | 36848 |
| costs of relocation of residents to other facilities, maintenance | 36849 |
| of operation of a facility pending correction of deficiencies or | 36850 |
| closure, and reimbursement of residents for the loss of money | 36851 |
| managed by the facility under section 3721.15 of the Revised Code. | 36852 |
| 36853 |
| The fund shall be maintained and administered by the | 36854 |
| department of job and family services under rules developed in | 36855 |
| consultation with the departments of health and aging and adopted | 36856 |
| by the director of job and family services under Chapter 119. of | 36857 |
| the Revised Code. | 36858 |
| Sec. 5111.65. As used in sections 5111.65 to 5111.688 of the | 36859 |
| Revised Code: | 36860 |
| (A) "Change of operator" means an entering operator becoming | 36861 |
| the operator of a nursing facility or intermediate care facility | 36862 |
| for the mentally retarded in the place of the exiting operator. | 36863 |
| (1) Actions that constitute a change of operator include the | 36864 |
| following: | 36865 |
| (a) A change in an exiting operator's form of legal | 36866 |
| organization, including the formation of a partnership or | 36867 |
| corporation from a sole proprietorship; | 36868 |
| (b) A transfer of all the exiting operator's ownership | 36869 |
| interest in the operation of the facility to the entering | 36870 |
| operator, regardless of whether ownership of any or all of the | 36871 |
| real property or personal property associated with the facility is | 36872 |
| also transferred; | 36873 |
| (c) A lease of the facility to the entering operator or the | 36874 |
| exiting operator's termination of the exiting operator's lease; | 36875 |
| (d) If the exiting operator is a partnership, dissolution of | 36876 |
| the partnership; | 36877 |
| (e) If the exiting operator is a partnership, a change in | 36878 |
| composition of the partnership unless both of the following apply: | 36879 |
| (i) The change in composition does not cause the | 36880 |
| partnership's dissolution under state law. | 36881 |
| (ii) The partners agree that the change in composition does | 36882 |
| not constitute a change in operator. | 36883 |
| (f) If the operator is a corporation, dissolution of the | 36884 |
| corporation, a merger of the corporation into another corporation | 36885 |
| that is the survivor of the merger, or a consolidation of one or | 36886 |
| more other corporations to form a new corporation. | 36887 |
| (2) The following, alone, do not constitute a change of | 36888 |
| operator: | 36889 |
| (a) A contract for an entity to manage a nursing facility or | 36890 |
| intermediate care facility for the mentally retarded as the | 36891 |
| operator's agent, subject to the operator's approval of daily | 36892 |
| operating and management decisions; | 36893 |
| (b) A change of ownership, lease, or termination of a lease | 36894 |
| of real property or personal property associated with a nursing | 36895 |
| facility or intermediate care facility for the mentally retarded | 36896 |
| if an entering operator does not become the operator in place of | 36897 |
| an exiting operator; | 36898 |
| (c) If the operator is a corporation, a change of one or more | 36899 |
| members of the corporation's governing body or transfer of | 36900 |
| ownership of one or more shares of the corporation's stock, if the | 36901 |
| same corporation continues to be the operator. | 36902 |
| (B) "Effective date of a change of operator" means the day | 36903 |
| the entering operator becomes the operator of the nursing facility | 36904 |
| or intermediate care facility for the mentally retarded. | 36905 |
| (C) "Effective date of a facility closure" means the last day | 36906 |
| that the last of the residents of the nursing facility or | 36907 |
| intermediate care facility for the mentally retarded resides in | 36908 |
| the facility. | 36909 |
| (D) "Effective date of a voluntary termination" means the day | 36910 |
| the intermediate care facility for the mentally retarded ceases to | 36911 |
| accept medicaid patients. | 36912 |
| (E) "Effective date of a voluntary withdrawal of | 36913 |
| participation" means the day the nursing facility ceases to accept | 36914 |
| new medicaid patients other than the individuals who reside in the | 36915 |
| nursing facility on the day before the effective date of the | 36916 |
| voluntary withdrawal of participation. | 36917 |
| (F) "Entering operator" means the person or government entity | 36918 |
| that will become the operator of a nursing facility or | 36919 |
| intermediate care facility for the mentally retarded when a change | 36920 |
| of operator occurs. | 36921 |
| (G) "Exiting operator" means any of the following: | 36922 |
| (1) An operator that will cease to be the operator of a | 36923 |
| nursing facility or intermediate care facility for the mentally | 36924 |
| retarded on the effective date of a change of operator; | 36925 |
| (2) An operator that will cease to be the operator of a | 36926 |
| nursing facility or intermediate care facility for the mentally | 36927 |
| retarded on the effective date of a facility closure; | 36928 |
| (3) An operator of an intermediate care facility for the | 36929 |
| mentally retarded that is undergoing or has undergone a voluntary | 36930 |
| termination; | 36931 |
| (4) An operator of a nursing facility that is undergoing or | 36932 |
| has undergone a voluntary withdrawal of participation. | 36933 |
| (H)(1) "Facility closure" means discontinuance of the use of | 36934 |
| the building, or part of the building, that houses the facility as | 36935 |
| a nursing facility or intermediate care facility for the mentally | 36936 |
| retarded that results in the relocation of all of the facility's | 36937 |
| residents. A facility closure occurs regardless of any of the | 36938 |
| following: | 36939 |
| (a) The operator completely or partially replacing the | 36940 |
| facility by constructing a new facility or transferring the | 36941 |
| facility's license to another facility; | 36942 |
| (b) The facility's residents relocating to another of the | 36943 |
| operator's facilities; | 36944 |
| (c) Any action the department of health takes regarding the | 36945 |
| facility's certification under Title XIX of the "Social Security | 36946 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may | 36947 |
| result in the transfer of part of the facility's survey findings | 36948 |
| to another of the operator's facilities; | 36949 |
| (d) Any action the department of health takes regarding the | 36950 |
| facility's license under Chapter 3721. of the Revised Code; | 36951 |
| (e) Any action the department of mental retardation and | 36952 |
| developmental disabilities takes regarding the facility's license | 36953 |
| under section 5123.19 of the Revised Code. | 36954 |
| (2) A facility closure does not occur if all of the | 36955 |
| facility's residents are relocated due to an emergency evacuation | 36956 |
| and one or more of the residents return to a medicaid-certified | 36957 |
| bed in the facility not later than thirty days after the | 36958 |
| evacuation occurs. | 36959 |
| (I) "Fiscal year," "intermediate care facility for the | 36960 |
| mentally retarded," "nursing home," "operator," "owner," and | 36961 |
| "provider agreement" have the same meanings as in section 5111.20 | 36962 |
| of the Revised Code. | 36963 |
| (J) "Voluntary termination" means an operator's voluntary | 36964 |
| election to terminate the participation of an intermediate care | 36965 |
| facility for the mentally retarded in the medicaid program but to | 36966 |
| continue to provide service of the type provided by a residential | 36967 |
| facility as defined in section 5123.19 of the Revised Code. | 36968 |
| (K) "Voluntary withdrawal of participation" means an | 36969 |
| operator's voluntary election to terminate the participation of a | 36970 |
| nursing facility in the medicaid program but to continue to | 36971 |
| provide service of the type provided by a nursing home. | 36972 |
| Sec. 5111.66. An exiting operator or owner of a nursing | 36973 |
| facility or intermediate care facility for the mentally retarded | 36974 |
| participating in the medicaid program shall provide the department | 36975 |
| of job and family services written notice of a facility closure, | 36976 |
| voluntary termination, or voluntary withdrawal of participation | 36977 |
| not less than ninety days before the effective date of the | 36978 |
| facility closure, voluntary termination, or voluntary withdrawal | 36979 |
| of participation. The written notice shall include all of the | 36980 |
| following: | 36981 |
| (A) The name of the exiting operator and, if any, the exiting | 36982 |
| operator's authorized agent; | 36983 |
| (B) The name of the nursing facility or intermediate care | 36984 |
| facility for the mentally retarded that is the subject of the | 36985 |
| written notice; | 36986 |
| (C) The exiting operator's medicaid provider agreement number | 36987 |
| for the facility that is the subject of the written notice; | 36988 |
| (D) The effective date of the facility closure, voluntary | 36989 |
| termination, or voluntary withdrawal of participation; | 36990 |
| (E) The signature of the exiting operator's or owner's | 36991 |
| representative. | 36992 |
| Sec. 5111.661. An operator shall comply with section | 36993 |
| 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), | 36994 |
| 42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility | 36995 |
| undergoes a voluntary withdrawal of participation. | 36996 |
| Sec. 5111.67. (A) An exiting operator or owner and entering | 36997 |
| operator shall provide the department of job and family services | 36998 |
| written notice of a change of operator if the nursing facility or | 36999 |
| intermediate care facility for the mentally retarded participates | 37000 |
| in the medicaid program and the entering operator seeks to | 37001 |
| continue the facility's participation. The written notice shall be | 37002 |
| provided to the department not later than forty-five days before | 37003 |
| the effective date of the change of operator if the change of | 37004 |
| operator does not entail the relocation of residents. The written | 37005 |
| notice shall be provided to the department not later than ninety | 37006 |
| days before the effective date of the change of operator if the | 37007 |
| change of operator entails the relocation of residents. The | 37008 |
| written notice shall include all of the following: | 37009 |
| (1) The name of the exiting operator and, if any, the exiting | 37010 |
| operator's authorized agent; | 37011 |
| (2) The name of the nursing facility or intermediate care | 37012 |
| facility for the mentally retarded that is the subject of the | 37013 |
| change of operator; | 37014 |
| (3) The exiting operator's medicaid provider agreement number | 37015 |
| for the facility that is the subject of the change of operator; | 37016 |
| (4) The name of the entering operator; | 37017 |
| (5) The effective date of the change of operator; | 37018 |
| (6) The manner in which the entering operator becomes the | 37019 |
| facility's operator, including through sale, lease, merger, or | 37020 |
| other action; | 37021 |
| (7) If the manner in which the entering operator becomes the | 37022 |
| facility's operator involves more than one step, a description of | 37023 |
| each step; | 37024 |
| (8) Written authorization from the exiting operator or owner | 37025 |
| and entering operator for the department to process a provider | 37026 |
| agreement for the entering operator; | 37027 |
| (9) The signature of the exiting operator's or owner's | 37028 |
| representative. | 37029 |
| (B) The entering operator shall include a completed | 37030 |
| application for a provider agreement with the written notice to | 37031 |
| the department. The entering operator shall attach to the | 37032 |
| application the following: | 37033 |
| (1) If the written notice is provided to the department | 37034 |
| before the date the exiting operator or owner and entering | 37035 |
| operator complete the transaction for the change of operator, all | 37036 |
| the proposed leases, management agreements, merger agreements and | 37037 |
| supporting documents, and sales contracts and supporting documents | 37038 |
| relating to the facility's change of operator; | 37039 |
| (2) If the written notice is provided to the department on or | 37040 |
| after the date the exiting operator or owner and entering operator | 37041 |
| complete the transaction for the change of operator, copies of all | 37042 |
| the executed leases, management agreements, merger agreements and | 37043 |
| supporting documents, and sales contracts and supporting documents | 37044 |
| relating to the facility's change of operator. | 37045 |
| Sec. 5111.671. The department of job and family services may | 37046 |
| enter into a provider agreement with an entering operator that | 37047 |
| goes into effect at 12:01 a.m. on the effective date of the change | 37048 |
| of operator if all of the following requirements are met: | 37049 |
| (A) The department receives a properly completed written | 37050 |
| notice required by section 5111.67 of the Revised Code on or | 37051 |
| before the date required by that section. | 37052 |
| (B) The entering operator furnishes to the department copies | 37053 |
| of all the fully executed leases, management agreements, merger | 37054 |
| agreements and supporting documents, and sales contracts and | 37055 |
| supporting documents relating to the change of operator not later | 37056 |
| than ten days after the effective date of the change of operator. | 37057 |
| (C) The entering operator is eligible for medicaid payments | 37058 |
| as provided in section 5111.21 of the Revised Code. | 37059 |
| Sec. 5111.672. (A) The department of job and family services | 37060 |
| may enter into a provider agreement with an entering operator that | 37061 |
| goes into effect at 12:01 a.m. on the date determined under | 37062 |
| division (B) of this section if all of the following are the case: | 37063 |
| (1) The department receives a properly completed written | 37064 |
| notice required by section 5111.67 of the Revised Code. | 37065 |
| (2) The entering operator furnishes to the department copies | 37066 |
| of all the fully executed leases, management agreements, merger | 37067 |
| agreements and supporting documents, and sales contracts and | 37068 |
| supporting documents relating to the change of operator. | 37069 |
| (3) The requirement of division (A)(1) of this section is met | 37070 |
| after the time required by section 5111.67 of the Revised Code, | 37071 |
| the requirement of division (A)(2) of this section is met more | 37072 |
| than ten days after the effective date of the change of operator, | 37073 |
| or both. | 37074 |
| (4) The entering operator is eligible for medicaid payments | 37075 |
| as provided in section 5111.21 of the Revised Code. | 37076 |
| (B) The department shall determine the date a provider | 37077 |
| agreement entered into under this section is to go into effect as | 37078 |
| follows: | 37079 |
| (1) The effective date shall give the department sufficient | 37080 |
| time to process the change of operator, assure no duplicate | 37081 |
| payments are made, make the withholding required by section | 37082 |
| 5111.681 of the Revised Code, and withhold the final payment to | 37083 |
| the exiting operator until one hundred eighty days after either of | 37084 |
| the following: | 37085 |
| (a) The date that the exiting operator submits to the | 37086 |
| department a properly completed cost report under section 5111.682 | 37087 |
| of the Revised Code; | 37088 |
| (b) The date that the department waives the cost report | 37089 |
| requirement of section 5111.682 of the Revised Code. | 37090 |
| (2) The effective date shall be not earlier than the later of | 37091 |
| the effective date of the change of operator or the date that the | 37092 |
| exiting operator or owner and entering operator comply with | 37093 |
| section 5111.67 of the Revised Code. | 37094 |
| (3) The effective date shall be not later than the following | 37095 |
| after the later of the dates specified in division (B)(2) of this | 37096 |
| section: | 37097 |
| (a) Forty-five days if the change of operator does not entail | 37098 |
| the relocation of residents; | 37099 |
| (b) Ninety days if the change of operator entails the | 37100 |
| relocation of residents. | 37101 |
| Sec. 5111.673. A provider agreement that the department of | 37102 |
| job and family services enters into with an entering operator | 37103 |
| under section 5111.671 or 5111.672 of the Revised Code shall | 37104 |
| satisfy all of the following requirements: | 37105 |
| (A) Comply with all applicable federal statutes and | 37106 |
| regulations; | 37107 |
| (B) Comply with section 5111.22 of the Revised Code and all | 37108 |
| other applicable state statutes and rules; | 37109 |
| (C) Include all the terms and conditions of the exiting | 37110 |
| operator's provider agreement, including, but not limited to, all | 37111 |
| of the following: | 37112 |
| (1) Any plan of correction; | 37113 |
| (2) Compliance with health and safety standards; | 37114 |
| (3) Compliance with the ownership and financial interest | 37115 |
| disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3; | 37116 |
| (4) Compliance with the civil rights requirements of 45 | 37117 |
| C.F.R. parts 80, 84, and 90; | 37118 |
| (5) Compliance with additional requirements imposed by the | 37119 |
| department; | 37120 |
| (6) Any sanctions relating to remedies for violation of the | 37121 |
| provider agreement, including deficiencies, compliance periods, | 37122 |
| accountability periods, monetary penalties, notification for | 37123 |
| correction of contract violations, and history of deficiencies. | 37124 |
| Sec. 5111.674. In the case of a change of operator, the | 37125 |
| exiting operator shall be considered to be the operator of the | 37126 |
| nursing facility or intermediate care facility for the mentally | 37127 |
| retarded for purposes of the medicaid program, including medicaid | 37128 |
| payments, until the effective date of the entering operator's | 37129 |
| provider agreement if the provider agreement is entered into under | 37130 |
| section 5111.671 or 5111.672 of the Revised Code. | 37131 |
| Sec. 5111.675. The department of job and family services may | 37132 |
| enter into a provider agreement as provided in section 5111.22 of | 37133 |
| the Revised Code, rather than section 5111.671 or 5111.672 of the | 37134 |
| Revised Code, with an entering operator if the entering operator | 37135 |
| does not agree to a provider agreement that satisfies the | 37136 |
| requirements of division (C) of section 5111.673 of the Revised | 37137 |
| Code. The department may not enter into the provider agreement | 37138 |
| unless the department of health certifies the nursing facility or | 37139 |
| intermediate care facility for the mentally retarded under Title | 37140 |
| XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 37141 |
| 1396, as amended. The effective date of the provider agreement | 37142 |
| shall not precede any of the following: | 37143 |
| (A) The date that the department of health certifies the | 37144 |
| facility; | 37145 |
| (B) The effective date of the change of operator; | 37146 |
| (C) The date the requirement of section 5111.67 of the | 37147 |
| Revised Code is satisfied. | 37148 |
| Sec. 5111.676. The director of job and family services may | 37149 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 37150 |
| governing adjustments to the medicaid reimbursement rate for a | 37151 |
| nursing facility or intermediate care facility for the mentally | 37152 |
| retarded that undergoes a change of operator. No rate adjustment | 37153 |
| resulting from a change of operator shall be effective before the | 37154 |
| effective date of the entering operator's provider agreement. This | 37155 |
| is the case regardless of whether the provider agreement is | 37156 |
| entered into under section 5111.671, section 5111.672, or, | 37157 |
| pursuant to section 5111.675, section 5111.22 of the Revised Code. | 37158 |
| Sec. 5111.677. Neither of the following shall affect the | 37159 |
| department of job and family services' determination of whether or | 37160 |
| when a change of operator occurs or the effective date of an | 37161 |
| entering operator's provider agreement under section 5111.671, | 37162 |
| section 5111.672, or, pursuant to section 5111.675, section | 37163 |
| 5111.22 of the Revised Code: | 37164 |
| (A) The department of health's determination that a change of | 37165 |
| operator has or has not occurred for purposes of licensure under | 37166 |
| Chapter 3721. of the Revised Code; | 37167 |
| (B) The department of mental retardation and developmental | 37168 |
| disabilities' determination that a change of operator has or has | 37169 |
| not occurred for purposes of licensure under section 5123.19 of | 37170 |
| the Revised Code. | 37171 |
| Sec. 5111.68. (A) On receipt of a written notice under | 37172 |
| section 5111.66 of the Revised Code of a facility closure, | 37173 |
| voluntary termination, or voluntary withdrawal of participation or | 37174 |
| a written notice under section 5111.67 of the Revised Code of a | 37175 |
| change of operator, the department of job and family services | 37176 |
| shall determine the amount of any overpayments made under the | 37177 |
| medicaid program to the exiting operator, including overpayments | 37178 |
| the exiting operator disputes, and other actual and potential | 37179 |
| debts the exiting operator owes or may owe to the department and | 37180 |
| United States centers for medicare and medicaid services under the | 37181 |
| medicaid program. In determining the exiting operator's other | 37182 |
| actual and potential debts to the department under the medicaid | 37183 |
| program, the department shall include all of the following that | 37184 |
| the department determines is applicable: | 37185 |
| (1) Refunds due the department under section 5111.27 of the | 37186 |
| Revised Code; | 37187 |
| (2) Interest owed to the department and United States centers | 37188 |
| for medicare and medicaid services; | 37189 |
| (3) Final civil monetary and other penalties for which all | 37190 |
| right of appeal has been exhausted; | 37191 |
| (4) Third-party liabilities; | 37192 |
| (5) Money owed the department and United States centers for | 37193 |
| medicare and medicaid services from any outstanding final fiscal | 37194 |
| audit, including a final fiscal audit for the last fiscal year or | 37195 |
| portion thereof in which the exiting operator participated in the | 37196 |
| medicaid program. | 37197 |
| (B) If the department is unable to determine the amount of | 37198 |
| the overpayments and other debts for any period before the | 37199 |
| effective date of the entering operator's provider agreement or | 37200 |
| the effective date of the facility closure, voluntary termination, | 37201 |
| or voluntary withdrawal of participation, the department shall | 37202 |
| make a reasonable estimate of the overpayments and other debts for | 37203 |
| the period. The department shall make the estimate using | 37204 |
| information available to the department, including prior | 37205 |
| determinations of overpayments and other debts. | 37206 |
| Sec. 5111.681. (A) Except as provided in division (B) of this | 37207 |
| section, the department of job and family services shall withhold | 37208 |
| the greater of the following from payment due an exiting operator | 37209 |
| under the medicaid program: | 37210 |
| (1) The total amount of any overpayments made under the | 37211 |
| medicaid program to the exiting operator, including overpayments | 37212 |
| the exiting operator disputes, and other actual and potential | 37213 |
| debts, including any unpaid penalties, the exiting operator owes | 37214 |
| or may owe to the department and United States centers for | 37215 |
| medicare and medicaid services under the medicaid program; | 37216 |
| (2) An amount equal to the average amount of monthly payments | 37217 |
| to the exiting operator under the medicaid program for the | 37218 |
| twelve-month period immediately preceding the month that includes | 37219 |
| the last day the exiting operator's provider agreement is in | 37220 |
| effect or, in the case of a voluntary withdrawal of participation, | 37221 |
| the effective date of the voluntary withdrawal of participation. | 37222 |
| (B) The department may choose not to make the withholding | 37223 |
| under division (A) of this section if an entering operator does | 37224 |
| both of the following: | 37225 |
| (1) Enters into a nontransferable, unconditional, written | 37226 |
| agreement with the department to pay the department any debt the | 37227 |
| exiting operator owes the department under the medicaid program; | 37228 |
| (2) Provides the department a list of the entering operator's | 37229 |
| assets and liabilities that assists the department in determining | 37230 |
| whether to make the withholding under division (A) of this | 37231 |
| section. | 37232 |
| Sec. 5111.682. (A) Except as provided in division (B) of this | 37233 |
| section, an exiting operator shall file with the department of job | 37234 |
| and family services a cost report not later than ninety days after | 37235 |
| the last day the exiting operator's provider agreement is in | 37236 |
| effect or, in the case of a voluntary withdrawal of participation, | 37237 |
| the effective date of the voluntary withdrawal of participation. | 37238 |
| The cost report shall cover the period that begins with the day | 37239 |
| after the last day covered by the operator's most recent previous | 37240 |
| cost report required by section 5111.23 of the Revised Code and | 37241 |
| ends on the last day the exiting operator's provider agreement is | 37242 |
| in effect or, in the case of a voluntary withdrawal of | 37243 |
| participation, the effective date of the voluntary withdrawal of | 37244 |
| participation. The cost report shall include, as applicable, all | 37245 |
| of the following: | 37246 |
| (1) The sale price of the nursing facility or intermediate | 37247 |
| care facility for the mentally retarded; | 37248 |
| (2) A final depreciation schedule that shows which assets are | 37249 |
| transferred to the buyer and which assets are not transferred to | 37250 |
| the buyer; | 37251 |
| (3) Any other information the department requires. | 37252 |
| (B) The department, at its sole discretion, may waive the | 37253 |
| requirement that an exiting operator file a cost report in | 37254 |
| accordance with division (A) of this section. | 37255 |
| Sec. 5111.683. If an exiting operator required by section | 37256 |
| 5111.682 of the Revised Code to file a cost report with the | 37257 |
| department of job and family services fails to file the cost | 37258 |
| report in accordance with that section, all payments under the | 37259 |
| medicaid program for the period the cost report is required to | 37260 |
| cover are deemed overpayments until the date the department | 37261 |
| receives the properly completed cost report. The department may | 37262 |
| impose on the exiting operator a penalty of one hundred dollars | 37263 |
| for each calendar day the properly completed cost report is late. | 37264 |
| Sec. 5111.684. The department of job and family services may | 37265 |
| not provide an exiting operator final payment under the medicaid | 37266 |
| program until the department receives all properly completed cost | 37267 |
| reports the exiting operator is required to file under sections | 37268 |
| 5111.23 and 5111.682 of the Revised Code. | 37269 |
| Sec. 5111.685. The department of job and family services | 37270 |
| shall determine the actual amount of debt an exiting operator owes | 37271 |
| the department under the medicaid program by completing all final | 37272 |
| fiscal audits not already completed and performing all other | 37273 |
| appropriate actions the department determines to be necessary. The | 37274 |
| department shall issue a report on this matter not later than one | 37275 |
| hundred eighty days after the date the exiting operator files the | 37276 |
| properly completed cost report required by section 5111.682 of the | 37277 |
| Revised Code with the department or, if the department waives the | 37278 |
| cost report requirement for the exiting operator, one hundred | 37279 |
| eighty days after the date the department waives the cost report | 37280 |
| requirement. The report shall include the department's findings | 37281 |
| and the amount of debt the department determines the exiting | 37282 |
| operator owes the department and United States centers for | 37283 |
| medicare and medicaid services under the medicaid program. Only | 37284 |
| the parts of the report that are subject to an adjudication as | 37285 |
| specified in section 5111.30 of the Revised Code are subject to an | 37286 |
| adjudication conducted in accordance with Chapter 119. of the | 37287 |
| Revised Code. | 37288 |
| Sec. 5111.686. The department of job and family services | 37289 |
| shall release the actual amount withheld under division (A) of | 37290 |
| section 5111.681 of the Revised Code, less any amount the exiting | 37291 |
| operator owes the department and United States centers for | 37292 |
| medicare and medicaid services under the medicaid program, as | 37293 |
| follows: | 37294 |
| (A) One hundred eighty-one days after the date the exiting | 37295 |
| operator files a properly completed cost report required by | 37296 |
| section 5111.682 of the Revised Code unless the department issues | 37297 |
| the report required by section 5111.685 of the Revised Code not | 37298 |
| later than one hundred eighty days after the date the exiting | 37299 |
| operator files the properly completed cost report; | 37300 |
| (B) Not later than sixty days after the exiting operator | 37301 |
| agrees to a final fiscal audit resulting from the report required | 37302 |
| by section 5111.685 of the Revised Code if the department issues | 37303 |
| the report not later than one hundred eighty days after the date | 37304 |
| the exiting operator files a properly completed cost report | 37305 |
| required by section 5111.682 of the Revised Code; | 37306 |
| (C) One hundred eighty-one days after the date the department | 37307 |
| waives the cost report requirement of section 5111.682 of the | 37308 |
| Revised Code unless the department issues the report required by | 37309 |
| section 5111.685 of the Revised Code not later than one hundred | 37310 |
| eighty days after the date the department waives the cost report | 37311 |
| requirement; | 37312 |
| (D) Not later than sixty days after the exiting operator | 37313 |
| agrees to a final fiscal audit resulting from the report required | 37314 |
| by section 5111.685 of the Revised Code if the department issues | 37315 |
| the report not later than one hundred eighty days after the date | 37316 |
| the department waives the cost report requirement of section | 37317 |
| 5111.682 of the Revised Code. | 37318 |
| Sec. 5111.687. The department of job and family services, at | 37319 |
| its sole discretion, may release the amount withheld under | 37320 |
| division (A) of section 5111.681 of the Revised Code if the | 37321 |
| exiting operator submits to the department written notice of a | 37322 |
| postponement of a change of operator, facility closure, voluntary | 37323 |
| termination, or voluntary withdrawal of participation and the | 37324 |
| transactions leading to the change of operator, facility closure, | 37325 |
| voluntary termination, or voluntary withdrawal of participation | 37326 |
| are postponed for at least thirty days but less than ninety days | 37327 |
| after the date originally proposed for the change of operator, | 37328 |
| facility closure, voluntary termination, or voluntary withdrawal | 37329 |
| of participation as reported in the written notice required by | 37330 |
| section 5111.66 or 5111.67 of the Revised Code. The department | 37331 |
| shall release the amount withheld if the exiting operator submits | 37332 |
| to the department written notice of a cancellation or postponement | 37333 |
| of a change of operator, facility closure, voluntary termination, | 37334 |
| or voluntary withdrawal of participation and the transactions | 37335 |
| leading to the change of operator, facility closure, voluntary | 37336 |
| termination, or voluntary withdrawal of participation are canceled | 37337 |
| or postponed for more than ninety days after the date originally | 37338 |
| proposed for the change of operator, facility closure, voluntary | 37339 |
| termination, or voluntary withdrawal of participation as reported | 37340 |
| in the written notice required by section 5111.66 or 5111.67 of | 37341 |
| the Revised Code. | 37342 |
| After the department receives a written notice regarding a | 37343 |
| cancellation or postponement of a facility closure, voluntary | 37344 |
| termination, or voluntary withdrawal of participation, the exiting | 37345 |
| operator or owner shall provide new written notice to the | 37346 |
| department under section 5111.66 of the Revised Code regarding any | 37347 |
| transactions leading to a facility closure, voluntary termination, | 37348 |
| or voluntary withdrawal of participation at a future time. After | 37349 |
| the department receives a written notice regarding a cancellation | 37350 |
| or postponement of a change of operator, the exiting operator or | 37351 |
| owner and entering operator shall provide new written notice to | 37352 |
| the department under section 5111.67 of the Revised Code regarding | 37353 |
| any transactions leading to a change of operator at a future time. | 37354 |
| Sec. 5111.688. The director of job and family services may | 37355 |
| adopt rules under section 5111.02 of the Revised Code to implement | 37356 |
| sections 5111.65 to 5111.688 of the Revised Code, including rules | 37357 |
| applicable to an exiting operator that provides written | 37358 |
| notification under section 5111.66 of the Revised Code of a | 37359 |
| voluntary withdrawal of participation. Rules adopted under this | 37360 |
| section shall comply with section 1919(c)(2)(F) of the "Social | 37361 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F), | 37362 |
| regarding restrictions on transfers or discharges of nursing | 37363 |
| facility residents in the case of a voluntary withdrawal of | 37364 |
| participation. The rules may prescribe a medicaid reimbursement | 37365 |
| methodology and other procedures that are applicable after the | 37366 |
| effective date of a voluntary withdrawal of participation that | 37367 |
| differ from the reimbursement methodology and other procedures | 37368 |
| that would otherwise apply. | 37369 |
| Sec. 5111.85. (A) As used in this section, "medicaid waiver | 37370 |
| component" means a component of the medicaid program authorized by | 37371 |
| a waiver granted by the United States department of health and | 37372 |
| human services under section 1115 or 1915 of the "Social Security | 37373 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid | 37374 |
| waiver component" does not include a care management system | 37375 |
| established under section 5111.16 of the Revised Code. | 37376 |
| (B) The director of job and family services may adopt rules | 37377 |
| under Chapter 119. of the Revised Code governing medicaid waiver | 37378 |
| components that establish all of the following: | 37379 |
| (1) Eligibility requirements for the medicaid waiver | 37380 |
| components; | 37381 |
| (2) The type, amount, duration, and scope of services the | 37382 |
| medicaid waiver components provide; | 37383 |
| (3) The conditions under which the medicaid waiver components | 37384 |
| cover services; | 37385 |
| (4) The amount the medicaid waiver components pay for | 37386 |
| services or the method by which the amount is determined; | 37387 |
| (5) The manner in which the medicaid waiver components pay | 37388 |
| for services; | 37389 |
| (6) Safeguards for the health and welfare of medicaid | 37390 |
| recipients receiving services under a medicaid waiver component; | 37391 |
| (7) Procedures for enforcing the rules, including | 37392 |
| establishing corrective action plans for, and imposing financial | 37393 |
| and administrative sanctions on, persons and government entities | 37394 |
| that violate the rules. Sanctions shall include terminating | 37395 |
| medicaid provider agreements. The procedures shall include due | 37396 |
| process protections. | 37397 |
| (8) Other policies necessary for the efficient administration | 37398 |
| of the medicaid waiver components. | 37399 |
| (C) The director of job and family services may adopt | 37400 |
| different rules for the different medicaid waiver components. The | 37401 |
| rules shall be consistent with the terms of the waiver authorizing | 37402 |
| the medicaid waiver component. | 37403 |
| | 37404 |
| 37405 | |
| 37406 | |
| 37407 | |
| 37408 | |
| 37409 | |
| 37410 | |
| 37411 | |
| 37412 | |
| 37413 | |
| 37414 |
| Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 | 37415 |
| of the Revised Code: | 37416 |
| "Administrative agency" means, with respect to a home and | 37417 |
| community-based services medicaid waiver component, the department | 37418 |
| of job and family services or, if a state agency or political | 37419 |
| subdivision contracts with the department under section 5111.91 of | 37420 |
| the Revised Code to administer the component, that state agency or | 37421 |
| political subdivision. | 37422 |
| "Home and community-based services medicaid waiver component" | 37423 |
| means a medicaid waiver component as defined in section 5111.85 of | 37424 |
| the Revised Code under which home and community-based services are | 37425 |
| provided as an alternative to hospital, nursing facility, or | 37426 |
| intermediate care facility for the mentally retarded services. | 37427 |
| "Hospital" has the same meaning as in section 3727.01 of the | 37428 |
| Revised Code. | 37429 |
| "Intermediate care facility for the mentally retarded" has | 37430 |
| the same meaning as in section 5111.20 of the Revised Code. | 37431 |
| "Level of care determination" means a determination of | 37432 |
| whether an individual needs the level of care provided by a | 37433 |
| hospital, nursing facility, or intermediate care facility for the | 37434 |
| mentally retarded and whether the individual, if determined to | 37435 |
| need that level of care, would receive hospital, nursing facility, | 37436 |
| or intermediate care facility for the mentally retarded services | 37437 |
| if not for a home and community-based services medicaid waiver | 37438 |
| component. | 37439 |
| "Nursing facility" has the same meaning as in section 5111.20 | 37440 |
| of the Revised Code. | 37441 |
| "Skilled nursing facility" means a facility certified as a | 37442 |
| skilled nursing facility under Title XVIII of the "Social Security | 37443 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 37444 |
| (B) The following requirements apply to each home and | 37445 |
| community-based services medicaid waiver component: | 37446 |
| (1) Only an individual who qualifies for a component shall | 37447 |
| receive that component's services. | 37448 |
| (2) A level of care determination shall be made as part of | 37449 |
| the process of determining whether an individual qualifies for a | 37450 |
| component and shall be made each year after the initial | 37451 |
| determination if, during such a subsequent year, the | 37452 |
| administrative agency determines there is a reasonable indication | 37453 |
| that the individual's needs have changed. | 37454 |
| (3) A written plan of care or individual service plan based | 37455 |
| on an individual assessment of the services that an individual | 37456 |
| needs to avoid needing hospital, nursing facility, or intermediate | 37457 |
| care facility for the mentally retarded services shall be created | 37458 |
| for each individual determined eligible for a component. | 37459 |
| (4) Each individual determined eligible for a component shall | 37460 |
| receive that component's services in accordance with the | 37461 |
| individual's level of care determination and written plan of care | 37462 |
| or individual service plan. | 37463 |
| (5) No individual may receive services under a component | 37464 |
| while the individual is a hospital inpatient or resident of a | 37465 |
| skilled nursing facility, nursing facility, or intermediate care | 37466 |
| facility for the mentally retarded. | 37467 |
| (6) No individual may receive prevocational, educational, or | 37468 |
| supported employment services under a component if the individual | 37469 |
| is eligible for such services that are funded with federal funds | 37470 |
| provided under 29 U.S.C. 730 or the "Individuals with Disabilities | 37471 |
| Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended. | 37472 |
| (7) Safeguards shall be taken to protect the health and | 37473 |
| welfare of individuals receiving services under a component, | 37474 |
| including safeguards established in rules adopted under section | 37475 |
| 5111.85 of the Revised Code and safeguards established by | 37476 |
| licensing and certification requirements that are applicable to | 37477 |
| the providers of that component's services. | 37478 |
| (8) No services may be provided under a component by a | 37479 |
| provider that is subject to standards that 42 U.S.C. 1382e(e)(1) | 37480 |
| requires be established if the provider fails to comply with the | 37481 |
| standards applicable to the provider. | 37482 |
| (9) Individuals determined to be eligible for a component, or | 37483 |
| such individuals' representatives, shall be informed of that | 37484 |
| component's services, including any choices that the individual or | 37485 |
| representative may make regarding the component's services, and | 37486 |
| given the choice of either receiving services under that component | 37487 |
| or, as appropriate, hospital, nursing facility, or intermediate | 37488 |
| care facility for the mentally retarded services if such services | 37489 |
| are available. | 37490 |
| Sec. 5111.852. The department of job and family services may | 37491 |
| review and approve, modify, or deny written plans of care and | 37492 |
| individual service plans that section 5111.851 of the Revised Code | 37493 |
| requires be created for individuals determined eligible for a home | 37494 |
| and community-based services medicaid waiver component. If a state | 37495 |
| agency or political subdivision contracts with the department | 37496 |
| under section 5111.91 of the Revised Code to administer a home and | 37497 |
| community-based services medicaid waiver component and approves, | 37498 |
| modifies, or denies a written plan of care or individual service | 37499 |
| plan pursuant to the agency's or subdivision's administration of | 37500 |
| the component, the department may review the agency's or | 37501 |
| subdivision's approval, modification, or denial and order the | 37502 |
| agency or subdivision to reverse or modify the approval, | 37503 |
| modification, or denial. The state agency or political subdivision | 37504 |
| shall comply with the department's order. | 37505 |
| The department of job and family services shall be granted | 37506 |
| full and immediate access to any records the department needs to | 37507 |
| implement its duties under this section. | 37508 |
| Sec. 5111.853. Each administrative agency shall maintain, | 37509 |
| for a period of time the department of job and family services | 37510 |
| shall specify, financial records documenting the costs of services | 37511 |
| provided under the home and community-based services medicaid | 37512 |
| waiver components that the agency administers, including records | 37513 |
| of independent audits. The administrative agency shall make the | 37514 |
| financial records available on request to the United States | 37515 |
| secretary of health and human services, United States comptroller | 37516 |
| general, and their designees. | 37517 |
| Sec. 5111.854. Each administrative agency is financially | 37518 |
| accountable for funds expended for services provided under the | 37519 |
| home and community-based services medicaid waiver components that | 37520 |
| the agency administers. | 37521 |
| Sec. 5111.855. Each state agency and political subdivision | 37522 |
| that enters into a contract with the department of job and family | 37523 |
| services under section 5111.91 of the Revised Code to administer a | 37524 |
| home and community-based services medicaid waiver component, or | 37525 |
| one or more aspects of such a component, shall provide the | 37526 |
| department a written assurance that the agency or subdivision will | 37527 |
| not violate any of the requirements of sections 5111.85 to | 37528 |
| 5111.854 of the Revised Code. | 37529 |
| | 37530 |
| (1) "Hospital" has the same meaning as in section 3727.01 of | 37531 |
| the Revised Code. | 37532 |
| (2) "Medicaid waiver component" has the same meaning as in | 37533 |
| section 5111.85 of the Revised Code. | 37534 |
| (3) "Nursing facility" has the same meaning as in section | 37535 |
| 5111.20 of the Revised Code. | 37536 |
| (B) The director of job and family services may submit | 37537 |
| 37538 | |
| human services pursuant to section 1915 of the "Social Security | 37539 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain | 37540 |
| waivers of federal medicaid requirements that would otherwise be | 37541 |
| violated in the creation and implementation of two or more | 37542 |
| medicaid waiver components under which home and community-based | 37543 |
| services | 37544 |
| 37545 | |
| 37546 | |
| 37547 | |
| individuals who need the level of care provided by a nursing | 37548 |
| facility or hospital. In the | 37549 |
| specify the following: | 37550 |
|
(1) | 37551 |
| 37552 | |
| 37553 | |
| 37554 |
| | 37555 |
| 37556 | |
| 37557 |
| | 37558 |
| who may be enrolled in | 37559 |
| 37560 | |
| 37561 | |
| requests; | 37562 |
| | 37563 |
| 37564 | |
| individual enrolled in the | 37565 |
| components; | 37566 |
|
( | 37567 |
| 37568 | |
| individuals enrolled in the | 37569 |
| components; | 37570 |
| | 37571 |
| selects for the | 37572 |
| | 37573 |
| requested under this section, the director may create and | 37574 |
| implement the | 37575 |
| accordance with the provisions of the approved waivers | 37576 |
| The department of job and family services shall administer the | 37577 |
| 37578 |
| | 37579 |
| 37580 | |
| 37581 | |
| 37582 | |
| 37583 | |
| 37584 | |
| 37585 | |
| 37586 |
| To the extent necessary for the efficient and economical | 37587 |
| administration of medicaid waiver components, the director may | 37588 |
| transfer an individual enrolled in a medicaid waiver component | 37589 |
| that the United States secretary of health and human services | 37590 |
| approved before the effective date of this amendment and is | 37591 |
| administered by the department to a medicaid waiver component | 37592 |
| created under this section if the individual is eligible for the | 37593 |
| medicaid waiver component created under this section and the | 37594 |
| transfer does not jeopardize the individual's health or safety. | 37595 |
| After the first of any medicaid waiver components created | 37596 |
| under this section begins to enroll eligible individuals, the | 37597 |
| director may submit to the United States secretary of health and | 37598 |
| human services an amendment to the medicaid waiver authorizing the | 37599 |
| Ohio home care program that provides for the department to cease | 37600 |
| enrolling additional individuals in the Ohio home care program. If | 37601 |
| the secretary approves the amendment, the director may cease to | 37602 |
| enroll additional individuals in the Ohio home care program. | 37603 |
| Sec. 5111.88. (A) As used in sections 5111.88 to 5111.884 of | 37604 |
| the Revised Code: | 37605 |
| (1) "Administrative agency" means the department of job and | 37606 |
| family services or, if the department assigns the day-to-day | 37607 |
| administration of the medicaid waiver component authorized by the | 37608 |
| waiver requested under division (B)(1) of this section to the | 37609 |
| department of mental retardation and developmental disabilities | 37610 |
| pursuant to section 5111.883 of the Revised Code, the department | 37611 |
| of mental retardation and developmental disabilities. | 37612 |
| (2) "Intermediate care facility for the mentally retarded" | 37613 |
| has the same meaning as in section 5111.20 of the Revised Code. | 37614 |
| (3) "Medicaid waiver component" has the same meaning as in | 37615 |
| section 5111.85 of the Revised Code. | 37616 |
| (B) Not later than January 1, 2007, the director of job and | 37617 |
| family services shall submit both of the following to the United | 37618 |
| States secretary of health and human services: | 37619 |
| (1) An application for a waiver authorizing a medicaid waiver | 37620 |
| component under which individuals with mental retardation or a | 37621 |
| developmental disability who would receive the intermediate care | 37622 |
| facility for the mentally retarded service if that service were | 37623 |
| available to the individuals receive instead home and | 37624 |
| community-based services; | 37625 |
| (2) An amendment to the state medicaid plan to terminate the | 37626 |
| intermediate care facility for the mentally retarded service under | 37627 |
| the medicaid program on the date that section 5111.883 of the | 37628 |
| Revised Code provides for the service to cease to be a state | 37629 |
| medicaid plan service. | 37630 |
| Sec. 5111.881. If the United States secretary of health and | 37631 |
| human services approves the waiver requested under division (B)(1) | 37632 |
| of section 5111.88 of the Revised Code, the administrative agency | 37633 |
| shall phase in the implementation of the medicaid waiver component | 37634 |
| that the waiver authorizes. As part of the phase-in process, the | 37635 |
| administrative agency shall do all of the following: | 37636 |
| (A) Select one or more providers to provide home and | 37637 |
| community-based services under the medicaid waiver component | 37638 |
| during an initial testing phase; | 37639 |
| (B) During the testing of the component's implementation | 37640 |
| under division (A) of this section, make adjustments to the | 37641 |
| component's implementation that the administrative agency and, if | 37642 |
| the administrative agency is not the department of job and family | 37643 |
| services, the department agree are necessary for the component to | 37644 |
| be implemented effectively statewide; | 37645 |
| (C) After the administrative agency and, if the | 37646 |
| administrative agency is not the department of job and family | 37647 |
| services, the department agree that the component can be | 37648 |
| implemented statewide effectively, provide for the component to be | 37649 |
| implemented statewide; | 37650 |
| (D) Ensure that the phase-in process does not cause any | 37651 |
| individual receiving the intermediate care facility for the | 37652 |
| mentally retarded service under the medicaid program on the | 37653 |
| effective date of this section to suffer an interruption in | 37654 |
| medicaid-covered services that the individual is eligible to | 37655 |
| receive. | 37656 |
| Sec. 5111.882. An individual enrolled in the medicaid waiver | 37657 |
| component authorized by the waiver requested under division (B)(1) | 37658 |
| of section 5111.88 of the Revised Code has the right to choose the | 37659 |
| provider from which the individual will receive home and | 37660 |
| community-based services under the component. | 37661 |
| Sec. 5111.883. If the United States secretary of health and | 37662 |
| human services approves both the waiver requested under division | 37663 |
| (B)(1) of section 5111.88 of the Revised Code and the amendment to | 37664 |
| the state medicaid plan submitted under division (B)(2) of that | 37665 |
| section, the intermediate care facility for the mentally retarded | 37666 |
| service shall cease to be a covered service under the medicaid | 37667 |
| program on the date the medicaid waiver component authorized by | 37668 |
| the waiver begins to be implemented statewide pursuant to section | 37669 |
| 5111.881 of the Revised Code. | 37670 |
| Sec. 5111.884. If the United States secretary of health and | 37671 |
| human services approves the waiver requested under division (B)(1) | 37672 |
| of section 5111.88 of the Revised Code, the department of job and | 37673 |
| family services may contract with the department of mental | 37674 |
| retardation and developmental disabilities under section 5111.91 | 37675 |
| of the Revised Code to assign the day-to-day administration of the | 37676 |
| medicaid waiver component authorized by the waiver to the | 37677 |
| department of mental retardation and developmental disabilities. | 37678 |
| Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of | 37679 |
| the Revised Code: | 37680 |
| "Assisted living program" means the medicaid waiver component | 37681 |
| for which the director of job and family services is authorized by | 37682 |
| this section to request a medicaid waiver. | 37683 |
| "Assisted living services" means the following home and | 37684 |
| community-based services: personal care, homemaker, chore, | 37685 |
| attendant care, companion, medication oversight, and therapeutic | 37686 |
| social and recreational programming. | 37687 |
| "Medicaid waiver component" has the same meaning as in | 37688 |
| section 5111.85 of the Revised Code. | 37689 |
| "Nursing facility" has the same meaning as in section 5111.20 | 37690 |
| of the Revised Code. | 37691 |
| "Residential care facility" has the same meaning as in | 37692 |
| section 3721.01 of the Revised Code. | 37693 |
| (B) The director of job and family services may submit a | 37694 |
| request to the United States secretary of health and human | 37695 |
| services under 42 U.S.C. 1396n to obtain a waiver of federal | 37696 |
| medicaid requirements that would otherwise be violated in the | 37697 |
| creation and implementation of a program under which assisted | 37698 |
| living services are provided to residents of a residential care | 37699 |
| facility who meet the program's eligibility requirements | 37700 |
| established under section 5111.891 of the Revised Code. | 37701 |
| If the secretary approves the medicaid waiver requested under | 37702 |
| this section and the director of budget and management approves | 37703 |
| the contract, the department of job and family services shall | 37704 |
| enter into a contract with the department of aging under section | 37705 |
| 5111.91 of the Revised Code that provides for the department of | 37706 |
| aging to administer the assisted living program. The contract | 37707 |
| shall include an estimate of the program's costs. | 37708 |
| The director of job and family services may adopt rules under | 37709 |
| section 5111.85 of the Revised Code regarding the assisted living | 37710 |
| program. The director of aging may adopt rules under Chapter 119. | 37711 |
| of the Revised Code regarding the program. The rules the director | 37712 |
| of aging adopts shall concern issues not addressed by the rules | 37713 |
| for the program adopted by the director of job and family | 37714 |
| services. | 37715 |
| Sec. 5111.891. To be eligible for the assisted living | 37716 |
| program, an individual must meet all of the following | 37717 |
| requirements: | 37718 |
| (A) Need an intermediate level of care as determined under | 37719 |
| rule 5101:3-3-06 of the Administrative Code; | 37720 |
| (B) At the time the individual applies for the assisted | 37721 |
| living program, be one of the following: | 37722 |
| (1) A nursing facility resident seeking to move to a | 37723 |
| residential care facility; | 37724 |
| (2) A participant of any of the following medicaid waiver | 37725 |
| components who would move to a nursing facility if not for the | 37726 |
| assisted living program: | 37727 |
| (a) The PASSPORT program created under section 173.40 of the | 37728 |
| Revised Code; | 37729 |
| (b) The medicaid waiver component called the choices program | 37730 |
| that the department of aging administers; | 37731 |
| (c) A medicaid waiver component that the department of job | 37732 |
| and family services administers. | 37733 |
| (C) Meet all other eligibility requirements for the assisted | 37734 |
| living program established in rules adopted under section 5111.85 | 37735 |
| of the Revised Code. | 37736 |
| Sec. 5111.892. A residential care facility providing | 37737 |
| services covered by the assisted living program to an individual | 37738 |
| enrolled in the program shall have staff on-site twenty-four hours | 37739 |
| each day who are able to do all of the following: | 37740 |
| (A) Meet the scheduled and unpredicted needs of the | 37741 |
| individuals enrolled in the assisted living program in a manner | 37742 |
| that promotes the individuals' dignity and independence; | 37743 |
| (B) Provide supervision services for those individuals; | 37744 |
| (C) Help keep the individuals safe and secure. | 37745 |
| Sec. 5111.893. If the United States secretary of health and | 37746 |
| human services approves a medicaid waiver authorizing the assisted | 37747 |
| living program, the director of aging shall contract with a person | 37748 |
| or government entity to evaluate the program's cost effectiveness. | 37749 |
| The director shall provide the results of the evaluation to the | 37750 |
| governor, president and minority leader of the senate, and speaker | 37751 |
| and minority leader of the house of representatives not later than | 37752 |
| June 30, 2007. | 37753 |
| Sec. 5111.914. (A) As used in this section, "provider" has | 37754 |
| the same meaning as in section 5111.06 of the Revised Code. | 37755 |
| (B) If a state agency that enters into a contract with the | 37756 |
| department of job and family services under section 5111.91 of the | 37757 |
| Revised Code identifies that a medicaid overpayment has been made | 37758 |
| to a provider, the state agency may commence actions to recover | 37759 |
| the overpayment on behalf of the department. | 37760 |
| (C) In recovering an overpayment pursuant to this section, a | 37761 |
| state agency shall comply with the following procedures: | 37762 |
| (1) The state agency shall attempt to recover the overpayment | 37763 |
| by notifying the provider of the overpayment and requesting | 37764 |
| voluntary repayment. Not later than five business days after | 37765 |
| notifying the provider, the state agency shall notify the | 37766 |
| department in writing of the overpayment. The state agency may | 37767 |
| negotiate a settlement of the overpayment and notify the | 37768 |
| department of the settlement. A settlement negotiated by the state | 37769 |
| agency is not valid and shall not be implemented until the | 37770 |
| department has given its written approval of the settlement. | 37771 |
| (2) If the state agency is unable to obtain voluntary | 37772 |
| repayment of an overpayment, the agency shall give the provider | 37773 |
| notice of an opportunity for a hearing in accordance with Chapter | 37774 |
| 119. of the Revised Code. If the provider timely requests a | 37775 |
| hearing in accordance with section 119.07 of the Revised Code, the | 37776 |
| state agency shall conduct the hearing to determine the legal and | 37777 |
| factual validity of the overpayment. On completion of the hearing, | 37778 |
| the state agency shall submit its hearing officer's report and | 37779 |
| recommendation and the complete record of proceedings, including | 37780 |
| all transcripts, to the director of job and family services for | 37781 |
| final adjudication. The director may issue a final adjudication | 37782 |
| order in accordance with Chapter 119. of the Revised Code. The | 37783 |
| state agency shall pay any attorney's fees imposed under section | 37784 |
| 119.092 of the Revised Code. The department of job and family | 37785 |
| services shall pay any attorney's fees imposed under section | 37786 |
| 2335.39 of the Revised Code. | 37787 |
| (D) In any action taken by a state agency under this section | 37788 |
| that requires the agency to give notice of an opportunity for a | 37789 |
| hearing in accordance with Chapter 119. of the Revised Code, if | 37790 |
| the agency gives notice of the opportunity for a hearing but the | 37791 |
| provider subject to the notice does not request a hearing or | 37792 |
| timely request a hearing in accordance with section 119.07 of the | 37793 |
| Revised Code, the agency is not required to hold a hearing. The | 37794 |
| agency may request that the director of job and family services | 37795 |
| issue a final adjudication order in accordance with Chapter 119. | 37796 |
| of the Revised Code. | 37797 |
| (E) This section does not preclude the department of job and | 37798 |
| family services from adjudicating a final fiscal audit under | 37799 |
| section 5111.06 of the Revised Code, recovering overpayments under | 37800 |
| section 5111.061 of the Revised Code, or making findings or taking | 37801 |
| other actions authorized by this chapter. | 37802 |
| | 37803 |
| facility" has the same meaning as in section 5111.20 of the | 37804 |
| Revised Code. | 37805 |
| (B) To the extent funds are available, the director of job | 37806 |
| and family services may establish the Ohio access success project | 37807 |
| to help medicaid recipients make the transition from residing in a | 37808 |
| nursing facility to residing in a community setting. The program | 37809 |
| may be established as a separate non-medicaid program or | 37810 |
| integrated into a new or existing program of medicaid-funded home | 37811 |
| and community-based services authorized by a waiver approved by | 37812 |
| the United States department of health and human services. The | 37813 |
| department may limit the number of program participants. | 37814 |
| To be eligible for benefits under the project, a medicaid | 37815 |
| recipient must satisfy all of the following requirements: | 37816 |
| (1) Be a recipient of medicaid-funded nursing facility | 37817 |
| services, at the time of applying for the benefits; | 37818 |
| (2) Have resided continuously in a nursing facility for not | 37819 |
| less than | 37820 |
| in the project; | 37821 |
| (3) Need the level of care provided by nursing facilities; | 37822 |
| (4) For participation in a non-medicaid program, receive | 37823 |
| services to remain in the community with a projected cost not | 37824 |
| exceeding eighty per cent of the average monthly medicaid cost of | 37825 |
| a medicaid recipient in a nursing facility; | 37826 |
| (5) For participation in a program established as part of a | 37827 |
| medicaid-funded home and community-based services waiver program, | 37828 |
| meet waiver enrollment criteria. | 37829 |
| (C) If the director establishes the Ohio access success | 37830 |
| project, the benefits provided under the project may include | 37831 |
| payment of all of the following: | 37832 |
| (1) The first month's rent in a community setting; | 37833 |
| (2) Rental deposits; | 37834 |
| (3) Utility deposits; | 37835 |
| (4) Moving expenses; | 37836 |
| (5) Other expenses not covered by the medicaid program that | 37837 |
| facilitate a medicaid recipient's move from a nursing facility to | 37838 |
| a community setting. | 37839 |
| (D) If the project is established as a non-medicaid program, | 37840 |
| no participant may receive more than two thousand dollars worth of | 37841 |
| benefits under the project. | 37842 |
| (E) The director may submit a request to the United States | 37843 |
| secretary of health and human services pursuant to section 1915 of | 37844 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, | 37845 |
| as amended, to create a medicaid home and community-based services | 37846 |
| waiver program to serve individuals who meet the criteria for | 37847 |
| participation in the Ohio access success project. The director may | 37848 |
| adopt rules under Chapter 119. of the Revised Code for the | 37849 |
| administration and operation of the program. | 37850 |
| Sec. 5111.98. (A) The director of job and family services | 37851 |
| may do all of the following as necessary for the department of job | 37852 |
| and family services to fulfill the duties it has, as the single | 37853 |
| state agency for the medicaid program, under the "Medicare | 37854 |
| Prescription Drug, Improvement, and Modernization Act of 2003" | 37855 |
| Pub. L. No. 108-173, 117 Stat. 2066: | 37856 |
| (1) Adopt rules; | 37857 |
| (2) Assign duties to county departments of job and family | 37858 |
| services; | 37859 |
| (3) Make payments to the United States department of health | 37860 |
| and human services from appropriations made to the department of | 37861 |
| job and family services for this purpose. | 37862 |
| (B) Rules adopted under division (A)(1) of this section shall | 37863 |
| be adopted as follows: | 37864 |
| (1) If the rules concern the department's duties regarding | 37865 |
| service providers, in accordance with Chapter 119. of the Revised | 37866 |
| Code; | 37867 |
| (2) If the rules concern the department's duties concerning | 37868 |
| individuals' eligibility for services, in accordance with section | 37869 |
| 111.15 of the Revised Code; | 37870 |
| (3) If the rules concern the department's duties concerning | 37871 |
| financial and operational matters between the department and | 37872 |
| county departments of job and family services, in accordance with | 37873 |
| section 111.15 of the Revised Code as if the rules were internal | 37874 |
| management rules. | 37875 |
| Sec. 5111.99. (A) Whoever violates division (B) of section | 37876 |
| 37877 | |
| the Revised Code shall be fined not less than five hundred dollars | 37878 |
| nor more than one thousand dollars for the first offense and not | 37879 |
| less than one thousand dollars nor more than five thousand dollars | 37880 |
| for each subsequent offense. Fines paid under this section shall | 37881 |
| be deposited in the state treasury to the credit of the general | 37882 |
| revenue fund. | 37883 |
| (B) Whoever violates division (D) of section 5111.61 of the | 37884 |
| Revised Code is guilty of registering a false complaint, a | 37885 |
| misdemeanor of the first degree. | 37886 |
| Sec. 5112.03. (A) The director of job and family services | 37887 |
| shall adopt, and may amend and rescind, rules in accordance with | 37888 |
| Chapter 119. of the Revised Code for the purpose of administering | 37889 |
| sections 5112.01 to 5112.21 of the Revised Code, including rules | 37890 |
| that do all of the following: | 37891 |
| (1) Define as a "disproportionate share hospital" any | 37892 |
| hospital included under subsection (b) of section 1923 of the | 37893 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 37894 |
| 1396r-4(b), as amended, and any other hospital the director | 37895 |
| determines appropriate; | 37896 |
| (2) Prescribe the form for submission of cost reports under | 37897 |
| section 5112.04 of the Revised Code; | 37898 |
| (3) Establish, in accordance with division (A) of section | 37899 |
| 5112.06 of the Revised Code, the assessment rate or rates to be | 37900 |
| applied to hospitals under that section; | 37901 |
| (4) Establish schedules for hospitals to pay installments on | 37902 |
| their assessments under section 5112.06 of the Revised Code and | 37903 |
| for governmental hospitals to pay installments on their | 37904 |
| intergovernmental transfers under section 5112.07 of the Revised | 37905 |
| Code; | 37906 |
| (5) Establish procedures to notify hospitals of adjustments | 37907 |
| made under division (B)(2)(b) of section 5112.06 of the Revised | 37908 |
| Code in the amount of installments on their assessment; | 37909 |
| (6) Establish procedures to notify hospitals of adjustments | 37910 |
| made under division (D) of section 5112.09 of the Revised Code in | 37911 |
| the total amount of their assessment and to adjust for the | 37912 |
| remainder of the program year the amount of the installments on | 37913 |
| the assessments; | 37914 |
| (7) Establish, in accordance with section 5112.08 of the | 37915 |
| Revised Code, the methodology for paying hospitals under that | 37916 |
| section. | 37917 |
| The director shall consult with hospitals when adopting the | 37918 |
| rules required by divisions (A)(4) and (5) of this section in | 37919 |
| order to minimize hospitals' cash flow difficulties. | 37920 |
| (B) Rules adopted under this section may provide that "total | 37921 |
| facility costs" excludes costs associated with any of the | 37922 |
| following: | 37923 |
| (1) Recipients of the medical assistance program; | 37924 |
| (2) Recipients of financial assistance provided under Chapter | 37925 |
| 5115. of the Revised Code; | 37926 |
| (3) | 37927 |
| 37928 |
| | 37929 |
| children established under section 3701.023 of the Revised Code; | 37930 |
| | 37931 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 37932 |
| U.S.C.A. 301, as amended: | 37933 |
| | 37934 |
| | 37935 |
| director in accordance with Title XIX of the "Social Security Act" | 37936 |
| and the rules adopted under that title. | 37937 |
| Sec. 5112.08. The director of job and family services shall | 37938 |
| adopt rules under section 5112.03 of the Revised Code establishing | 37939 |
| a methodology to pay hospitals that is sufficient to expend all | 37940 |
| money in the indigent care pool. Under the rules: | 37941 |
| (A) The department of job and family services may classify | 37942 |
| similar hospitals into groups and allocate funds for distribution | 37943 |
| within each group. | 37944 |
| (B) The department shall establish a method of allocating | 37945 |
| funds to hospitals, taking into consideration the relative amount | 37946 |
| of indigent care provided by each hospital or group of hospitals. | 37947 |
| The amount to be allocated shall be based on any combination of | 37948 |
| the following indicators of indigent care that the director | 37949 |
| considers appropriate: | 37950 |
| (1) Total costs, volume, or proportion of services to | 37951 |
| recipients of the medical assistance program, including recipients | 37952 |
| enrolled in health insuring corporations; | 37953 |
| (2) Total costs, volume, or proportion of services to | 37954 |
| low-income patients in addition to recipients of the medical | 37955 |
| assistance program, which may include recipients of Title V of the | 37956 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 37957 |
|
amended,
and recipients of financial | 37958 |
| provided under Chapter 5115. of the Revised Code; | 37959 |
| (3) The amount of uncompensated care provided by the hospital | 37960 |
| or group of hospitals; | 37961 |
| (4) Other factors that the director considers to be | 37962 |
| appropriate indicators of indigent care. | 37963 |
| (C) The department shall distribute funds to each hospital or | 37964 |
| group of hospitals in a manner that first may provide for an | 37965 |
| additional distribution to individual hospitals that provide a | 37966 |
| high proportion of indigent care in relation to the total care | 37967 |
| provided by the hospital or in relation to other hospitals. The | 37968 |
| department shall establish a formula to distribute the remainder | 37969 |
| of the funds. The formula shall be consistent with section 1923 of | 37970 |
| the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall | 37971 |
| be based on any combination of the indicators of indigent care | 37972 |
| listed in division (B) of this section that the director considers | 37973 |
| appropriate. | 37974 |
| (D) The department shall distribute funds to each hospital in | 37975 |
| installments not later than ten working days after the deadline | 37976 |
| established in rules for each hospital to pay an installment on | 37977 |
| its assessment under section 5112.06 of the Revised Code. In the | 37978 |
| case of a governmental hospital that makes intergovernmental | 37979 |
| transfers, the department shall pay an installment under this | 37980 |
| section not later than ten working days after the earlier of that | 37981 |
| deadline or the deadline established in rules for the governmental | 37982 |
| hospital to pay an installment on its intergovernmental transfer. | 37983 |
| If the amount in the hospital care assurance program fund and the | 37984 |
| hospital care assurance match fund created under section 5112.18 | 37985 |
| of the Revised Code is insufficient to make the total | 37986 |
| distributions for which hospitals are eligible to receive in any | 37987 |
| period, the department shall reduce the amount of each | 37988 |
| distribution by the percentage by which the amount is | 37989 |
| insufficient. The department shall distribute to hospitals any | 37990 |
| amounts not distributed in the period in which they are due as | 37991 |
| soon as moneys are available in the funds. | 37992 |
| Sec. 5112.17. (A) As used in this section: | 37993 |
| (1) "Federal poverty guideline" means the official poverty | 37994 |
| guideline as revised annually by the United States secretary of | 37995 |
| health and human services in accordance with section 673 of the | 37996 |
| "Community Service Block Grant Act," 95 Stat. 511 (1981), 42 | 37997 |
| U.S.C.A. 9902, as amended, for a family size equal to the size of | 37998 |
| the family of the person whose income is being determined. | 37999 |
| (2) "Third-party payer" means any private or public entity or | 38000 |
| program that may be liable by law or contract to make payment to | 38001 |
| or on behalf of an individual for health care services. | 38002 |
| "Third-party payer" does not include a hospital. | 38003 |
| (B) Each hospital that receives funds distributed under | 38004 |
| sections 5112.01 to 5112.21 of the Revised Code shall provide, | 38005 |
| without charge to the individual, basic, medically necessary | 38006 |
| hospital-level services to individuals who are residents of this | 38007 |
| state, are not recipients of the medical assistance program, and | 38008 |
| whose income is at or below the federal poverty guideline. | 38009 |
|
Recipients of disability financial
assistance | 38010 |
| 38011 | |
| Revised Code qualify for services under this section. The director | 38012 |
| of job and family services shall adopt rules under section 5112.03 | 38013 |
| of the Revised Code specifying the hospital services to be | 38014 |
| provided under this section. | 38015 |
| (C) Nothing in this section shall be construed to prevent a | 38016 |
| hospital from requiring an individual to apply for eligibility | 38017 |
| under the medical assistance program before the hospital processes | 38018 |
| an application under this section. Hospitals may bill any | 38019 |
| third-party payer for services rendered under this section. | 38020 |
| Hospitals may bill the medical assistance program, in accordance | 38021 |
| with Chapter 5111. of the Revised Code and the rules adopted under | 38022 |
| that chapter, for services rendered under this section if the | 38023 |
| individual becomes a recipient of the program. Hospitals may bill | 38024 |
| individuals for services under this section if all of the | 38025 |
| following apply: | 38026 |
| (1) The hospital has an established post-billing procedure | 38027 |
| for determining the individual's income and canceling the charges | 38028 |
| if the individual is found to qualify for services under this | 38029 |
| section. | 38030 |
| (2) The initial bill, and at least the first follow-up bill, | 38031 |
| is accompanied by a written statement that does all of the | 38032 |
| following: | 38033 |
| (a) Explains that individuals with income at or below the | 38034 |
| federal poverty guideline are eligible for services without | 38035 |
| charge; | 38036 |
| (b) Specifies the federal poverty guideline for individuals | 38037 |
| and families of various sizes at the time the bill is sent; | 38038 |
| (c) Describes the procedure required by division (C)(1) of | 38039 |
| this section. | 38040 |
| (3) The hospital complies with any additional rules the | 38041 |
| department adopts under section 5112.03 of the Revised Code. | 38042 |
| Notwithstanding division (B) of this section, a hospital | 38043 |
| providing care to an individual under this section is subrogated | 38044 |
| to the rights of any individual to receive compensation or | 38045 |
| benefits from any person or governmental entity for the hospital | 38046 |
| goods and services rendered. | 38047 |
| (D) Each hospital shall collect and report to the department, | 38048 |
| in the form and manner prescribed by the department, information | 38049 |
| on the number and identity of patients served pursuant to this | 38050 |
| section. | 38051 |
| (E) This section applies beginning May 22, 1992, regardless | 38052 |
| of whether the department has adopted rules specifying the | 38053 |
| services to be provided. Nothing in this section alters the scope | 38054 |
| or limits the obligation of any governmental entity or program, | 38055 |
| including the program awarding reparations to victims of crime | 38056 |
| under sections 2743.51 to 2743.72 of the Revised Code and the | 38057 |
| program for medically handicapped children established under | 38058 |
| section 3701.023 of the Revised Code, to pay for hospital services | 38059 |
| in accordance with state or local law. | 38060 |
| Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the | 38061 |
|
Revised Code | 38062 |
| (A) "Intermediate care facility for the mentally retarded" | 38063 |
| has the same meaning as in section 5111.20 of the Revised Code, | 38064 |
| except that it does not include any such facility operated by the | 38065 |
| department of mental retardation and developmental disabilities. | 38066 |
| (B) "Medicaid" has the same meaning as in section 5111.01 of | 38067 |
| the Revised Code. | 38068 |
| Sec. 5112.31. The department of job and family services | 38069 |
| shall do all of the following: | 38070 |
| (A) For the purpose of providing home and community-based | 38071 |
| services for mentally retarded and developmentally disabled | 38072 |
| persons, annually assess each intermediate care facility for the | 38073 |
| mentally retarded a franchise permit fee equal to nine dollars and | 38074 |
| sixty-three cents multiplied by the product of the following: | 38075 |
| (1) The number of beds certified under Title XIX of the | 38076 |
| "Social Security Act" on the first day of May of the calendar year | 38077 |
| in which the assessment is determined pursuant to division (A) of | 38078 |
| section 5112.33 of the Revised Code; | 38079 |
| (2) The number of days in the fiscal year beginning on the | 38080 |
| first day of July of the same calendar year. | 38081 |
| (B) Beginning July 1, | 38082 |
| July thereafter, adjust fees determined under division (A) of this | 38083 |
| section in accordance with the composite inflation factor | 38084 |
| established in rules adopted under section 5112.39 of the Revised | 38085 |
| Code. | 38086 |
| (C) If the United States secretary of health and human | 38087 |
| services determines that the franchise permit fee established by | 38088 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 38089 |
| impermissible health care-related tax under section 1903(w) of the | 38090 |
| "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, | 38091 |
| 38092 | |
| implementation of those sections in accordance with rules adopted | 38093 |
| under section 5112.39 of the Revised Code. | 38094 |
| Sec. 5112.341. (A) In addition to assessing a penalty | 38095 |
| pursuant to section 5112.34 of the Revised Code, the department of | 38096 |
| job and family services may do either of the following if an | 38097 |
| intermediate care facility for the mentally retarded fails to pay | 38098 |
| the full amount of a franchise permit fee installment when due: | 38099 |
| (1) Withhold an amount equal to the installment and penalty | 38100 |
| assessed under section 5112.34 of the Revised Code from a medicaid | 38101 |
| payment due the facility until the facility pays the installment | 38102 |
| and penalty; | 38103 |
| (2) Terminate the facility's medicaid provider agreement. | 38104 |
| (B) The department may withhold a medicaid payment under | 38105 |
| division (A)(1) of this section without providing notice to the | 38106 |
| intermediate care facility for the mentally retarded and without | 38107 |
| conducting an adjudication under Chapter 119. of the Revised Code. | 38108 |
| Sec. 5115.20. (A) The department of job and family services | 38109 |
| shall establish a disability advocacy program and each county | 38110 |
| department of job and family services shall establish a disability | 38111 |
| advocacy program unit or join with other county departments of job | 38112 |
| and family services to establish a joint county disability | 38113 |
| advocacy program unit. Through the program the department and | 38114 |
| county departments shall cooperate in efforts to assist applicants | 38115 |
| for and recipients of assistance under the disability financial | 38116 |
| assistance program | 38117 |
| who might be eligible for supplemental security income benefits | 38118 |
| under Title XVI of the "Social Security Act," 86 Stat. 1475 | 38119 |
| (1972), 42 U.S.C.A. 1383, as amended, in applying for those | 38120 |
| benefits. | 38121 |
| As part of their disability advocacy programs, the state | 38122 |
| department and county departments may enter into contracts for the | 38123 |
| services of persons and government entities that in the judgment | 38124 |
| of the department or county department have demonstrated expertise | 38125 |
| in representing persons seeking supplemental security income | 38126 |
| benefits. Each contract shall require the person or entity with | 38127 |
| which a department contracts to assess each person referred to it | 38128 |
| by the department to determine whether the person appears to be | 38129 |
| eligible for supplemental security income benefits, and, if the | 38130 |
| person appears to be eligible, assist the person in applying and | 38131 |
| represent the person in any proceeding of the social security | 38132 |
| administration, including any appeal or reconsideration of a | 38133 |
| denial of benefits. The department or county department shall | 38134 |
| provide to the person or entity with which it contracts all | 38135 |
| records in its possession relevant to the application for | 38136 |
| supplemental security income benefits. The department shall | 38137 |
| require a county department with relevant records to submit them | 38138 |
| to the person or entity. | 38139 |
| (B) Each applicant for or recipient of disability financial | 38140 |
| assistance | 38141 |
| of the department or a county department might be eligible for | 38142 |
| supplemental security benefits, shall, as a condition of | 38143 |
| eligibility for assistance, apply for such benefits if directed to | 38144 |
| do so by the department or county department. | 38145 |
| (C) With regard to applicants for and recipients of | 38146 |
| disability financial assistance | 38147 |
| each county department of job and family services shall do all of | 38148 |
| the following: | 38149 |
| (1) Identify applicants and recipients who might be eligible | 38150 |
| for supplemental security income benefits; | 38151 |
| (2) Assist applicants and recipients in securing | 38152 |
| documentation of disabling conditions or refer them for such | 38153 |
| assistance to a person or government entity with which the | 38154 |
| department or county department has contracted under division (A) | 38155 |
| of this section; | 38156 |
| (3) Inform applicants and recipients of available sources of | 38157 |
| representation, which may include a person or government entity | 38158 |
| with which the department or county department has contracted | 38159 |
| under division (A) of this section, and of their right to | 38160 |
| represent themselves in reconsiderations and appeals of social | 38161 |
| security administration decisions that deny them supplemental | 38162 |
| security income benefits. The county department may require the | 38163 |
| applicants and recipients, as a condition of eligibility for | 38164 |
| assistance, to pursue reconsiderations and appeals of social | 38165 |
| security administration decisions that deny them supplemental | 38166 |
| security income benefits, and shall assist applicants and | 38167 |
| recipients as necessary to obtain such benefits or refer them to a | 38168 |
| person or government entity with which the department or county | 38169 |
| department has contracted under division (A) of this section. | 38170 |
| (4) Require applicants and recipients who, in the judgment of | 38171 |
| the county department, are or may be aged, blind, or disabled, to | 38172 |
| apply for medical assistance under Chapter 5111. of the Revised | 38173 |
| Code, make determinations when appropriate as to eligibility for | 38174 |
| medical assistance, and refer their applications when necessary to | 38175 |
| the disability determination unit established in accordance with | 38176 |
| division (F) of this section for expedited review; | 38177 |
| (5) Require each applicant and recipient who in the judgment | 38178 |
| of the department or the county department might be eligible for | 38179 |
| supplemental security income benefits, as a condition of | 38180 |
| eligibility for disability financial assistance | 38181 |
| 38182 | |
| secretary of health and human services to withhold benefits due | 38183 |
| that individual and pay to the director of job and family services | 38184 |
| or the director's designee an amount sufficient to reimburse the | 38185 |
| state and county shares of interim assistance furnished to the | 38186 |
| individual. For the purposes of division (C)(5) of this section, | 38187 |
| "benefits" and "interim assistance" have the meanings given in | 38188 |
| Title XVI of the "Social Security Act." | 38189 |
| (D) The director of job and family services shall adopt rules | 38190 |
| in accordance with section 111.15 of the Revised Code for the | 38191 |
| effective administration of the disability advocacy program. The | 38192 |
| rules shall include all of the following: | 38193 |
| (1) Methods to be used in collecting information from and | 38194 |
| disseminating it to county departments, including the following: | 38195 |
| (a) The number of individuals in the county who are disabled | 38196 |
| recipients of disability financial assistance | 38197 |
| 38198 |
| (b) The final decision made either by the social security | 38199 |
| administration or by a court for each application or | 38200 |
| reconsideration in which an individual was assisted pursuant to | 38201 |
| this section. | 38202 |
| (2) The type and process of training to be provided by the | 38203 |
| department of job and family services to the employees of the | 38204 |
| county department of job and family services who perform duties | 38205 |
| under this section; | 38206 |
| (3) Requirements for the written authorization required by | 38207 |
| division (C)(5) of this section. | 38208 |
| (E) The department shall provide basic and continuing | 38209 |
| training to employees of the county department of job and family | 38210 |
| services who perform duties under this section. Training shall | 38211 |
| include but not be limited to all processes necessary to obtain | 38212 |
| federal disability benefits, and methods of advocacy. | 38213 |
| (F) The department shall establish a disability determination | 38214 |
| unit and develop guidelines for expediting reviews of applications | 38215 |
| for medical assistance under Chapter 5111. of the Revised Code for | 38216 |
| persons who have been referred to the unit under division (C)(4) | 38217 |
| of this section. The department shall make determinations of | 38218 |
| eligibility for medical assistance for any such person within the | 38219 |
| time prescribed by federal regulations. | 38220 |
| (G) The department may, under rules the director of job and | 38221 |
| family services adopts in accordance with section 111.15 of the | 38222 |
| Revised Code, pay a portion of the federal reimbursement described | 38223 |
| in division (C)(5) of this section to persons or government | 38224 |
| entities that assist or represent assistance recipients in | 38225 |
| reconsiderations and appeals of social security administration | 38226 |
| decisions denying them supplemental security income benefits. | 38227 |
| (H) The director shall conduct investigations to determine | 38228 |
| whether disability advocacy programs are being administered in | 38229 |
| compliance with the Revised Code and the rules adopted by the | 38230 |
| director pursuant to this section. | 38231 |
| Sec. 5115.22. (A) If a recipient of disability financial | 38232 |
| assistance | 38233 |
| whose income and resources are included in determining the | 38234 |
| recipient's eligibility for the assistance, becomes possessed of | 38235 |
| resources or income in excess of the amount allowed to retain | 38236 |
| eligibility, or if other changes occur that affect the recipient's | 38237 |
| eligibility or need for assistance, the recipient shall notify the | 38238 |
| state or county department of job and family services within the | 38239 |
| time limits specified in rules adopted by the director of job and | 38240 |
| family services in accordance with section 111.15 of the Revised | 38241 |
| Code. Failure of a recipient to report possession of excess | 38242 |
| resources or income or a change affecting eligibility or need | 38243 |
| within those time limits shall be considered prima-facie evidence | 38244 |
| of intent to defraud under section 5115.23 of the Revised Code. | 38245 |
| (B) As a condition of eligibility for disability financial | 38246 |
| assistance | 38247 |
| preventing or reducing the provision of assistance at public | 38248 |
| expense, each applicant for or recipient of the assistance shall | 38249 |
| make reasonable efforts to secure support from persons responsible | 38250 |
| for the applicant's or recipient's support, and from other | 38251 |
| sources, including any federal program designed to provide | 38252 |
| assistance to individuals with disabilities. The state or county | 38253 |
| department of job and family services may provide assistance to | 38254 |
| the applicant or recipient in securing other forms of financial | 38255 |
| assistance. | 38256 |
| Sec. 5115.23. As used in this section, "erroneous payments" | 38257 |
| means disability financial assistance payments | 38258 |
| 38259 | |
| to receive them, including payments made as a result of | 38260 |
| misrepresentation or fraud, and payments made due to an error by | 38261 |
| the recipient or by the county department of job and family | 38262 |
| services that made the payment. | 38263 |
| The department of job and family services shall adopt rules | 38264 |
| in accordance with section 111.15 of the Revised Code specifying | 38265 |
| the circumstances under which action is to be taken under this | 38266 |
| section to recover erroneous payments. The department, or a county | 38267 |
| department of job and family services at the request of the | 38268 |
| department, shall take action to recover erroneous payments in the | 38269 |
| circumstances specified in the rules. The department or county | 38270 |
| department may institute a civil action to recover erroneous | 38271 |
| payments. | 38272 |
| Whenever disability financial assistance | 38273 |
| 38274 | |
| support another person is responsible, the other person shall, in | 38275 |
| addition to the liability otherwise imposed, as a consequence of | 38276 |
| failure to support the recipient, be liable for all assistance | 38277 |
| furnished the recipient. The value of the assistance so furnished | 38278 |
| may be recovered in a civil action brought by the county | 38279 |
| department of job and family services. | 38280 |
| Each county department of job and family services shall | 38281 |
| retain fifty per cent of the erroneous payments it recovers under | 38282 |
| this section. The department of job and family services shall | 38283 |
| receive the remaining fifty per cent. | 38284 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 38285 |
| board of alcohol, drug addiction, and mental health services also | 38286 |
| refers to the community mental health board in an alcohol, drug | 38287 |
| addiction, and mental health service district that has a community | 38288 |
| mental health board. | 38289 |
| The director of mental health with respect to all facilities | 38290 |
| and programs established and operated under Chapter 340. of the | 38291 |
| Revised Code for mentally ill and emotionally disturbed persons, | 38292 |
| shall do all of the following: | 38293 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 38294 |
| that may be necessary to carry out the purposes of Chapter 340. | 38295 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 38296 |
| (1) The rules shall include all of the following: | 38297 |
| (a) Rules governing a community mental health agency's | 38298 |
| services under section 340.091 of the Revised Code to an | 38299 |
| individual referred to the agency under division (C)(2) of section | 38300 |
| 173.35 of the Revised Code; | 38301 |
| (b) For the purpose of division (A)(16) of section 340.03 of | 38302 |
| the Revised Code, rules governing the duties of mental health | 38303 |
| agencies and boards of alcohol, drug addiction, and mental health | 38304 |
| services under section 3722.18 of the Revised Code regarding | 38305 |
| referrals of individuals with mental illness or severe mental | 38306 |
| disability to adult care facilities and effective arrangements for | 38307 |
| ongoing mental health services for the individuals. The rules | 38308 |
| shall do at least the following: | 38309 |
| (i) Provide for agencies and boards to participate fully in | 38310 |
| the procedures owners and managers of adult care facilities must | 38311 |
| follow under division (A)(2) of section 3722.18 of the Revised | 38312 |
| Code; | 38313 |
| (ii) Specify the manner in which boards are accountable for | 38314 |
| ensuring that ongoing mental health services are effectively | 38315 |
| arranged for individuals with mental illness or severe mental | 38316 |
| disability who are referred by the board or mental health agency | 38317 |
| under contract with the board to an adult care facility. | 38318 |
| (c) Rules governing a board of alcohol, drug addiction, and | 38319 |
| mental health services when making a report to the director of | 38320 |
| health under section 3722.17 of the Revised Code regarding the | 38321 |
| quality of care and services provided by an adult care facility to | 38322 |
| a person with mental illness or a severe mental disability. | 38323 |
| (2) Rules may be adopted to govern the method of paying a | 38324 |
|
community
mental health facility, as defined in
section | 38325 |
| 5111.023 of the Revised Code, for providing services listed in | 38326 |
| division (B) of that section. Such rules must be consistent with | 38327 |
| the contract entered into between the departments of job and | 38328 |
| family services and mental health under section 5111.91 of the | 38329 |
| Revised Code and include requirements ensuring appropriate service | 38330 |
| utilization. | 38331 |
| (B) Review and evaluate, and, taking into account the | 38332 |
| findings and recommendations of the board of alcohol, drug | 38333 |
| addiction, and mental health services of the district served by | 38334 |
| the program and the requirements and priorities of the state | 38335 |
| mental health plan, including the needs of residents of the | 38336 |
| district now residing in state mental institutions, approve and | 38337 |
| allocate funds to support community programs, and make | 38338 |
| recommendations for needed improvements to boards of alcohol, drug | 38339 |
| addiction, and mental health services; | 38340 |
| (C) Withhold state and federal funds for any program, in | 38341 |
| whole or in part, from a board of alcohol, drug addiction, and | 38342 |
| mental health services in the event of failure of that program to | 38343 |
| comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, | 38344 |
| or 5119.62 of the Revised Code or rules of the department of | 38345 |
| mental health. The director shall identify the areas of | 38346 |
| noncompliance and the action necessary to achieve compliance. The | 38347 |
| director shall offer technical assistance to the board to achieve | 38348 |
| compliance. The director shall give the board a reasonable time | 38349 |
| within which to comply or to present its position that it is in | 38350 |
| compliance. Before withholding funds, a hearing shall be conducted | 38351 |
| to determine if there are continuing violations and that either | 38352 |
| assistance is rejected or the board is unable to achieve | 38353 |
| compliance. Subsequent to the hearing process, if it is determined | 38354 |
| that compliance has not been achieved, the director may allocate | 38355 |
| all or part of the withheld funds to a public or private agency to | 38356 |
| provide the services not in compliance until the time that there | 38357 |
| is compliance. The director shall establish rules pursuant to | 38358 |
| Chapter 119. of the Revised Code to implement this division. | 38359 |
| (D) Withhold state or federal funds from a board of alcohol, | 38360 |
| drug addiction, and mental health services that denies available | 38361 |
| service on the basis of religion, race, color, creed, sex, | 38362 |
| national origin, age, disability as defined in section 4112.01 of | 38363 |
| the Revised Code, developmental disability, or the inability to | 38364 |
| pay; | 38365 |
| (E) Provide consultative services to community mental health | 38366 |
| agencies with the knowledge and cooperation of the board of | 38367 |
| alcohol, drug addiction, and mental health services; | 38368 |
| (F) Provide to boards of alcohol, drug addiction, and mental | 38369 |
| health services state or federal funds, in addition to those | 38370 |
| allocated under section 5119.62 of the Revised Code, for special | 38371 |
| programs or projects the director considers necessary but for | 38372 |
| which local funds are not available; | 38373 |
| (G) Establish criteria by which a board of alcohol, drug | 38374 |
| addiction, and mental health services reviews and evaluates the | 38375 |
| quality, effectiveness, and efficiency of services provided | 38376 |
| through its community mental health plan. The criteria shall | 38377 |
| include requirements ensuring appropriate service utilization. The | 38378 |
| department shall assess a board's evaluation of services and the | 38379 |
| compliance of each board with this section, Chapter 340. or | 38380 |
| section 5119.62 of the Revised Code, and other state or federal | 38381 |
| law and regulations. The department, in cooperation with the | 38382 |
| board, periodically shall review and evaluate the quality, | 38383 |
| effectiveness, and efficiency of services provided through each | 38384 |
| board. The department shall collect information that is necessary | 38385 |
| to perform these functions. | 38386 |
| (H) Develop and operate a community mental health information | 38387 |
| system. | 38388 |
| Boards of alcohol, drug abuse, and mental health services | 38389 |
| shall submit information requested by the department in the form | 38390 |
| and manner prescribed by the department. Information collected by | 38391 |
| the department shall include, but not be limited to, all of the | 38392 |
| following: | 38393 |
| (1) Information regarding units of services provided in whole | 38394 |
| or in part under contract with a board, including diagnosis and | 38395 |
| special needs, demographic information, the number of units of | 38396 |
| service provided, past treatment, financial status, and service | 38397 |
| dates in accordance with rules adopted by the department in | 38398 |
| accordance with Chapter 119. of the Revised Code; | 38399 |
| (2) Financial information other than price or price-related | 38400 |
| data regarding expenditures of boards and community mental health | 38401 |
| agencies, including units of service provided, budgeted and actual | 38402 |
| expenses by type, and sources of funds. | 38403 |
| Boards shall submit the information specified in division | 38404 |
| (H)(1) of this section no less frequently than annually for each | 38405 |
| client, and each time the client's case is opened or closed. The | 38406 |
| department shall not collect any information for the purpose of | 38407 |
| identifying by name any person who receives a service through a | 38408 |
| board of alcohol, drug addiction, and mental health services, | 38409 |
| except as required by state or federal law to validate appropriate | 38410 |
| reimbursement. For the purposes of division (H)(1) of this | 38411 |
| section, the department shall use an identification system that is | 38412 |
| consistent with applicable nationally recognized standards. | 38413 |
| (I) Review each board's community mental health plan | 38414 |
| submitted pursuant to section 340.03 of the Revised Code and | 38415 |
| approve or disapprove it in whole or in part. Periodically, in | 38416 |
| consultation with representatives of boards and after considering | 38417 |
| the recommendations of the medical director, the director shall | 38418 |
| issue criteria for determining when a plan is complete, criteria | 38419 |
| for plan approval or disapproval, and provisions for conditional | 38420 |
| approval. The factors that the director considers may include, but | 38421 |
| are not limited to, the following: | 38422 |
| (1) The mental health needs of all persons residing within | 38423 |
| the board's service district, especially severely mentally | 38424 |
| disabled children, adolescents, and adults; | 38425 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 38426 |
| cultural relevance of the services provided in each service | 38427 |
| district, the extent to which any services are duplicative of | 38428 |
| other available services, and whether the services meet the needs | 38429 |
| identified above; | 38430 |
| (3) The adequacy of the board's accounting for the | 38431 |
| expenditure of funds. | 38432 |
| If the director disapproves all or part of any plan, the | 38433 |
| director shall provide the board an opportunity to present its | 38434 |
| position. The director shall inform the board of the reasons for | 38435 |
| the disapproval and of the criteria that must be met before the | 38436 |
| plan may be approved. The director shall give the board a | 38437 |
| reasonable time within which to meet the criteria, and shall offer | 38438 |
| technical assistance to the board to help it meet the criteria. | 38439 |
| If the approval of a plan remains in dispute thirty days | 38440 |
| prior to the conclusion of the fiscal year in which the board's | 38441 |
| current plan is scheduled to expire, the board or the director may | 38442 |
| request that the dispute be submitted to a mutually agreed upon | 38443 |
| third-party mediator with the cost to be shared by the board and | 38444 |
| the department. The mediator shall issue to the board and the | 38445 |
| department recommendations for resolution of the dispute. Prior to | 38446 |
| the conclusion of the fiscal year in which the current plan is | 38447 |
| scheduled to expire, the director, taking into consideration the | 38448 |
| recommendations of the mediator, shall make a final determination | 38449 |
| and approve or disapprove the plan, in whole or in part. | 38450 |
| Sec. 5120.09. Under the supervision and control of the | 38451 |
| director of rehabilitation and correction, the division of | 38452 |
| business administration shall do all of the following: | 38453 |
| (A) Submit the budgets for the several divisions of the | 38454 |
| department of rehabilitation and correction, as prepared by the | 38455 |
| respective chiefs of those divisions, to the director. The | 38456 |
| director, with the assistance of the chief of the division of | 38457 |
| business administration, shall compile a departmental budget that | 38458 |
| contains all proposals submitted by the chiefs of the divisions | 38459 |
| and shall forward the departmental budget to the governor with | 38460 |
| comments and recommendations that the director considers | 38461 |
| necessary. | 38462 |
| (B) Maintain accounts and records and compile statistics that | 38463 |
| the director prescribes; | 38464 |
| (C) Under the control of the director, coordinate and make | 38465 |
| the necessary purchases and requisitions for the department and | 38466 |
| its divisions, except as provided under section 5119.16 of the | 38467 |
| Revised Code; | 38468 |
| (D) Administer within this state federal criminal justice | 38469 |
| acts that the governor requires the department to administer. In | 38470 |
| order to improve the criminal justice system of this state, the | 38471 |
| division of business administration shall apply for, allocate, | 38472 |
| disburse, and account for grants that are made available pursuant | 38473 |
| to those federal criminal justice acts and grants that are made | 38474 |
| available from other federal government sources, state government | 38475 |
| sources, or private sources. As used in this division, "criminal | 38476 |
| justice system" and "federal criminal justice acts" have the same | 38477 |
| meanings as in section | 38478 |
| (E) Audit the activities of governmental entities, persons as | 38479 |
| defined in section 1.59 of the Revised Code, and other types of | 38480 |
| nongovernmental entities that are financed in whole or in part by | 38481 |
| funds that the department allocates or disburses and that are | 38482 |
| derived from grants described in division (D) of this section; | 38483 |
| (F) Enter into contracts, including contracts with federal, | 38484 |
| state, or local governmental entities, persons as defined in | 38485 |
| section 1.59 of the Revised Code, foundations, and other types of | 38486 |
| nongovernmental entities, that are necessary for the department to | 38487 |
| carry out its duties and that neither the director nor another | 38488 |
| section of the Revised Code authorizes another division of the | 38489 |
| department to enter; | 38490 |
| (G) Exercise other powers and perform other duties that the | 38491 |
| director may assign to the division of business administration. | 38492 |
| Sec. 5120.51. (A)(1) If the director of rehabilitation and | 38493 |
| correction determines that a bill introduced in the general | 38494 |
| assembly is likely to have a significant impact on the population | 38495 |
| of, or the cost of operating, any or all state correctional | 38496 |
| institutions under the administration of the department of | 38497 |
| rehabilitation and correction, the department shall prepare a | 38498 |
| population and cost impact statement for the bill, in accordance | 38499 |
| with division (A)(2) of this section. | 38500 |
| (2) A population and cost impact statement required for a | 38501 |
|
bill
| 38502 |
| correctional institution population that likely would result if | 38503 |
| the bill were enacted, shall estimate, in dollars, the amount by | 38504 |
| which revenues or expenditures likely would increase or decrease | 38505 |
| if the bill were enacted, and briefly shall explain each of the | 38506 |
| estimates. | 38507 |
| A population and cost impact statement required for a bill | 38508 |
| initially shall be prepared after the bill is referred to a | 38509 |
| committee of the general assembly in the house of origination but | 38510 |
| before the meeting of the committee at which the committee is | 38511 |
| scheduled to vote on whether to recommend the bill for passage. A | 38512 |
| copy of the statement shall be distributed to each member of the | 38513 |
| committee that is considering the bill and to the member of the | 38514 |
| general assembly who introduced it. If the bill is recommended for | 38515 |
| passage by the committee, the department shall update the | 38516 |
| statement before the bill is taken up for final consideration by | 38517 |
| the house of origination. A copy of the updated statement shall be | 38518 |
| distributed to each member of that house and to the member of the | 38519 |
| general assembly who introduced the bill. If the bill is passed by | 38520 |
| the house of origination and is introduced in the second house, | 38521 |
| the provisions of this division concerning the preparation, | 38522 |
| updating, and distribution of the statement in the house of | 38523 |
| origination also apply in the second house. | 38524 |
| (B) The governor or any member of the general assembly, at | 38525 |
| any time, may request the department to prepare a population and | 38526 |
| cost impact statement for any bill introduced in the general | 38527 |
| assembly. Upon receipt of a request, the department promptly shall | 38528 |
| prepare a statement that includes the estimates and explanations | 38529 |
| described in division (A)(2) of this section and present a copy of | 38530 |
| it to the governor or member who made the request. | 38531 |
| (C) In the preparation of a population and cost impact | 38532 |
| statement required by division (A) or (B) of this section, the | 38533 |
| department shall use a technologically sophisticated system | 38534 |
| capable of estimating future state correctional institution | 38535 |
| populations. The system shall have the capability to adjust its | 38536 |
| estimates based on actual and proposed changes in sentencing laws | 38537 |
| and trends, sentence durations, parole rates, crime rates, and any | 38538 |
| other data that affect state correctional institution populations. | 38539 |
| The department, in conjunction with the advisory committee | 38540 |
| appointed under division (E) of this section, shall review and | 38541 |
| update the data used in the system, not less than once every six | 38542 |
| months, to improve the accuracy of the system. | 38543 |
| (D) At least once every six months, the department shall | 38544 |
| provide to the correctional institution inspection committee a | 38545 |
| copy of the estimates of state correctional institution | 38546 |
| populations obtained through use of the system described in | 38547 |
| division (C) of this section and a description of the assumptions | 38548 |
| regarding sentencing laws and trends, sentence durations, parole | 38549 |
| rates, crime rates, and other relevant data that were made by the | 38550 |
| department to obtain the estimates. Additionally, a copy of the | 38551 |
| estimates and a description of the assumptions made to obtain them | 38552 |
| shall be provided, upon reasonable request, to other legislative | 38553 |
| staff, including the staff of the legislative service commission | 38554 |
| 38555 | |
| 38556 | |
| 38557 | |
| public safety. | 38558 |
| (E) The correctional institution inspection committee shall | 38559 |
| appoint an advisory committee to review the operation of the | 38560 |
| system for estimating future state correctional institution | 38561 |
| populations that is used by the department in the preparation of | 38562 |
| population cost impact statements pursuant to this section and to | 38563 |
| join with the department in its reviews and updating of the data | 38564 |
| used in the system under division (C) of this section. The | 38565 |
| advisory committee shall be comprised of at least one prosecuting | 38566 |
| attorney, at least one common pleas court judge, at least one | 38567 |
| public defender, at least one person who is a member or staff | 38568 |
| employee of the committee, and at least one representative of the | 38569 |
| 38570 | |
| public safety. | 38571 |
| | 38572 |
| 5121.01 to 5121.21 of the Revised Code: | 38573 |
| (A) | 38574 |
| 38575 | |
| 38576 |
| | 38577 |
| the department of mental retardation and developmental | 38578 |
|
disabilities, whichever provides care or treatment to the
| 38579 |
| recipient or resident. | 38580 |
| | 38581 |
| or other facility pursuant to Chapter 5123. of the Revised Code | 38582 |
| who is under observation or receiving habilitation and care in an | 38583 |
| institution for the mentally retarded. | 38584 |
| (C) "Community mental health services recipient" or | 38585 |
| "recipient" means a person receiving state-operated community | 38586 |
| mental health services. | 38587 |
| (D) "State-operated community mental health services" means | 38588 |
| community-based services the department of mental health operates | 38589 |
| for a board of alcohol, drug addiction, and mental health services | 38590 |
| pursuant to a community mental health plan approved under division | 38591 |
| (A)(1)(c) of section 340.03 of the Revised Code. | 38592 |
| (E) "Applicable cost" means the rate for support applicable | 38593 |
| to a
| 38594 |
| section. | 38595 |
| The cost for support of | 38596 |
|
in institutions under the jurisdiction of | 38597 |
| 38598 | |
| disabilities, and of residents in private facilities or homes | 38599 |
| whose care or treatment is being paid for by the department of | 38600 |
| mental retardation and developmental disabilities, shall be based | 38601 |
| on the average per capita cost of the care and treatment of such | 38602 |
| 38603 | |
| 38604 | |
| the projected
average daily per capita cost at the | 38605 |
| institution, or at the discretion of the department under the | 38606 |
| jurisdiction of
which the | 38607 |
| subunit thereof in which services are provided. Such costs shall | 38608 |
| be computed at least annually for the next prospective period | 38609 |
| using generally accepted governmental accounting principles. The | 38610 |
| cost of services for mentally retarded residents that are being | 38611 |
| cared for and maintained in a private facility or home under the | 38612 |
| supervision of the department of mental retardation and | 38613 |
| developmental disabilities regional offices and for which a | 38614 |
| purchase of services contract is being paid to the private | 38615 |
| facility or home by the department shall not be more than the per | 38616 |
| diem cost of the contract. The cost of services for a resident | 38617 |
| receiving pre-admission care, after-care, day-care, or routine | 38618 |
| consultation and treatment services in a community service unit | 38619 |
|
under the jurisdiction of the department | 38620 |
| basis of the average cost of such services at the institution at | 38621 |
| which they are provided. | 38622 |
| The cost for support of a | 38623 |
| state-operated community mental health services is an amount | 38624 |
| determined using guidelines the department of mental health shall | 38625 |
| issue. The guidelines shall be based on cost-findings and | 38626 |
| rate-settings applicable to such services. | 38627 |
| The appropriate department shall annually determine the | 38628 |
| ability to pay of a
| 38629 |
| 38630 | |
| amount that such person shall pay in accordance with section | 38631 |
| 5121.04 of the Revised Code. | 38632 |
| Collections of support payments shall be made by the | 38633 |
| department of mental health and the department of mental | 38634 |
| retardation and developmental disabilities and, subject to meeting | 38635 |
| prior requirements for payment and crediting of such collections | 38636 |
| and other available receipts, in accordance with the bond | 38637 |
| proceedings applicable to obligations issued pursuant to section | 38638 |
| 154.20 of the Revised Code, such collections and other available | 38639 |
| receipts designated by the director of the department of mental | 38640 |
| health and the director of the department of mental retardation | 38641 |
| and developmental disabilities for deposit in the special | 38642 |
| accounts, together with insurance contract payments provided for | 38643 |
| in division (B)(8) of section 5121.04 of the Revised Code, shall | 38644 |
| be remitted to the treasurer of state for deposit in the state | 38645 |
| treasury to the credit of the mental health operating fund and the | 38646 |
| mental retardation operating fund, which are hereby created, to be | 38647 |
| used for the general purposes of the department of mental health | 38648 |
| and the department of mental retardation and developmental | 38649 |
| disabilities. The department of mental health shall make refunds | 38650 |
| of overpayment of support charges from the mental health operating | 38651 |
| fund, and the department of mental retardation and developmental | 38652 |
| disabilities shall make refunds of overpayment of support charges | 38653 |
| from the mental retardation operating fund. | 38654 |
| | 38655 |
| 38656 | |
| Chapter 5123. of the Revised Code shall be maintained at the | 38657 |
| expense of the state. Their traveling and incidental expenses in | 38658 |
| conveying them to the institution or facility shall be paid by the | 38659 |
| county of
commitment.
Upon admission, the | 38660 |
| shall be neatly and comfortably clothed. Thereafter, the expense | 38661 |
| of necessary clothing shall be borne by the responsible relatives | 38662 |
| or guardian if they are financially able. If not furnished, the | 38663 |
| state shall bear the expense. Any required traveling expense after | 38664 |
| admission to the institution or facility shall be borne by the | 38665 |
| state if the responsible relatives or guardian are unable to do | 38666 |
| so. | 38667 |
| | 38668 |
|
institution under the jurisdiction of | 38669 |
| 38670 | |
| disabilities pursuant to judicial proceedings, the judge ordering | 38671 |
| such commitment shall: | 38672 |
| (A) Make a reliable report on the financial condition of such | 38673 |
| person and of each of the relatives of the person who are liable | 38674 |
| for | 38675 |
| the
Revised Code and rules and procedures agreed upon by | 38676 |
| 38677 | |
| and developmental disabilities; | 38678 |
| (B) Certify to the managing officer of such institution, and | 38679 |
| the managing officer shall thereupon enter upon | 38680 |
| officer's records the name and address of any guardian appointed | 38681 |
| and of any relative liable for such person's support under section | 38682 |
| 5121.06 of the Revised Code. | 38683 |
| Sec. 5121.04. (A) The | 38684 |
| department of mental retardation and developmental disabilities | 38685 |
|
shall investigate the financial condition of the | 38686 |
| 38687 | |
| treatment is being paid for in a private facility or home under | 38688 |
| the control of the department of mental retardation and | 38689 |
| developmental disabilities, and of the relatives named in section | 38690 |
| 5121.06 of the Revised Code as liable for the support of such | 38691 |
| 38692 | |
| 38693 | |
| support of
the
| 38694 |
| clothing as required by the superintendent of the institution. | 38695 |
| The department of mental health shall investigate the | 38696 |
|
financial
condition of | 38697 |
| 38698 | |
| recipients to determine
the | 38699 |
| ability to pay for the | 38700 |
| cases, in determining ability to pay and the amount to be charged, | 38701 |
| due regard shall be had for others who may be dependent for | 38702 |
| support
upon such relatives or the estate of the
| 38703 |
| recipient. | 38704 |
| (B) The department shall follow the provisions of this | 38705 |
|
division in determining the ability to pay of a | 38706 |
|
resident or recipient or the | 38707 |
| recipient's liable relatives and the amount to be charged such | 38708 |
| 38709 |
| (1) Subject to divisions (B)(10) and (11) of this section, a | 38710 |
| 38711 | |
| liable for the
full applicable
cost. A | 38712 |
| recipient without dependents who has a gross annual income equal | 38713 |
| to or exceeding the sum of the full applicable cost, plus fifty | 38714 |
| dollars per month, regardless of the source of such income, shall | 38715 |
| pay currently the full amount of the applicable cost; if the | 38716 |
| 38717 | |
| than such sum, not more than fifty dollars per month shall be kept | 38718 |
| for personal
use by or on behalf of the
| 38719 |
| recipient, except as permitted in the state plan for providing | 38720 |
| medical assistance under Title XIX of the "Social Security Act," | 38721 |
| 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the balance | 38722 |
| shall be paid
currently on the | 38723 |
| recipient's support. Subject to divisions (B)(10) and (11) of this | 38724 |
|
section,
the estate of a | 38725 |
| dependents shall pay currently any remaining difference between | 38726 |
| the applicable cost and the amounts prescribed in this section, or | 38727 |
| shall execute an agreement with the department for payment to be | 38728 |
| made at some future date under terms suitable to the department. | 38729 |
| However, no security interest, mortgage, or lien shall be taken, | 38730 |
|
granted, or
charged against any principal residence of a | 38731 |
| 38732 | |
| otherwise to secure support payments, and no foreclosure actions | 38733 |
| shall be taken on security interests, mortgages, or liens taken, | 38734 |
| granted,
or charged
against principal residences of | 38735 |
| residents or recipients prior to October 7, 1977. | 38736 |
| (2) The ability to pay of a | 38737 |
| with
dependents, or of a liable relative of a | 38738 |
| or recipient either with or without dependents, shall be | 38739 |
| determined in
accordance with the | 38740 |
| recipient's, or liable relative's income or other assets, the | 38741 |
| needs of others who are dependent on such income and other assets | 38742 |
| for support, and, if applicable, divisions (B)(10) and (11) of | 38743 |
| this section. | 38744 |
| For the first thirty days of care and treatment of each | 38745 |
| admission and for the first thirty days of care and treatment from | 38746 |
| state-operated community mental health services, but in no event | 38747 |
|
for more
than thirty days in any
calendar year, the | 38748 |
| 38749 | |
| or the
liable relative of a | 38750 |
| 38751 | |
| shall be charged an amount equal to the percentage of the average | 38752 |
| applicable cost determined in accordance with the schedule of | 38753 |
| adjusted gross annual income contained after this paragraph. After | 38754 |
| such first
thirty days of care and treatment,
such | 38755 |
| 38756 | |
| relative shall be charged an amount equal to the percentage of a | 38757 |
| base support rate
of four dollars per day for
| 38758 |
| 38759 | |
| determined in accordance with the schedule of gross annual income | 38760 |
| contained after this paragraph, or in accordance with division | 38761 |
| (B)(5) of this section. Beginning January 1, 1978, the department | 38762 |
| shall increase the base rate when the consumer price index average | 38763 |
| is more than 4.0 for the preceding calendar year by not more than | 38764 |
| the average for such calendar year. | 38765 |
| Adjusted Gross Annual | 38766 | ||
| Income of Patient or Resident | 38767 | ||
| or Liable Relative (FN a) | Number of Dependents (FN b) | 38768 |
| 8 or | 38769 | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | more | 38770 | ||
| Rate of Support (In Percentages) | 38771 | |||||||||
| $15,000 or less | -- | -- | -- | -- | -- | -- | -- | -- | 38772 | |
| 15,001 to 17,500 | 20 | -- | -- | -- | -- | -- | -- | -- | 38773 | |
| 17,501 to 20,000 | 25 | 20 | -- | -- | -- | -- | -- | -- | 38774 | |
| 20,001 to 21,000 | 30 | 25 | 20 | -- | -- | -- | -- | -- | 38775 | |
| 21,001 to 22,000 | 35 | 30 | 25 | 20 | -- | -- | -- | -- | 38776 | |
| 22,001 to 23,000 | 40 | 35 | 30 | 25 | 20 | -- | -- | -- | 38777 | |
| 23,001 to 24,000 | 45 | 40 | 35 | 30 | 25 | 20 | -- | -- | 38778 | |
| 24,001 to 25,000 | 50 | 45 | 40 | 35 | 30 | 25 | 20 | -- | 38779 | |
| 25,001 to 26,000 | 55 | 50 | 45 | 40 | 35 | 30 | 25 | 20 | 38780 | |
| 26,001 to 27,000 | 60 | 55 | 50 | 45 | 40 | 35 | 30 | 25 | 38781 | |
| 27,001 to 28,000 | 70 | 60 | 55 | 50 | 45 | 40 | 35 | 30 | 38782 | |
| 28,001 to 30,000 | 80 | 70 | 60 | 55 | 50 | 45 | 40 | 35 | 38783 | |
| 30,001 to 40,000 | 90 | 80 | 70 | 60 | 55 | 50 | 45 | 40 | 38784 | |
| 40,001 and over | 100 | 90 | 80 | 70 | 60 | 55 | 50 | 45 | 38785 | |
| Footnote a. The | 38786 |
| shall
furnish a copy of the | 38787 |
| relative's federal income tax return as evidence of gross annual | 38788 |
| income. | 38789 |
| Footnote b. The number of dependents includes the liable | 38790 |
|
relative but excludes | 38791 |
| an institution. "Dependent" includes any person who receives more | 38792 |
|
than half the person's support from the | 38793 |
| recipient, or
the | 38794 |
| relative. | 38795 |
| (3) A | 38796 |
| having medical, funeral, or related expenses in excess of four per | 38797 |
| cent of the adjusted gross annual income, which expenses were not | 38798 |
| covered by insurance, may adjust such gross annual income by | 38799 |
| reducing the adjusted gross annual income by the full amount of | 38800 |
| such expenses. Proof of such expenses satisfactory to the | 38801 |
| department must be furnished. | 38802 |
| (4) Additional dependencies may be claimed if: | 38803 |
| (a) The liable relative is blind; | 38804 |
| (b) The liable relative is over sixty-five; | 38805 |
| (c) A child is a college student with expenses in excess of | 38806 |
| fifty dollars per month; | 38807 |
| (d) The services of a housekeeper, costing in excess of fifty | 38808 |
| dollars per month, are required if the person who normally keeps | 38809 |
| house for minor children is the | 38810 |
| (5) If with respect to any | 38811 |
| with dependents there is chargeable under division (B)(2) of this | 38812 |
| section less than fifty per cent of the applicable cost or, if the | 38813 |
| base support rate was used, less than fifty per cent of the amount | 38814 |
| determined by use of the base support rate, and if with respect to | 38815 |
|
such | 38816 |
| who has an estate having a value in excess of fifteen thousand | 38817 |
|
dollars or if
such | 38818 |
| dependent and an estate having a value in excess of fifteen | 38819 |
| thousand dollars,
there shall be paid
with respect to such | 38820 |
| 38821 | |
| applicable cost or the base support rate amount, as the case may | 38822 |
| be, on a current basis or there shall be executed with respect to | 38823 |
| such | 38824 |
| department for payment to be made at some future date under terms | 38825 |
| suitable to the department. | 38826 |
| (6) When a person has been a | 38827 |
| for fifteen years and the support charges for which a relative is | 38828 |
| liable have been paid for the fifteen-year period, the liable | 38829 |
| relative shall be relieved of any further support charges. | 38830 |
| (7) The department shall accept voluntary payments from | 38831 |
| 38832 | |
| incomes are below the minimum shown in the schedule set forth in | 38833 |
| this division. The department also shall accept voluntary payments | 38834 |
| in excess of required amounts from both liable and nonliable | 38835 |
| relatives. | 38836 |
| (8) If a | 38837 |
| insurance policy, or other contract that provides for payment of | 38838 |
| expenses for care and treatment for mental illness or mental | 38839 |
| retardation
at
or from an institution | 38840 |
| 38841 | |
| department), or state-operated community mental health service, | 38842 |
| the other provisions of this section, except divisions (B)(8), | 38843 |
|
(10), and
(11) of this section, and of section | 38844 |
| the Revised Code shall be suspended to the extent that such | 38845 |
| insurance policy or
other
contract is in force, and such | 38846 |
| 38847 | |
| applicable cost. Any insurance carrier or other third party payor | 38848 |
| providing coverage for such care and treatment shall pay for this | 38849 |
| support obligation in an amount equal to the lesser of either the | 38850 |
| applicable cost or the benefits provided under the policy or other | 38851 |
| contract. Whether or not an insured, owner of, or other person | 38852 |
| having an interest in such policy or other contract is liable for | 38853 |
| support payments under other provisions of this chapter, the | 38854 |
| insured, policy owner, or other person shall assign payment | 38855 |
| directly to the department of all assignable benefits under the | 38856 |
| policy or other contract and shall pay over to the department, | 38857 |
| within ten days of receipt, all insurance or other benefits | 38858 |
| received as reimbursement or payment for expenses incurred by the | 38859 |
| 38860 | |
| insured, policy owner, or other person refuses to assign such | 38861 |
| payment to the department or refuses to pay such received | 38862 |
| reimbursements or payments over to the department within ten days | 38863 |
| of receipt, the insured's, policy owners', or other person's total | 38864 |
| liability for the services equals the applicable statutory | 38865 |
| liability for payment for the services as determined under other | 38866 |
| provisions of this chapter, plus the amounts payable under the | 38867 |
| terms of the policy or other contract. In no event shall this | 38868 |
| total liability exceed the full amount of the applicable cost. | 38869 |
| Upon its request, the department is entitled to a court order that | 38870 |
| compels the insured, owner of, or other person having an interest | 38871 |
| in the policy or other contract to comply with the assignment | 38872 |
| requirements of this division or that itself serves as a legally | 38873 |
| sufficient assignment in compliance with such requirements. | 38874 |
| Notwithstanding section 5122.31 of the Revised Code and any other | 38875 |
| law relating to confidentiality of records, the managing officer | 38876 |
| of the institution or facility where a person is or has been a | 38877 |
| 38878 | |
| community
mental health services from which the
| 38879 |
| receives services, shall disclose pertinent medical information | 38880 |
|
concerning the | 38881 |
| carrier or other third party payor in question, in order to effect | 38882 |
| collection from the carrier or payor of the state's claim for care | 38883 |
| and treatment under this division. For such disclosure, the | 38884 |
| managing officer is not subject to any civil or criminal | 38885 |
| liability. | 38886 |
| (9) The rate to be charged for pre-admission care, | 38887 |
| after-care, day-care, or routine consultation and treatment | 38888 |
|
services shall be based upon the ability of the | 38889 |
|
resident or the | 38890 |
| When it is determined by the department that a charge shall be | 38891 |
| made, such charge shall be computed as provided in divisions | 38892 |
| (B)(1) and (2) of this section. | 38893 |
| (10) If a | 38894 |
| dependents is the beneficiary of a trust created pursuant to | 38895 |
| section 1339.51 of the Revised Code, then, notwithstanding any | 38896 |
| contrary provision of this chapter or of a rule adopted pursuant | 38897 |
| to this chapter, divisions (C) and (D) of that section shall apply | 38898 |
| in determining
the assets or resources of the | 38899 |
| the recipient, the
| 38900 |
| the settlor, or the settlor's estate and to claims arising under | 38901 |
| this chapter
against the
| 38902 |
| 38903 | |
| settlor's estate. | 38904 |
| (11) If the department of mental retardation and | 38905 |
| developmental disabilities waives the liability of an individual | 38906 |
| and the individual's liable relatives pursuant to section 5123.194 | 38907 |
| of the Revised Code, the liability of the individual and relative | 38908 |
| ceases in accordance with the waiver's terms. | 38909 |
| (C) The department may enter into agreements with a
| 38910 |
| 38911 | |
| payments to be made in the future. However, no security interest, | 38912 |
| mortgage, or lien shall be taken, granted, or charged against any | 38913 |
| principal
family
residence of a | 38914 |
| with dependents or a liable relative under an agreement or | 38915 |
| otherwise to secure support payments, and no foreclosure actions | 38916 |
| shall be taken on security interests, mortgages or liens taken, | 38917 |
| granted, or charged against
principal residences of | 38918 |
| residents, recipients, or liable relatives prior to October 7, | 38919 |
| 1977. | 38920 |
| (D) The department shall make all investigations and | 38921 |
| determinations required by this section within ninety days after a | 38922 |
| 38923 | |
|
department's control or a | 38924 |
| state-operated community mental health services, and immediately | 38925 |
| shall notify by mail the persons liable of the amount to be | 38926 |
| charged. | 38927 |
| (E) All actions to enforce the collection of payments agreed | 38928 |
| upon or charged by the department shall be commenced within six | 38929 |
| years after the date of default of an agreement to pay support | 38930 |
| charges or the date such payment becomes delinquent. If a payment | 38931 |
| is made pursuant to an agreement which is in default, a new | 38932 |
| six-year period for actions to enforce the collection of payments | 38933 |
| under such agreement shall be computed from the date of such | 38934 |
| payment. For purposes of this division an agreement is in default | 38935 |
| or a payment is delinquent if a payment is not made within thirty | 38936 |
| days after it is incurred or a payment, pursuant to an agreement, | 38937 |
| is not made within thirty days after the date specified for such | 38938 |
| payment. In all actions to enforce the collection of payment for | 38939 |
| the liability for support, every court of record shall receive | 38940 |
| into evidence the proof of claim made by the state together with | 38941 |
| all debts and credits, and it shall be prima-facie evidence of the | 38942 |
| facts contained in it. | 38943 |
| Sec. 5121.05. The department of mental health and the | 38944 |
| department of mental retardation and developmental disabilities | 38945 |
| may subpoena witnesses, take testimony under oath, and examine any | 38946 |
| public records relating to the income and other assets of a | 38947 |
| 38948 | |
| 38949 | |
| conclusions, and recommendations shall be submitted to the | 38950 |
| department by the investigating agent of the department. The | 38951 |
| department shall determine the amount of support to be paid, by | 38952 |
| whom, and whether clothing shall be furnished by the relatives or | 38953 |
| guardian. | 38954 |
| Sec. 5121.06. (A) The following persons other than the | 38955 |
| 38956 | |
| or recipient's estate are liable relatives and all the following | 38957 |
| persons are jointly and severally liable for the support of a | 38958 |
| 38959 | |
| of | 38960 |
| retardation and developmental disabilities or for the support of a | 38961 |
| 38962 | |
| health services: | 38963 |
| (1) The | 38964 |
| 38965 |
| (2) The | 38966 |
| (3) The father or mother, or both, of a minor | 38967 |
| resident or recipient under the age of eighteen years. | 38968 |
| (B) The department shall determine, pursuant to section | 38969 |
| 5121.04 of the Revised Code, the amount to be charged each such | 38970 |
| liable person in the order named in this section, but shall not | 38971 |
| collect from any person more than one hundred per cent of the | 38972 |
| applicable cost. | 38973 |
| (C) An action to collect delinquent payments or to enforce | 38974 |
| agreements in default may be brought against any or all persons | 38975 |
|
named in this section. To the extent parents of adult | 38976 |
| residents or recipients, pursuant to the language of this section | 38977 |
| previously in force, incurred charges for the support of such | 38978 |
| 38979 | |
| birthday of such | 38980 |
| 1975, their liability for such period may be cancelled, | 38981 |
| compromised, or settled as provided in section 5121.07 of the | 38982 |
| Revised Code. | 38983 |
| (D) Irrespective of the number of | 38984 |
| recipients whose care might be chargeable against a liable | 38985 |
| relative, no individual liable relative nor any group of liable | 38986 |
| relatives who are members of the same family unit shall be charged | 38987 |
| with the
support of more than one | 38988 |
| during the same period of time, and different periods of time for | 38989 |
| which such liable relative has paid the charges for such different | 38990 |
| 38991 | |
| added together for the purpose of completing the maximum | 38992 |
| fifteen-year period of liability of such liable relative under | 38993 |
| division (B)(6) of section 5121.04 of the Revised Code. | 38994 |
| Sec. 5121.061. The authority of the department of mental | 38995 |
| health or the department of mental retardation and developmental | 38996 |
| disabilities to modify support charges pursuant to section 5121.04 | 38997 |
| of the Revised Code shall not be
exercised until the | 38998 |
| resident, recipient, or liable relative has petitioned the | 38999 |
| department for modification as provided in section 5121.07 of the | 39000 |
| Revised Code and has offered to the department satisfactory proof | 39001 |
| of | 39002 |
| and assets. The department may modify the charges if its | 39003 |
| investigation warrants such modification. | 39004 |
| Sec. 5121.07. Any person who has been charged with the | 39005 |
| payment of the support
of a | 39006 |
| institution; for pre-admission care, after-care, day-care, or | 39007 |
| routine consultation and treatment services in a community service | 39008 |
| unit under the control of | 39009 |
| department of mental retardation and developmental disabilities; | 39010 |
| or for the cost of state-operated community mental health services | 39011 |
| may petition the department for a release from, or modification | 39012 |
| of, such charge, and the department, after an investigation, may | 39013 |
| cancel or modify such former charge, or may cancel, compromise, or | 39014 |
| settle any accrued liability in an amount not exceeding five | 39015 |
| thousand dollars. Amounts in excess thereof may be canceled, | 39016 |
| compromised, or settled as provided in section 131.02 of the | 39017 |
| Revised Code. The department may for due cause increase the amount | 39018 |
| previously ordered paid. | 39019 |
| Sec. 5121.08. The managing officers of the benevolent | 39020 |
| institutions under the
control of | 39021 |
| 39022 | |
| disabilities, the managing officers of state-operated community | 39023 |
| mental health services, and the committing court, if requested, | 39024 |
| shall submit to the department such information as they may obtain | 39025 |
|
concerning the financial condition of any | 39026 |
| recipient, or of relatives
liable for the | 39027 |
| or recipient's support. | 39028 |
| Sec. 5121.09. In case the estate of any | 39029 |
| in a
benevolent
institution under the jurisdiction of | 39030 |
| 39031 | |
| retardation and developmental disabilities or
| 39032 |
| of state-operated community mental health services is sufficient | 39033 |
|
for the | 39034 |
| hardship to any others who may be dependent thereon, and no | 39035 |
| guardian has been appointed for such estate, the agent of the | 39036 |
| department shall petition the probate court of the proper county | 39037 |
| to appoint a guardian. | 39038 |
| Sec. 5121.10. Upon the death of a person who is a | 39039 |
| resident | 39040 |
|
institution under the jurisdiction of | 39041 |
| 39042 | |
| disabilities or of a person who is a recipient or has been a | 39043 |
| recipient of state-operated community mental health services, or | 39044 |
| 39045 | |
| the Revised Code for the support of a | 39046 |
| recipient, the department may waive the presentation of any claim | 39047 |
| for support against the estate of such decedent, when in its | 39048 |
| judgment an otherwise dependent person will be directly benefited | 39049 |
| by the estate. Claims against an estate for support of
a | 39050 |
| 39051 | |
| Chapter 2117. of the Revised Code, and shall be treated, and may | 39052 |
| be barred, the same as the claims of other creditors of the | 39053 |
| estate, pursuant to that section or chapter. | 39054 |
| The department may accept from a guardian or trustee of a | 39055 |
| 39056 | |
| state from the property of the guardian's or trustee's ward before | 39057 |
| or at the death of the ward a fixed annual amount for the support | 39058 |
| of the ward while the
ward is a
| 39059 |
| with interest at four per cent per annum. A copy of the contract | 39060 |
| shall be filed in the probate court of the proper county and duly | 39061 |
| entered as a part of the records concerning the ward. | 39062 |
| Sec. 5121.11. The state shall bear the expense of the burial | 39063 |
| or
cremation of an indigent
| 39064 |
| 39065 | |
| mentally retarded | 39066 |
| body is not claimed for interment or cremation at the expense of | 39067 |
|
friends or
relatives | 39068 |
| or for the study of embalming in accordance with section 1713.34 | 39069 |
| of the Revised Code. The managing officer of the institution shall | 39070 |
| provide at the grave of the person or, if the person's cremated | 39071 |
| remains are buried, at the grave of the person's cremated remains, | 39072 |
| a metal, stone, or concrete marker on which shall be inscribed the | 39073 |
| name and age of the person and the date of death. | 39074 |
| Sec. 5121.12. The support and maintenance of | 39075 |
| 39076 | |
| confined in state institutions for the mentally retarded, | 39077 |
| including those transferred to them from state correctional | 39078 |
| institutions, and also including persons under indictment or | 39079 |
| conviction for crime, shall be collected and paid in accordance | 39080 |
| with this chapter. | 39081 |
| Sec. 5121.21. (A) If payment of any amount due the state | 39082 |
| under the provisions of Chapter 5121. of the Revised Code is made | 39083 |
|
on account of a | 39084 |
| relative, as defined in division (A) of section 5121.06 of the | 39085 |
| Revised Code, such relative may recover the following amounts from | 39086 |
| the following persons; provided, that in no event may such | 39087 |
| relative recover in total more than such relative has paid the | 39088 |
| state, and provided, that in no event is the person from whom | 39089 |
| recovery is sought obliged to pay at a rate of support higher than | 39090 |
| such person would have paid had the state proceeded directly | 39091 |
| against such person: | 39092 |
| (1) Any liable person may recover from the | 39093 |
|
resident or recipient, | 39094 |
| or from the
executor or administrator of
the | 39095 |
| resident's or recipient's estate, the full amount of payment made | 39096 |
| by such liable relative. | 39097 |
| (2) Any liable relative may recover from the | 39098 |
|
resident's | 39099 |
| of payment made by such liable relative. | 39100 |
| (3) A minor | 39101 |
| recover
from such minor | 39102 |
| father the full amount of payment made by such mother. | 39103 |
| (4) Any liable relative, other than the | 39104 |
|
resident's or recipient's spouse | 39105 |
| 39106 | |
| such | 39107 |
| 39108 | |
|
5121.06 of the Revised Code | 39109 |
| such liable relative; provided, that there may be recovered from | 39110 |
|
each such | 39111 |
| total payment as the figure one bears to the total number of such | 39112 |
| adult
| 39113 |
| (5) An adult | 39114 |
| may recover
from an adult | 39115 |
| father the full amount of payment made by such mother. | 39116 |
| Sec. 5121.30. As used in sections 5121.30 to 5121.55 of the | 39117 |
| Revised Code: | 39118 |
| (A)"Countable assets" means all of the following: | 39119 |
| (1) Cash; | 39120 |
| (2) Bank deposits; | 39121 |
| (3) Securities; | 39122 |
| (4) Individual retirement accounts; | 39123 |
| (5) Qualified employer plans, including 401(k) and Keogh | 39124 |
| plans; | 39125 |
| (6) Pension funds; | 39126 |
| (7) Annuities; | 39127 |
| (8) Funds in a trust created under section 1339.51 of the | 39128 |
| Revised Code; | 39129 |
| (9) Investment property and income; | 39130 |
| (10) The cash surrender values of life insurance policies; | 39131 |
| (11) Assets acquired by gift, bequest, devise, or | 39132 |
| inheritance; | 39133 |
| (12) Any other asset determined by the department of mental | 39134 |
| health to be equivalent to the assets enumerated in this division. | 39135 |
| (B) "Federal poverty level" or "FPL" means the income level | 39136 |
| represented by the poverty guidelines as revised annually by the | 39137 |
| United States department of health and human services in | 39138 |
| accordance with section 673(2) of the "Omnibus Reconciliation Act | 39139 |
| of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family | 39140 |
| size equal to the size of the family of the person whoseincome is | 39141 |
| being determined. | 39142 |
| (C) "Federal poverty guidelines" means the poverty guidelines | 39143 |
| as revised annually by the United States department of health and | 39144 |
| human services in accordance with section 673(2) of the "Omnibus | 39145 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, | 39146 |
| as amended, for a family size equal to the size of the family of | 39147 |
| the person whose income is being determined. | 39148 |
| (D) "Hospital" means an institution, hospital, or other place | 39149 |
| established, controlled, or supervised by the department under | 39150 |
| Chapter 5119. of the Revised Code. | 39151 |
| (E) "Liable relative" means both of the following: | 39152 |
| (1) A patient's spouse; | 39153 |
| (2) A patient's mother or father, or both, if the patient is | 39154 |
| under eighteen years of age. | 39155 |
| (F) "Patient" means a person admitted to a hospital for | 39156 |
| inpatient care or treatment. | 39157 |
| Sec. 5121.31. All patients shall be maintained at the expense | 39158 |
| of the state. The traveling and incidental expenses in conveying | 39159 |
| them to a hospital shall be paid by the county of commitment. On | 39160 |
| admission, patients shall be neatly and comfortably clothed. | 39161 |
| Thereafter, the expense of necessary clothing shall be borne by | 39162 |
| the responsible relatives or guardian if they are financially | 39163 |
| able. If not furnished, the state shall bear the expense. Any | 39164 |
| required traveling expense after admission to the hospital shall | 39165 |
| be borne by the state if the responsible relatives or guardian is | 39166 |
| unable to do so. | 39167 |
| Sec. 5121.32. On an annual basis, the department of mental | 39168 |
| health shall determine both of the following using generally | 39169 |
| accepted governmental accounting principles: | 39170 |
| (A) The applicable per diem charge for each hospital operated | 39171 |
| by the department; | 39172 |
| (B) The ancillary per diem rate for each hospital operated by | 39173 |
| the department. | 39174 |
| In determining a hospital's applicable per diem charge and | 39175 |
| ancillary per diem rate, the department shall consider the average | 39176 |
| actual per diem cost of maintaining and treating a patient at the | 39177 |
| hospital or, at the department's discretion, the average actual | 39178 |
| per diem cost of maintaining and treating a patient in a unit of | 39179 |
| the hospital. | 39180 |
| Sec. 5121.33. Except as provided in sections 5121.35, | 39181 |
| 5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised | 39182 |
| Code, the department of mental health shall, for each billing | 39183 |
| cycle, charge a patient, patient's estate, or liable relative an | 39184 |
| amount equal to the sum of the following: | 39185 |
| (A) The applicable per diem charge multiplied by the number | 39186 |
| of days the patient was admitted to the hospital; | 39187 |
| (B) An amount that was previously billed but not paid. | 39188 |
| Sec. 5121.34. A patient, patient's estate, and patient's | 39189 |
| liable relatives shall be jointly and severally liable for amounts | 39190 |
| charged by the department of mental health in accordance with | 39191 |
| sections 5121.33 and 5121.35 of the Revised Code. In no case shall | 39192 |
| any of the foregoing persons be liable for more than one hundred | 39193 |
| per cent of any amount charged. | 39194 |
| Sec. 5121.35. The department of mental health shall charge a | 39195 |
| patient, patient's estate, or liable relative an amount discounted | 39196 |
| from the amount the department charges under section 5121.33 of | 39197 |
| the Revised Code if the department determines through the | 39198 |
| application process described in section 5121.36 of the Revised | 39199 |
| Code or through the financial assessment process described in | 39200 |
| section 5121.37 of the Revised Code that the patient, estate, or | 39201 |
| relative is eligible for a discount. | 39202 |
| Sec. 5121.36. (A) A patient, patient's estate, or liable | 39203 |
| relative may apply for a discount by completing an application | 39204 |
| form the director of mental health specifies in rules adopted | 39205 |
| under section 5121.55 of the Revised Code. The department of | 39206 |
| mental health may require a patient, estate, or relative to | 39207 |
| furnish any of the following with an application form: | 39208 |
| (1) A copy of the patient's, estate's, or liable relative's | 39209 |
| federal income tax return for the year preceding the date of | 39210 |
| application or, if that is not yet available, the preceding year; | 39211 |
| (2) A copy of the patient's, estate's, or liable relative's | 39212 |
| employee tax withholding return (form W-2) for the year preceding | 39213 |
| the date of application. | 39214 |
| (B) To be considered, an application must be submitted to the | 39215 |
| department not later than one hundred twenty days after the date | 39216 |
| the patient is admitted to a hospital. | 39217 |
| (C) From the information provided by a patient, estate, or | 39218 |
| relative, the department shall determine whether the department | 39219 |
| will charge the person a discounted amount in accordance with | 39220 |
| sections 5121.40 and 5121.41 of the Revised Code. In making this | 39221 |
| determination, the department shall consider whether the patient | 39222 |
| is covered by an insurance policy or other contract that provides | 39223 |
| for payment of expenses and treatment for mental illness. If the | 39224 |
| department determines that the patient has coverage, the | 39225 |
| department shall require payment in accordance with section | 39226 |
| 5121.43 of the Revised Code. | 39227 |
| (D) The department shall notify the person who submitted the | 39228 |
| application form in writing regarding whether that person will be | 39229 |
| charged a discounted amount and the per diem rate to be charged. | 39230 |
| (E) In accordance with section 5121.42 of the Revised Code, | 39231 |
| the department may, at any time, modify an amount charged or | 39232 |
| change the per diem rate to be charged if the department learns of | 39233 |
| countable assets or income that was not previously disclosed or | 39234 |
| was acquired after the application form was submitted. Within a | 39235 |
| reasonable time, the department shall notify in writing any person | 39236 |
| affected by a modification or change. | 39237 |
| Sec. 5121.37. After a patient's admittance to a hospital, the | 39238 |
| department of mental health shall conduct a financial assessment | 39239 |
| to determine whether the patient, patient's estate, or liable | 39240 |
| relative will be charged an amount discounted from the amount the | 39241 |
| department charges under section 5121.33 of the Revised Code. The | 39242 |
| department shall make the determination in accordance with | 39243 |
| sections 5121.40 and 5121.41 of the Revised Code. | 39244 |
| If a discounted rate is to be charged, the department shall | 39245 |
| notify the person whose financial condition was assessed. The | 39246 |
| notice shall specify the per diem rate to be charged. | 39247 |
| In accordance with section 5121.42 of the Revised Code, the | 39248 |
| department may, at any time, modify an amount charged or change | 39249 |
| the per diem rate to be charged if the department learns of | 39250 |
| countable assets or income that was not previously disclosed or | 39251 |
| was acquired after the assessment was conducted. Within a | 39252 |
| reasonable time, the department shall notify in writing any person | 39253 |
| affected by a modification or change. | 39254 |
| Sec. 5121.38. The department of mental health may subpoena | 39255 |
| witnesses, take testimony under oath, and examine any public | 39256 |
| records relating to the income and other assets of a patient or of | 39257 |
| a relative liable for such patient's support. All information, | 39258 |
| conclusions, and recommendations shall be submitted to the | 39259 |
| department by the investigating agent of the department. | 39260 |
| Sec. 5121.39. The managing officers of the institutions | 39261 |
| under the control of the department of mental health shall submit | 39262 |
| to the department such information as they may obtain concerning | 39263 |
| the financial condition of any patient or relatives liable for the | 39264 |
| patient's support. | 39265 |
| Sec. 5121.40. (A) A patient, patient's estate, or liable | 39266 |
| relative may be eligible to be charged an amount discounted from | 39267 |
| the amount the department of mental health charges under section | 39268 |
| 5121.33 of the Revised Code if the patient, estate, or relative | 39269 |
| has countable assets with a total value that is not greater than | 39270 |
| an amount equal to fifty per cent of the gross annual income that | 39271 |
| corresponds with the family size of the patient, estate, or liable | 39272 |
| relative under the federal poverty guidelines. For purposes of | 39273 |
| determining family size, the patient is one dependent. One | 39274 |
| additional dependent shall be included for each of the following | 39275 |
| circumstances and persons: | 39276 |
| (1) The patient or liable relative is legally blind or deaf; | 39277 |
| (2) The patient or liable relative is of sixty-five years of | 39278 |
| age or older; | 39279 |
| (3) Each child under eighteen years of age for which the | 39280 |
| patient or liable relative is legally responsible for support; | 39281 |
| (4) The patient's or liable relative's spouse. | 39282 |
| (B) A patient, estate, or relative may, not later than one | 39283 |
| hundred twenty days after the patient's admission to a hospital, | 39284 |
| surrender the value of countable assets sufficient to reduce | 39285 |
| countable assets to not more than the limit described in division | 39286 |
| (A) of this section. | 39287 |
| Sec. 5121.41. (A) If the assets of a patient, patient's | 39288 |
| estate, or liable relative do not exceed the countable asset limit | 39289 |
| in section 5121.40 of the Revised Code and the annual income of | 39290 |
| the patient, estate, or relative does not exceed four hundred per | 39291 |
| cent of the federal poverty level, the patient, estate, or | 39292 |
| relative shall be charged an amount discounted from the amount the | 39293 |
| department charges under section 5121.33 of the Revised Code for | 39294 |
| the first thirty days the patient is admitted as an inpatient in a | 39295 |
| hospital. The amount of the discount shall be computed according | 39296 |
| to the following schedule: | 39297 |
| 39298 |
| 39299 |
| Inpatient | 1 - | 176 - | 200 - | 250 - | 300 - | 350 - | 39300 | |||||||
| Days at a | 175 | 199 | 249 | 299 | 349 | 399 | 39301 | |||||||
| Hospital | 39302 |
| 39303 |
| 1 - 14 | 100 | 90 | 70 | 50 | 30 | 10 | 39304 | |
| 15 - 30 | 100 | 95 | 75 | 55 | 35 | 15 | 39305 |
| (B) A patient, estate, or relative who is charged a | 39306 |
| discounted amount for the first thirty days the patient is | 39307 |
| admitted as an inpatient and who has an annual income not greater | 39308 |
| than one hundred seventy-five per cent of the federal poverty | 39309 |
| level shall not be charged for the days the patient is admitted | 39310 |
| beyond the thirtieth day. | 39311 |
| (C) A patient, estate, or relative who is charged a | 39312 |
| discounted amount for the first thirty days the patient is | 39313 |
| admitted as an inpatient and who has an annual income greater than | 39314 |
| one hundred seventy-five per cent of the federal poverty level | 39315 |
| shall be charged an amount equal to the sum of the following for | 39316 |
| the days the patient is admitted beyond the thirtieth day: | 39317 |
| (1) The ancillary per diem rate multiplied by the number of | 39318 |
| days the patient was admitted to the hospital; | 39319 |
| (2) An amount that was previously charged but not paid. | 39320 |
| Sec. 5121.42. (A) Except as provided in division (B) of this | 39321 |
| section, a patient, patient's estate, or liable relative shall | 39322 |
| cease to be eligible for a discount under sections 5121.36 or | 39323 |
| 5121.37 of the Revised Code on accumulation of countable assets in | 39324 |
| excess of an amount equal to fifty per cent of the gross annual | 39325 |
| income that corresponds with the family size of the patient, | 39326 |
| estate, or relative plus one additional dependent under the | 39327 |
| federal poverty guidelines. In making this determination, an | 39328 |
| additional dependent shall be included for each of the following | 39329 |
| circumstances and persons: | 39330 |
| (1) The patient or liable relative is legally blind or deaf; | 39331 |
| (2) The patient or liable relative is over sixty-five years | 39332 |
| of age; | 39333 |
| (3) Each child under eighteen years of age for which the | 39334 |
| patient or liable relative is legally responsible for support; | 39335 |
| (4) The patient's or liable relative's spouse. | 39336 |
| (B) Money needed to meet the patient's needs and burial fund | 39337 |
| as determined by a needs assessment conducted by the department of | 39338 |
| mental health pursuant to rules adopted under section 5119.01 of | 39339 |
| the Revised Code shall be excluded from any determination the | 39340 |
| department makes under division (A) of this section. | 39341 |
| Sec. 5121.43. If a patient is covered by an insurance policy | 39342 |
| or other contract that provides for payment of expenses for care | 39343 |
| and treatment for mental illness at or from an institution, | 39344 |
| state-operated community mental health service, or facility, | 39345 |
| including a hospital or community service unit under the | 39346 |
| jurisdiction of the department of mental health, sections 5121.33 | 39347 |
| to 5121.55 of the Revised Code are inapplicable to the extent that | 39348 |
| the policy or contract is in force. Any insurance carrier or other | 39349 |
| third party payor providing coverage for such care and treatment | 39350 |
| shall pay for the patient's support obligation in amounts equal to | 39351 |
| the lesser of amounts charged by the department under section | 39352 |
| 5121.33 of the Revised Code or the benefits provided under the | 39353 |
| policy or other contract. Whether or not an insured, owner of, or | 39354 |
| other person having an interest in such policy or other contract | 39355 |
| is liable for support payments, the insured, policy owner, or | 39356 |
| other person shall assign payment directly to the department of | 39357 |
| all assignable benefits under the policy or other contract and | 39358 |
| shall pay to the department, within ten days of receipt, all | 39359 |
| insurance or other benefits received as reimbursement or payment | 39360 |
| for expenses incurred by the patient or for any other reason. If | 39361 |
| the insured, policy owner, or other person refuses to assign | 39362 |
| payment to the department or refuses to pay received | 39363 |
| reimbursements or payments to the department within ten days of | 39364 |
| receipt, the total liability of the insured, policy owner, or | 39365 |
| other person for the services equals the sum of the following: | 39366 |
| (A) The amount computed under section 5121.33 of the Revised | 39367 |
| Code; | 39368 |
| (B) The amounts payable under the terms of the policy or | 39369 |
| other contract. | 39370 |
| In no event shall this total liability exceed the | 39371 |
| department's actual cost of providing care and treatment to a | 39372 |
| patient. The department may disqualify patients and liable | 39373 |
| relatives who have retained third party funds for future | 39374 |
| discounts. The department may request that the attorney general | 39375 |
| petition a court of competent jurisdiction to compel the insured, | 39376 |
| owner of, or other person having an interest in the policy or | 39377 |
| contract to comply with the assignment requirements in this | 39378 |
| section. | 39379 |
| Sec. 5121.44. The department of mental health may enter into | 39380 |
| an extended payment agreement with a patient, patient's estate, or | 39381 |
| liable relative who has notified the department that the patient, | 39382 |
| estate, or relative cannot reasonably pay an amount the department | 39383 |
| has charged. In no case shall the department take a security | 39384 |
| interest, mortgage, or lien against the principal family residence | 39385 |
| of a patient or liable relative with a dependent. | 39386 |
| Sec. 5121.45. (A) For purposes of this section, "delinquent | 39387 |
| payment" means an amount owed by a patient, patient's estate, or | 39388 |
| liable relative to the department of mental health for which the | 39389 |
| person has failed to do either of the following not later than | 39390 |
| ninety days after the service associated with the charge was | 39391 |
| incurred: | 39392 |
| (1) Make payment in full; | 39393 |
| (2) Make a payment in accordance with the terms of an | 39394 |
| agreement entered into under section 5121.44 of the Revised Code. | 39395 |
| (B) An action to enforce the collection of a delinquent | 39396 |
| payment shall be commenced not later than six years after the | 39397 |
| later of the following: | 39398 |
| (1) The last date the department received money to satisfy | 39399 |
| the delinquent payment; | 39400 |
| (2) The date the charge was due. | 39401 |
| (C) In all actions to enforce the collection of delinquent | 39402 |
| payments, a court of record shall receive into evidence the proof | 39403 |
| of claim document made by the state together with all debts and | 39404 |
| credits. The proof of claim document shall be prima-facie evidence | 39405 |
| of the facts stated in the document. | 39406 |
| Sec. 5121.46. The department of mental health shall not | 39407 |
| charge a liable relative under sections 5121.33 and 5121.35 of the | 39408 |
| Revised Code who has done either of the following: | 39409 |
| (A) Paid all amounts charged by the department for the care | 39410 |
| and treatment of a particular patient for fifteen consecutive | 39411 |
| years; | 39412 |
| (B) Paid amounts charged by the department for the care and | 39413 |
| treatment of more than one patient for a total of fifteen | 39414 |
| consecutive years. | 39415 |
| Sec. 5121.47. Irrespective of the number of patients for | 39416 |
| which the department of mental health may charge a liable relative | 39417 |
| under sections 5121.33 or 5121.35 of the Revised Code, the | 39418 |
| department shall not charge a liable relative or group of liable | 39419 |
| relatives who are members of the same family unit for the support | 39420 |
| of more than one patient during the same period of time. | 39421 |
| Sec. 5121.49. (A) Any person who has been charged under | 39422 |
| section 5121.33 or 5121.35 of the Revised Code may petition the | 39423 |
| department of mental health to do the following: | 39424 |
| (1) Release the person from a charge; | 39425 |
| (2) Modify or cancel a charge. | 39426 |
| (B) The department shall respond to a petition in writing and | 39427 |
| inform the petitioner of whether a release, modification, or | 39428 |
| cancellation has been approved. | 39429 |
| Sec. 5121.50. When a patient is committed to a hospital | 39430 |
| pursuant to judicial proceedings, the judge ordering the | 39431 |
| commitment shall: | 39432 |
| (A) Make a reliable report on the financial condition of the | 39433 |
| patient and of each liable relative, as provided in rules adopted | 39434 |
| by the director of mental health; | 39435 |
| (B) Certify the report required under division (A) of this | 39436 |
| section to the managing officer of the hospital. The managing | 39437 |
| officer shall thereupon enter in the managing officer's records | 39438 |
| the name and address of any guardian appointed and of any relative | 39439 |
| liable for the patient's support. | 39440 |
| Sec. 5121.51. In case the estate of any patient in a | 39441 |
| hospital is sufficient for the patient's support, without hardship | 39442 |
| to any others who may be dependent thereon, and no guardian has | 39443 |
| been appointed for such estate, the agent of the department of | 39444 |
| mental health shall petition the probate court of the proper | 39445 |
| county to appoint a guardian. | 39446 |
| Sec. 5121.52. On the death of a person who is a patient, or | 39447 |
| has been a patient in a hospital, or on the death of a person | 39448 |
| responsible under section 5121.34 of the Revised Code for the | 39449 |
| support of a patient, the department of mental health may waive | 39450 |
| the presentation of any claim for support against the estate of | 39451 |
| such decedent, when in its judgment an otherwise dependent person | 39452 |
| will be directly benefited by the estate. Claims against an estate | 39453 |
| for support of a patient are subject to section 1339.51 and | 39454 |
| Chapter 2117. of the Revised Code, and shall be treated, and may | 39455 |
| be barred, the same as the claims of other creditors of the | 39456 |
| estate, pursuant to that section or chapter. | 39457 |
| The department of mental health may accept from a guardian or | 39458 |
| trustee of a patient a contract agreeing to pay to the state from | 39459 |
| the property of the guardian's or trustee's ward before or at the | 39460 |
| death of the ward a fixed annual amount for the support of the | 39461 |
| ward while the ward is a patient, with interest at four per cent | 39462 |
| per annum. A copy of the contract shall be filed in the probate | 39463 |
| court of the proper county and duly entered as a part of the | 39464 |
| records concerning the ward. | 39465 |
| Sec. 5121.53. The state shall bear the expense of the burial | 39466 |
| or cremation of an indigent patient who dies in a hospital if the | 39467 |
| body is not claimed for interment or cremation at the expense of | 39468 |
| friends or relatives, or is not delivered for anatomical purposes | 39469 |
| or for the study of embalming in accordance with section 1713.34 | 39470 |
| of the Revised Code. The managing officer of the hospital shall | 39471 |
| provide at the grave of the patient or, if the patient's cremated | 39472 |
| remains are buried, at the grave of the patient's cremated | 39473 |
| remains, a metal, stone, or concrete marker on which shall be | 39474 |
| inscribed the name and age of the patient and the date of death. | 39475 |
| Sec. 5121.54. (A) If payment of any amount due the state | 39476 |
| under the provisions of this chapter is made on account of a | 39477 |
| patient by any liable relative, as defined in section 5121.30 of | 39478 |
| the Revised Code, the relative may recover the following amounts | 39479 |
| from the following persons; provided, that in no event may a | 39480 |
| relative recover in total more than the relative has paid the | 39481 |
| state, and provided, that in no event is the person from whom | 39482 |
| recovery is sought obliged to pay at a rate of support higher than | 39483 |
| the person would have paid had the state proceeded directly | 39484 |
| against that person: | 39485 |
| (1) A liable relative may recover from the patient, the | 39486 |
| patient's guardian, or from the executor or administrator of the | 39487 |
| patient's estate, the full amount of payment made by the liable | 39488 |
| relative. | 39489 |
| (2) A parent may recover from the patient's or resident's | 39490 |
| spouse the full amount of payment made by the parent for | 39491 |
| hospitalization that occurred during the marriage. | 39492 |
| Sec. 5121.55. The director of mental health shall adopt rules | 39493 |
| in accordance with Chapter 119. of the Revised Code regarding the | 39494 |
| application form a person must use to apply for a discount as | 39495 |
| described in section 5121.36 of the Revised Code. | 39496 |
| Sec. 5122.03. A patient admitted under section 5122.02 of | 39497 |
|
the Revised Code who requests | 39498 |
|
release is requested in writing by | 39499 |
| legal guardian, parent, spouse, or adult next of kin shall be | 39500 |
| released forthwith, except that when: | 39501 |
| (A) The patient was admitted on | 39502 |
| application and the request for release is made by a person other | 39503 |
| than the patient, release may be conditional upon the agreement of | 39504 |
| the patient; or | 39505 |
| (B) The chief clinical officer of the hospital, within three | 39506 |
| court days from the receipt of the request for release, files or | 39507 |
| causes to be filed with the court of the county where the patient | 39508 |
| is hospitalized or of the county where the patient is a resident, | 39509 |
| an affidavit under section 5122.11 of the Revised Code. Release | 39510 |
| may be postponed until the hearing held under section 5122.141 of | 39511 |
| the Revised Code. A telephone communication within three court | 39512 |
| days from the receipt of the request for release from the chief | 39513 |
| clinical officer to the court, indicating that the required | 39514 |
| affidavit has been mailed, is sufficient compliance with the time | 39515 |
| limit for filing such affidavit. | 39516 |
| Unless the patient is released within three days from the | 39517 |
| receipt of the request by the chief clinical officer, the request | 39518 |
| shall serve as a request for an initial hearing under section | 39519 |
| 5122.141 of the Revised Code. If the court finds that the patient | 39520 |
| is a mentally ill person subject to hospitalization by court | 39521 |
| order, all provisions of this chapter with respect to involuntary | 39522 |
| hospitalization apply to such person. | 39523 |
| Judicial proceedings for hospitalization shall not be | 39524 |
| commenced with respect to a voluntary patient except pursuant to | 39525 |
| this section. | 39526 |
| Sections | 39527 |
| Code apply to persons received in a hospital operated by the | 39528 |
| department of mental health on a voluntary application. | 39529 |
| The chief clinical officer of the hospital shall provide | 39530 |
| reasonable means and arrangements for informing patients of their | 39531 |
| rights to release as provided in this section and for assisting | 39532 |
| them in making and presenting requests for release or for a | 39533 |
| hearing under section 5122.141 of the Revised Code. | 39534 |
| Before a patient is released from a public hospital, the | 39535 |
| chief clinical officer shall, when possible, notify the board of | 39536 |
| the patient's county of residence of the patient's pending release | 39537 |
| after | 39538 |
| the board will be so notified. | 39539 |
| Sec. 5122.31. (A) All certificates, applications, records, | 39540 |
| and reports made for the purpose of this chapter and sections | 39541 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 39542 |
| Code, other than court journal entries or court docket entries, | 39543 |
| and directly or indirectly identifying a patient or former patient | 39544 |
| or person whose hospitalization has been sought under this | 39545 |
| chapter, shall be kept confidential and shall not be disclosed by | 39546 |
| any person except: | 39547 |
| | 39548 |
| guardian, if any, or if the person is a minor, the person's parent | 39549 |
| or legal guardian, consents, and if the disclosure is in the best | 39550 |
| interests of the person, as may be determined by the court for | 39551 |
| judicial records and by the chief clinical officer for medical | 39552 |
| records; | 39553 |
| | 39554 |
| section 5123.60 of the Revised Code; | 39555 |
| | 39556 |
| mental health services, and community mental health agencies may | 39557 |
| release necessary medical information to insurers and other | 39558 |
| third-party payers, including government entities responsible for | 39559 |
| processing and authorizing payment, to obtain payment for goods | 39560 |
| and services furnished to the patient; | 39561 |
| | 39562 |
| | 39563 |
| patient's own psychiatric and medical records, unless access | 39564 |
| specifically is restricted in a patient's treatment plan for clear | 39565 |
| treatment reasons; | 39566 |
| | 39567 |
| within the department of mental health may exchange psychiatric | 39568 |
| records and other pertinent information with other hospitals, | 39569 |
| institutions, and facilities of the department, and with community | 39570 |
| mental health agencies and boards of alcohol, drug addiction, and | 39571 |
| mental health services with which the department has a current | 39572 |
| agreement for patient care or services. Records and information | 39573 |
| that may be released pursuant to this division shall be limited to | 39574 |
| medication history, physical health status and history, financial | 39575 |
| status, summary of course of treatment in the hospital, summary of | 39576 |
| treatment needs, and a discharge summary, if any. | 39577 |
| | 39578 |
| provision, planning, and monitoring of services to the patient may | 39579 |
| receive medication information, a summary of the patient's | 39580 |
| diagnosis and prognosis, and a list of the services and personnel | 39581 |
| available to assist the patient and the patient's family, if the | 39582 |
| patient's treating physician determines that the disclosure would | 39583 |
| be in the best interests of the patient. No such disclosure shall | 39584 |
| be made unless the patient is notified first and receives the | 39585 |
| information and does not object to the disclosure. | 39586 |
| | 39587 |
| psychiatric records and certain other information with the board | 39588 |
| of alcohol, drug addiction, and mental health services and other | 39589 |
| agencies in order to provide services to a person involuntarily | 39590 |
| committed to a board. Release of records under this division shall | 39591 |
| be limited to medication history, physical health status and | 39592 |
| history, financial status, summary of course of treatment, summary | 39593 |
| of treatment needs, and discharge summary, if any. | 39594 |
| | 39595 |
| the administrator of an estate of a deceased patient when the | 39596 |
| information is necessary to administer the estate; | 39597 |
| | 39598 |
| society may be released to the closest living relative of a | 39599 |
| deceased patient upon request of that relative; | 39600 |
| | 39601 |
| the appropriate board or to staff members designated by the | 39602 |
| director of mental health for the purpose of evaluating the | 39603 |
| quality, effectiveness, and efficiency of services and determining | 39604 |
| if the services meet minimum standards. Information obtained | 39605 |
| during such evaluations shall not be retained with the name of any | 39606 |
| patient. | 39607 |
| | 39608 |
| course of treatment, treatment needs, and prognosis shall be | 39609 |
| disclosed and released to the appropriate prosecuting attorney if | 39610 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 39611 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 39612 |
| attorney designated by the board for proceedings pursuant to | 39613 |
| involuntary commitment under this chapter. | 39614 |
| | 39615 |
| psychiatric hospitalization records, other mental health treatment | 39616 |
| records, and other pertinent information with the department of | 39617 |
| rehabilitation and correction to ensure continuity of care for | 39618 |
| inmates who are receiving mental health services in an institution | 39619 |
| of the department of rehabilitation and correction. The department | 39620 |
| shall not disclose those records unless the inmate is notified, | 39621 |
| receives the information, and does not object to the disclosure. | 39622 |
| The release of records under this division is limited to records | 39623 |
| regarding an inmate's medication history, physical health status | 39624 |
| and history, summary of course of treatment, summary of treatment | 39625 |
| needs, and a discharge summary, if any. | 39626 |
| | 39627 |
| operate may transfer to either a community mental health agency | 39628 |
| that assumes its caseload or to the board of alcohol, drug | 39629 |
| addiction, and mental health services of the service district in | 39630 |
| which the patient resided at the time services were most recently | 39631 |
| provided any treatment records that have not been transferred | 39632 |
| elsewhere at the patient's request. | 39633 |
| | 39634 |
| 39635 | |
| the records shall attempt to obtain the patient's consent for the | 39636 |
| disclosure. No person shall reveal the contents of a medical | 39637 |
| record of a patient except as authorized by law. | 39638 |
| (C) The managing officer of a hospital who releases necessary | 39639 |
| medical information under division (A)(3) of this section to allow | 39640 |
| an insurance carrier or other third party payor to comply with | 39641 |
| section 5121.43 of the Revised Code shall neither be subject to | 39642 |
| criminal nor civil liability. | 39643 |
| Sec. 5123.01. As used in this chapter: | 39644 |
| (A) "Chief medical officer" means the licensed physician | 39645 |
| appointed by the managing officer of an institution for the | 39646 |
| mentally retarded with the approval of the director of mental | 39647 |
| retardation and developmental disabilities to provide medical | 39648 |
| treatment for residents of the institution. | 39649 |
| (B) "Chief program director" means a person with special | 39650 |
| training and experience in the diagnosis and management of the | 39651 |
| mentally retarded, certified according to division (C) of this | 39652 |
| section in at least one of the designated fields, and appointed by | 39653 |
| the managing officer of an institution for the mentally retarded | 39654 |
| with the approval of the director to provide habilitation and care | 39655 |
| for residents of the institution. | 39656 |
| (C) "Comprehensive evaluation" means a study, including a | 39657 |
| sequence of observations and examinations, of a person leading to | 39658 |
| conclusions and recommendations formulated jointly, with | 39659 |
| dissenting opinions if any, by a group of persons with special | 39660 |
| training and experience in the diagnosis and management of persons | 39661 |
| with mental retardation or a developmental disability, which group | 39662 |
| shall include individuals who are professionally qualified in the | 39663 |
| fields of medicine, psychology, and social work, together with | 39664 |
| such other specialists as the individual case may require. | 39665 |
| (D) "Education" means the process of formal training and | 39666 |
| instruction to facilitate the intellectual and emotional | 39667 |
| development of residents. | 39668 |
| (E) "Habilitation" means the process by which the staff of | 39669 |
| the institution assists the resident in acquiring and maintaining | 39670 |
| those life skills that enable the resident to cope more | 39671 |
| effectively with the demands of the resident's own person and of | 39672 |
| the resident's environment and in raising the level of the | 39673 |
| resident's physical, mental, social, and vocational efficiency. | 39674 |
| Habilitation includes but is not limited to programs of formal, | 39675 |
| structured education and training. | 39676 |
| (F)
| 39677 |
| 39678 | |
| 39679 | |
| 39680 | |
| 39681 |
| | 39682 |
| public health nurse, or other person authorized or designated by a | 39683 |
| city or general health district. | 39684 |
| | 39685 |
| medicaid-funded home and community-based services specified in | 39686 |
| division (B)(1) of section 5111.87 of the Revised Code provided | 39687 |
| under the medicaid waiver components the department of mental | 39688 |
| retardation and developmental disabilities administers pursuant to | 39689 |
| section 5111.871 of the Revised Code. | 39690 |
| | 39691 |
| without substantial financial hardship, to provide for the payment | 39692 |
| of an attorney and for other necessary expenses of legal | 39693 |
| representation, including expert testimony. | 39694 |
| | 39695 |
| part of a public or private facility, that is licensed by the | 39696 |
| appropriate state department and is equipped to provide | 39697 |
| residential habilitation, care, and treatment for the mentally | 39698 |
| retarded. | 39699 |
| | 39700 |
| certificate issued under Chapter 4731. of the Revised Code | 39701 |
| authorizing the person to practice medicine and surgery or | 39702 |
| osteopathic medicine and surgery, or a medical officer of the | 39703 |
| government of the United States while in the performance of the | 39704 |
| officer's official duties. | 39705 |
| | 39706 |
| the director of mental retardation and developmental disabilities | 39707 |
| to be in executive control of an institution for the mentally | 39708 |
| retarded under the jurisdiction of the department. | 39709 |
| | 39710 |
| of the Revised Code. | 39711 |
| | 39712 |
| management services provided to an individual with mental | 39713 |
| retardation or other developmental disability that the state | 39714 |
| medicaid plan requires. | 39715 |
| | 39716 |
| significantly subaverage general intellectual functioning existing | 39717 |
| concurrently with deficiencies in adaptive behavior, manifested | 39718 |
| during the developmental period. | 39719 |
| | 39720 |
| institutionalization by court order" means a person eighteen years | 39721 |
| of age or older who is at least moderately mentally retarded and | 39722 |
| in relation to whom, because of the person's retardation, either | 39723 |
| of the following conditions exist: | 39724 |
| (1) The person represents a very substantial risk of physical | 39725 |
| impairment or injury to self as manifested by evidence that the | 39726 |
| person is unable to provide for and is not providing for the | 39727 |
| person's most basic physical needs and that provision for those | 39728 |
| needs is not available in the community; | 39729 |
| (2) The person needs and is susceptible to significant | 39730 |
| habilitation in an institution. | 39731 |
| | 39732 |
| retarded" means a person who is found, following a comprehensive | 39733 |
| evaluation, to be impaired in adaptive behavior to a moderate | 39734 |
| degree and to be functioning at the moderate level of intellectual | 39735 |
| functioning in accordance with standard measurements as recorded | 39736 |
| in the most current revision of the manual of terminology and | 39737 |
| classification in mental retardation published by the American | 39738 |
| association on mental retardation. | 39739 |
| | 39740 |
| limitation," "developmental delay," and "established risk" have | 39741 |
| the meanings established pursuant to section 5123.011 of the | 39742 |
| Revised Code. | 39743 |
| "Developmental disability" means a severe, chronic disability | 39744 |
| that is characterized by all of the following: | 39745 |
| (1) It is attributable to a mental or physical impairment or | 39746 |
| a combination of mental and physical impairments, other than a | 39747 |
| mental or physical impairment solely caused by mental illness as | 39748 |
| defined in division (A) of section 5122.01 of the Revised Code. | 39749 |
| (2) It is manifested before age twenty-two. | 39750 |
| (3) It is likely to continue indefinitely. | 39751 |
| (4) It results in one of the following: | 39752 |
| (a) In the case of a person under three years of age, at | 39753 |
| least one developmental delay or an established risk; | 39754 |
| (b) In the case of a person at least three years of age but | 39755 |
| under six years of age, at least two developmental delays or an | 39756 |
| established risk; | 39757 |
| (c) In the case of a person six years of age or older, a | 39758 |
| substantial functional limitation in at least three of the | 39759 |
| following areas of major life activity, as appropriate for the | 39760 |
| person's age: self-care, receptive and expressive language, | 39761 |
| learning, mobility, self-direction, capacity for independent | 39762 |
| living, and, if the person is at least sixteen years of age, | 39763 |
| capacity for economic self-sufficiency. | 39764 |
| (5) It causes the person to need a combination and sequence | 39765 |
| of special, interdisciplinary, or other type of care, treatment, | 39766 |
| or provision of services for an extended period of time that is | 39767 |
| individually planned and coordinated for the person. | 39768 |
| | 39769 |
| a developmental disability. | 39770 |
| | 39771 |
| tax-supported and under the jurisdiction of the department. | 39772 |
| | 39773 |
| meaning as "legal settlement," which is acquired by residing in | 39774 |
| Ohio for a period of one year without receiving general assistance | 39775 |
| prior to July 17, 1995, under former Chapter 5113. of the Revised | 39776 |
| Code, financial assistance under Chapter 5115. of the Revised | 39777 |
| Code, or assistance from a private agency that maintains records | 39778 |
| of assistance given. A person having a legal settlement in the | 39779 |
| state shall be considered as having legal settlement in the | 39780 |
| assistance area in which the person resides. No adult person | 39781 |
| coming into this state and having a spouse or minor children | 39782 |
| residing in another state shall obtain a legal settlement in this | 39783 |
| state as long as the spouse or minor children are receiving public | 39784 |
| assistance, care, or support at the expense of the other state or | 39785 |
| its subdivisions. For the purpose of determining the legal | 39786 |
| settlement of a person who is living in a public or private | 39787 |
| institution or in a home subject to licensing by the department of | 39788 |
| job and family services, the department of mental health, or the | 39789 |
| department of mental retardation and developmental disabilities, | 39790 |
| the residence of the person shall be considered as though the | 39791 |
| person were residing in the county in which the person was living | 39792 |
| prior to the person's entrance into the institution or home. | 39793 |
| Settlement once acquired shall continue until a person has been | 39794 |
| continuously absent from Ohio for a period of one year or has | 39795 |
| acquired a legal residence in another state. A woman who marries a | 39796 |
| man with legal settlement in any county immediately acquires the | 39797 |
| settlement of her husband. The legal settlement of a minor is that | 39798 |
| of the parents, surviving parent, sole parent, parent who is | 39799 |
| designated the residential parent and legal custodian by a court, | 39800 |
| other adult having permanent custody awarded by a court, or | 39801 |
| guardian of the person of the minor, provided that: | 39802 |
| (1) A minor female who marries shall be considered to have | 39803 |
| the legal settlement of her husband and, in the case of death of | 39804 |
| her husband or divorce, she shall not thereby lose her legal | 39805 |
| settlement obtained by the marriage. | 39806 |
| (2) A minor male who marries, establishes a home, and who has | 39807 |
| resided in this state for one year without receiving general | 39808 |
| assistance prior to July 17, 1995, under former Chapter 5113. of | 39809 |
| the Revised Code, financial assistance under Chapter 5115. of the | 39810 |
| Revised Code, or assistance from a private agency that maintains | 39811 |
| records of assistance given shall be considered to have obtained a | 39812 |
| legal settlement in this state. | 39813 |
| (3) The legal settlement of a child under eighteen years of | 39814 |
| age who is in the care or custody of a public or private child | 39815 |
| caring agency shall not change if the legal settlement of the | 39816 |
| parent changes until after the child has been in the home of the | 39817 |
| parent for a period of one year. | 39818 |
| No person, adult or minor, may establish a legal settlement | 39819 |
| in this state for the purpose of gaining admission to any state | 39820 |
| institution. | 39821 |
| | 39822 |
| this section, a person who is admitted either voluntarily or | 39823 |
| involuntarily to an institution or other facility pursuant to | 39824 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 39825 |
| Code subsequent to a finding of not guilty by reason of insanity | 39826 |
| or incompetence to stand trial or under this chapter who is under | 39827 |
| observation or receiving habilitation and care in an institution. | 39828 |
| (2) "Resident" does not include a person admitted to an | 39829 |
| institution or other facility under section 2945.39, 2945.40, | 39830 |
| 2945.401, or 2945.402 of the Revised Code to the extent that the | 39831 |
| reference in this chapter to resident, or the context in which the | 39832 |
| reference occurs, is in conflict with any provision of sections | 39833 |
| 2945.37 to 2945.402 of the Revised Code. | 39834 |
| | 39835 |
| commitment, or continued commitment is being sought in any | 39836 |
| proceeding under this chapter. | 39837 |
| | 39838 |
| Wednesday, Thursday, and Friday, except when such day is a legal | 39839 |
| holiday. | 39840 |
| | 39841 |
| solicitor, city director of law, or similar chief legal officer | 39842 |
| who prosecuted a criminal case in which a person was found not | 39843 |
| guilty by reason of insanity, who would have had the authority to | 39844 |
| prosecute a criminal case against a person if the person had not | 39845 |
| been found incompetent to stand trial, or who prosecuted a case in | 39846 |
| which a person was found guilty. | 39847 |
| | 39848 |
| common pleas. | 39849 |
| Sec. 5123.046. The department of mental retardation and | 39850 |
| developmental disabilities shall review each component of the | 39851 |
| three-calendar year plan it receives from a county board of mental | 39852 |
| retardation and developmental disabilities under section 5126.054 | 39853 |
| of the Revised Code and, in consultation with the department of | 39854 |
| job and family services and office of budget and management, | 39855 |
| approve each component that includes all the information and | 39856 |
| conditions specified in that section. The fourth component of the | 39857 |
| plan shall be approved or disapproved not later than forty-five | 39858 |
| days after the fourth component is submitted to the department | 39859 |
| under division (B)(3) of section 5126.054 of the Revised Code. If | 39860 |
| the department approves all four components of the plan, the plan | 39861 |
| is approved. Otherwise, the plan is disapproved. If the plan is | 39862 |
| disapproved, the department shall take action against the county | 39863 |
| board under division (B) of section 5126.056 of the Revised Code. | 39864 |
| In approving plans under this section, the department shall | 39865 |
| ensure that the aggregate of all plans provide for the increased | 39866 |
| enrollment into home and community-based services during each | 39867 |
| state fiscal year of at least five hundred individuals who did not | 39868 |
| receive residential services, supported living, or home and | 39869 |
| community-based services the prior state fiscal year if the | 39870 |
| department has enough additional enrollment available for this | 39871 |
| purpose. | 39872 |
| The department shall establish protocols that the department | 39873 |
| shall use to determine whether a county board is complying with | 39874 |
| the programmatic and financial accountability mechanisms and | 39875 |
| achieving outcomes specified in its approved plan. If the | 39876 |
| department determines that a county board is not in compliance | 39877 |
| with the mechanisms or achieving the outcomes specified in its | 39878 |
| approved plan, the department may take action under division | 39879 |
| 39880 |
| Sec. 5123.047. (A) | 39881 |
| 39882 | |
| 39883 | |
| 39884 | |
| 39885 | |
| 39886 | |
| 39887 |
| | 39888 |
| disabilities shall pay the nonfederal share of medicaid | 39889 |
| expenditures for medicaid case management services if
| 39890 |
| 39891 |
| | 39892 |
| mental retardation or other developmental disability who a county | 39893 |
| board of mental retardation and developmental disabilities has | 39894 |
| determined under section 5126.041 of the Revised Code is not | 39895 |
|
eligible for county board services | 39896 |
| | 39897 |
| 39898 | |
| 39899 | |
| 39900 | |
| 39901 |
| | 39902 |
| medicaid expenditures for home and community-based services if | 39903 |
| either of the following apply: | 39904 |
| (1) The services are provided to an individual with mental | 39905 |
| retardation or other developmental disability who a county board | 39906 |
| has determined under section 5126.041 of the Revised Code is not | 39907 |
| eligible for county board services; | 39908 |
| (2) The services are provided to an individual with mental | 39909 |
| retardation or other developmental disability given priority for | 39910 |
| the services pursuant to division (D)(3) of section 5126.042 of | 39911 |
| the Revised Code. The department shall pay the nonfederal share of | 39912 |
| medicaid expenditures for home and community-based services | 39913 |
| provided to such an individual for as long as the individual | 39914 |
| continues to be eligible for and receive the services, regardless | 39915 |
| of whether the services are provided after June 30, 2003. | 39916 |
| Sec. 5123.049. The director of mental retardation and | 39917 |
| developmental disabilities shall adopt rules in accordance with | 39918 |
| Chapter 119. of the Revised Code governing the authorization and | 39919 |
|
payment of home and community-based services | 39920 |
|
management services | 39921 |
| shall provide for private providers of the services to receive one | 39922 |
| hundred per cent of the medicaid allowable payment amount and for | 39923 |
| government providers of the services to receive the federal share | 39924 |
| of the medicaid allowable payment, less the amount withheld as a | 39925 |
| fee under section 5123.0412 of the Revised Code and any amount | 39926 |
| that may be required by rules adopted under section 5123.0413 of | 39927 |
| the Revised Code to be deposited into the state MR/DD risk fund. | 39928 |
| The rules shall establish the process by which county boards of | 39929 |
| mental retardation and developmental disabilities shall certify | 39930 |
| and provide the nonfederal share of medicaid expenditures that the | 39931 |
| county board is required by division (A) of section 5126.057 of | 39932 |
| the Revised Code to pay. The process shall require a county board | 39933 |
| to certify that the county board has funding available at one time | 39934 |
| for two months costs for those expenditures. The process may | 39935 |
| permit a county board to certify that the county board has funding | 39936 |
| available at one time for more than two months costs for those | 39937 |
| expenditures. | 39938 |
| Sec. 5123.0412. (A) The department of mental retardation and | 39939 |
| developmental disabilities shall charge each county board of | 39940 |
| mental retardation and developmental disabilities an annual fee | 39941 |
| equal to one and one-half per cent of the total value of all | 39942 |
| medicaid paid claims for medicaid case management services and | 39943 |
| home and
community-based services | 39944 |
| 39945 | |
| individual eligible for services from the county board. No county | 39946 |
| board shall pass the cost of a fee charged to the county board | 39947 |
| under this section on to | 39948 |
| 39949 | |
| these services. | 39950 |
| (B) The fees collected under this section shall be deposited | 39951 |
| into the ODMR/DD administration and oversight fund and the ODJFS | 39952 |
| administration and oversight fund, both of which are hereby | 39953 |
| created in the state treasury. The portion of the fees to be | 39954 |
| deposited into the ODMR/DD administration and oversight fund and | 39955 |
| the portion of the fees to be deposited into the ODJFS | 39956 |
| administration and oversight fund shall be the portion specified | 39957 |
| in an interagency agreement entered into under division (C) of | 39958 |
| this section. The department of mental retardation and | 39959 |
| developmental disabilities shall use the money in the ODMR/DD | 39960 |
| administration and oversight fund and the department of job and | 39961 |
| family services shall use the money in the ODJFS administration | 39962 |
| and oversight fund for both of the following purposes: | 39963 |
| (1) The administrative and oversight costs of | 39964 |
| 39965 | |
|
community-based services | 39966 |
| 39967 | |
| 39968 | |
| oversight costs shall include costs for staff, systems, and other | 39969 |
| resources the departments need and dedicate solely to the | 39970 |
| following duties associated with the services: | 39971 |
| (a) Eligibility determinations; | 39972 |
| (b) Training; | 39973 |
| (c) Fiscal management; | 39974 |
| (d) Claims processing; | 39975 |
| (e) Quality assurance oversight; | 39976 |
| (f) Other duties the departments identify. | 39977 |
| (2) Providing technical support to county boards' local | 39978 |
| administrative authority under section 5126.055 of the Revised | 39979 |
| Code for the services. | 39980 |
| (C) The departments of mental retardation and developmental | 39981 |
| disabilities and job and family services shall enter into an | 39982 |
| interagency agreement to do both of the following: | 39983 |
| (1) Specify which portion of the fees collected under this | 39984 |
| section is to be deposited into the ODMR/DD administration and | 39985 |
| oversight fund and which portion is to be deposited into the ODJFS | 39986 |
| administration and oversight fund; | 39987 |
| (2) Provide for the departments to coordinate the staff whose | 39988 |
| costs are paid for with money in the ODMR/DD administration and | 39989 |
| oversight fund and the ODJFS administration and oversight fund. | 39990 |
| (D) The departments shall submit an annual report to the | 39991 |
| director of budget and management certifying how the departments | 39992 |
| spent the money in the ODMR/DD administration and oversight fund | 39993 |
| and the ODJFS administration and oversight fund for the purposes | 39994 |
| specified in division (B) of this section. | 39995 |
| Sec. 5123.34. This chapter attempts to do all of the | 39996 |
| following: | 39997 |
| (A) Provide humane and scientific treatment and care and the | 39998 |
| highest attainable degree of individual development for persons | 39999 |
| with mental retardation or a developmental disability; | 40000 |
| (B) Promote the study of the causes of mental retardation and | 40001 |
| developmental disabilities, with a view to ultimate prevention; | 40002 |
| (C) Secure by uniform and systematic management the highest | 40003 |
| attainable degree of economy in the administration of the | 40004 |
| institutions under the control of the department of mental | 40005 |
| retardation and developmental disabilities. | 40006 |
| Sections 5123.02 to 5123.04, | 40007 |
| 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised | 40008 |
| Code shall be liberally construed to attain these purposes. | 40009 |
| Sec. 5123.701. (A) Except as provided in division (E) of | 40010 |
| this section, any person in the community who is eighteen years of | 40011 |
| age or older and who is or believes self to be mentally retarded | 40012 |
| may make written application to the managing officer of any | 40013 |
| institution for temporary admission for short-term care. The | 40014 |
| application may be made on behalf of a minor by a parent or | 40015 |
| guardian, and on behalf of an adult adjudicated mentally | 40016 |
| incompetent by a guardian. | 40017 |
| (B) For purposes of this section, short-term care shall be | 40018 |
| defined to mean appropriate services provided to a person with | 40019 |
| mental retardation for no more than fourteen consecutive days and | 40020 |
| for no more than forty-two days in a fiscal year. When | 40021 |
| circumstances warrant, the fourteen-day period may be extended at | 40022 |
| the discretion of the managing officer. Short-term care is | 40023 |
| provided in a developmental center to meet the family's or | 40024 |
| caretaker's needs for separation from the person with mental | 40025 |
| retardation. | 40026 |
| (C) The managing officer of an institution, with the | 40027 |
| concurrence of the chief program director, may admit a person for | 40028 |
| short-term care only after a medical examination has been made of | 40029 |
| the person and only if the managing officer concludes that the | 40030 |
| person is mentally retarded. | 40031 |
| (D) If application for admission for short-term care of a | 40032 |
| minor or of a person adjudicated mentally incompetent is made by | 40033 |
| the minor's parent or guardian or by the incompetent's guardian | 40034 |
| and the minor or incompetent is admitted, the probate division of | 40035 |
| the court of common pleas shall determine, upon petition by the | 40036 |
| legal rights service, whether the admission for short-term care is | 40037 |
| in the best interest of the minor or the incompetent. | 40038 |
| (E) A person who is found not guilty by reason of insanity | 40039 |
| shall not admit self to an institution for short-term care unless | 40040 |
| a hearing was held regarding the person pursuant to division (A) | 40041 |
| of section 2945.40 of the Revised Code and either of the following | 40042 |
| applies: | 40043 |
| (1) The person was found at the hearing not to be a mentally | 40044 |
| retarded person subject to institutionalization by court order; | 40045 |
| (2) The person was found at the hearing to be a mentally | 40046 |
| retarded person subject to institutionalization by court order, | 40047 |
| was involuntarily committed, and was finally discharged. | 40048 |
| (F) The mentally retarded person, liable relatives, and | 40049 |
| guardians of mentally retarded persons admitted for respite care | 40050 |
|
shall pay support charges in accordance with sections | 40051 |
| 5121.01 to 5121.07 of the Revised Code. | 40052 |
| (G) At the conclusion of each period of short-term care, the | 40053 |
| person shall return to the person's family or caretaker. Under no | 40054 |
| circumstances shall a person admitted for short-term care | 40055 |
| according to this section remain in the institution after the | 40056 |
| period of short-term care unless the person is admitted according | 40057 |
| to section 5123.70, sections 5123.71 to 5123.76, or section | 40058 |
| 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 40059 |
| Code. | 40060 |
| Sec. 5123.71. (A)(1) Proceedings for the involuntary | 40061 |
| institutionalization of a person pursuant to sections 5123.71 to | 40062 |
| 5123.76 of the Revised Code shall be commenced by the filing of an | 40063 |
| affidavit with the probate division of the court of common pleas | 40064 |
| of the county where the person resides or where the person is | 40065 |
| institutionalized, in the manner and form prescribed by the | 40066 |
| department of mental retardation and developmental disabilities | 40067 |
| either on information or actual knowledge, whichever is determined | 40068 |
| to be proper by the court. The affidavit may be filed only by a | 40069 |
| person who has custody of the individual as a parent, guardian, or | 40070 |
| service provider or by a person acting on behalf of the department | 40071 |
| or a county board of mental retardation and developmental | 40072 |
| disabilities. This section does not apply regarding the | 40073 |
| institutionalization of a person pursuant to section 2945.39, | 40074 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code. | 40075 |
| The affidavit shall contain an allegation setting forth the | 40076 |
|
specific category or categories under division
| 40077 |
| 5123.01 of the Revised Code upon which the commencement of | 40078 |
| proceedings is based and a statement of the factual ground for the | 40079 |
| belief that the person is a mentally retarded person subject to | 40080 |
| institutionalization by court order. Except as provided in | 40081 |
| division (A)(2) of this section, the affidavit shall be | 40082 |
| accompanied by both of the following: | 40083 |
| (a) A comprehensive evaluation report prepared by the | 40084 |
| person's evaluation team that includes a statement by the members | 40085 |
| of the team certifying that they have performed a comprehensive | 40086 |
| evaluation of the person and that they are of the opinion that the | 40087 |
| person is a mentally retarded person subject to | 40088 |
| institutionalization by court order; | 40089 |
| (b) An assessment report prepared by the county board of | 40090 |
| mental retardation and developmental disabilities under section | 40091 |
| 5123.711 of the Revised Code specifying that the individual is in | 40092 |
| need of services on an emergency or priority basis. | 40093 |
| (2) In lieu of the comprehensive evaluation report, the | 40094 |
| affidavit may be accompanied by a written and sworn statement that | 40095 |
| the person or the guardian of a person adjudicated incompetent has | 40096 |
| refused to allow a comprehensive evaluation and county board | 40097 |
| assessment and assessment reports. Immediately after accepting an | 40098 |
| affidavit that is not accompanied by the reports of a | 40099 |
| comprehensive evaluation and county board assessment, the court | 40100 |
| shall cause a comprehensive evaluation and county board assessment | 40101 |
| of the person named in the affidavit to be performed. The | 40102 |
| evaluation shall be conducted in the least restrictive environment | 40103 |
| possible and the assessment shall be conducted in the same manner | 40104 |
| as assessments conducted under section 5123.711 of the Revised | 40105 |
| Code. The evaluation and assessment must be completed before a | 40106 |
| probable cause hearing or full hearing may be held under section | 40107 |
| 5123.75 or 5123.76 of the Revised Code. | 40108 |
| A written report of the evaluation team's findings and the | 40109 |
| county board's assessment shall be filed with the court. The | 40110 |
| reports shall, consistent with the rules of evidence, be accepted | 40111 |
| as probative evidence in any proceeding under section 5123.75 or | 40112 |
| 5123.76 of the Revised Code. If the counsel for the person who is | 40113 |
| evaluated or assessed is known, the court shall send to the | 40114 |
| counsel a copy of the reports as soon as possible after they are | 40115 |
| filed and prior to any proceedings under section 5123.75 or | 40116 |
| 5123.76 of the Revised Code. | 40117 |
| (B) Any person who is involuntarily detained in an | 40118 |
| institution or otherwise is in custody under this chapter shall be | 40119 |
| informed of the right to do the following: | 40120 |
| (1) Immediately make a reasonable number of telephone calls | 40121 |
| or use other reasonable means to contact an attorney, a physician, | 40122 |
| or both, to contact any other person or persons to secure | 40123 |
| representation by counsel, or to obtain medical assistance, and be | 40124 |
| provided assistance in making calls if the assistance is needed | 40125 |
| and requested; | 40126 |
| (2) Retain counsel and have independent expert evaluation | 40127 |
| and, if the person is an indigent person, be represented by | 40128 |
| court-appointed counsel and have independent expert evaluation at | 40129 |
| court expense; | 40130 |
| (3) Upon request, have a hearing to determine whether there | 40131 |
| is probable cause to believe that the person is a mentally | 40132 |
| retarded person subject to institutionalization by court order. | 40133 |
| (C) No person who is being treated by spiritual means through | 40134 |
| prayer alone in accordance with a recognized religious method of | 40135 |
| healing may be ordered detained or involuntarily committed unless | 40136 |
| the court has determined that the person represents a very | 40137 |
| substantial risk of self-impairment, self-injury, or impairment or | 40138 |
| injury to others. | 40139 |
| Sec. 5123.76. (A) The full hearing shall be conducted in a | 40140 |
| manner consistent with the procedures outlined in this chapter and | 40141 |
| with due process of law. The hearing shall be held by a judge of | 40142 |
| the probate division or, upon transfer by the judge of the probate | 40143 |
| division, by another judge of the court of common pleas, or a | 40144 |
| referee designated by the judge of the probate division. Any | 40145 |
| referee designated by the judge of the probate division must be an | 40146 |
| attorney. | 40147 |
| (1) The following shall be made available to counsel for the | 40148 |
| respondent: | 40149 |
| (a) All relevant documents, information, and evidence in the | 40150 |
| custody or control of the state or prosecutor; | 40151 |
| (b) All relevant documents, information, and evidence in the | 40152 |
| custody or control of the institution, facility, or program in | 40153 |
| which the respondent currently is held or in which the respondent | 40154 |
| has been held pursuant to these proceedings; | 40155 |
| (c) With the consent of the respondent, all relevant | 40156 |
| documents, information, and evidence in the custody or control of | 40157 |
| any institution or person other than the state. | 40158 |
| (2) The respondent has the right to be represented by counsel | 40159 |
| of the respondent's choice and has the right to attend the hearing | 40160 |
| except if unusual circumstances of compelling medical necessity | 40161 |
| exist that render the respondent unable to attend and the | 40162 |
| respondent has not expressed a desire to attend. | 40163 |
| (3) If the respondent is not represented by counsel and the | 40164 |
| court determines that the conditions specified in division (A)(2) | 40165 |
| of this section justify the respondent's absence and the right to | 40166 |
| counsel has not been validly waived, the court shall appoint | 40167 |
| counsel forthwith to represent the respondent at the hearing, | 40168 |
| reserving the right to tax costs of appointed counsel to the | 40169 |
| respondent unless it is shown that the respondent is indigent. If | 40170 |
| the court appoints counsel, or if the court determines that the | 40171 |
| evidence relevant to the respondent's absence does not justify the | 40172 |
| absence, the court shall continue the case. | 40173 |
| (4) The respondent shall be informed of the right to retain | 40174 |
| counsel, to have independent expert evaluation, and, if an | 40175 |
| indigent person, to be represented by court appointed counsel and | 40176 |
| have expert independent evaluation at court expense. | 40177 |
| (5) The hearing may be closed to the public unless counsel | 40178 |
| for the respondent requests that the hearing be open to the | 40179 |
| public. | 40180 |
| (6) Unless objected to by the respondent, the respondent's | 40181 |
| counsel, or the designee of the director of mental retardation and | 40182 |
| developmental disabilities, the court, for good cause shown, may | 40183 |
| admit persons having a legitimate interest in the proceedings. | 40184 |
| (7) The affiant under section 5123.71 of the Revised Code | 40185 |
| shall be subject to subpoena by either party. | 40186 |
| (8) The court shall examine the sufficiency of all documents | 40187 |
| filed and shall inform the respondent, if present, and the | 40188 |
| respondent's counsel of the nature of the content of the documents | 40189 |
| and the reason for which the respondent is being held or for which | 40190 |
| the respondent's placement is being sought. | 40191 |
| (9) The court shall receive only relevant, competent, and | 40192 |
| material evidence. | 40193 |
| (10) The designee of the director shall present the evidence | 40194 |
| for the state. In proceedings under this chapter, the attorney | 40195 |
| general shall present the comprehensive evaluation, assessment, | 40196 |
| diagnosis, prognosis, record of habilitation and care, if any, and | 40197 |
| less restrictive habilitation plans, if any. The attorney general | 40198 |
| does not have a similar presentation responsibility in connection | 40199 |
| with a person who has been found not guilty by reason of insanity | 40200 |
| and who is the subject of a hearing under section 2945.40 of the | 40201 |
| Revised Code to determine whether the person is a mentally | 40202 |
| retarded person subject to institutionalization by court order. | 40203 |
| (11) The respondent has the right to testify and the | 40204 |
| respondent or the respondent's counsel has the right to subpoena | 40205 |
| witnesses and documents and to present and cross-examine | 40206 |
| witnesses. | 40207 |
| (12) The respondent shall not be compelled to testify and | 40208 |
| shall be so advised by the court. | 40209 |
| (13) On motion of the respondent or the respondent's counsel | 40210 |
| for good cause shown, or upon the court's own motion, the court | 40211 |
| may order a continuance of the hearing. | 40212 |
| (14) To an extent not inconsistent with this chapter, the | 40213 |
| Rules of Civil Procedure shall be applicable. | 40214 |
| (B) Unless, upon completion of the hearing, the court finds | 40215 |
| by clear and convincing evidence that the respondent named in the | 40216 |
| affidavit is a mentally retarded person subject to | 40217 |
| institutionalization by court order, it shall order the | 40218 |
| respondent's discharge forthwith. | 40219 |
| (C) If, upon completion of the hearing, the court finds by | 40220 |
| clear and convincing evidence that the respondent is a mentally | 40221 |
| retarded person subject to institutionalization by court order, | 40222 |
| the court may order the respondent's discharge or order the | 40223 |
| respondent, for a period not to exceed ninety days, to any of the | 40224 |
| following: | 40225 |
| (1) A public institution, provided that commitment of the | 40226 |
| respondent to the institution will not cause the institution to | 40227 |
| exceed its licensed capacity determined in accordance with section | 40228 |
| 5123.19 of the Revised Code and provided that such a placement is | 40229 |
| indicated by the comprehensive evaluation report filed pursuant to | 40230 |
| section 5123.71 of the Revised Code; | 40231 |
| (2) A private institution; | 40232 |
| (3) A county mental retardation program; | 40233 |
| (4) Receive private habilitation and care; | 40234 |
| (5) Any other suitable facility, program, or the care of any | 40235 |
| person consistent with the comprehensive evaluation, assessment, | 40236 |
| diagnosis, prognosis, and habilitation needs of the respondent. | 40237 |
| (D) Any order made pursuant to division (C)(2), (4), or (5) | 40238 |
| of this section shall be conditional upon the receipt by the court | 40239 |
| of consent by the facility, program, or person to accept the | 40240 |
| respondent. | 40241 |
| (E) In determining the place to which, or the person with | 40242 |
| whom, the respondent is to be committed, the court shall consider | 40243 |
| the comprehensive evaluation, assessment, diagnosis, and projected | 40244 |
| habilitation plan for the respondent, and shall order the | 40245 |
| implementation of the least restrictive alternative available and | 40246 |
| consistent with habilitation goals. | 40247 |
| (F) If, at any time it is determined by the director of the | 40248 |
| facility or program to which, or the person to whom, the | 40249 |
| respondent is committed that the respondent could be equally well | 40250 |
| habilitated in a less restrictive environment that is available, | 40251 |
| the following shall occur: | 40252 |
| (1) The respondent shall be released by the director of the | 40253 |
| facility or program or by the person forthwith and referred to the | 40254 |
| court together with a report of the findings and recommendations | 40255 |
| of the facility, program, or person. | 40256 |
| (2) The director of the facility or program or the person | 40257 |
| shall notify the respondent's counsel and the designee of the | 40258 |
| director of mental retardation and developmental disabilities. | 40259 |
| (3) The court shall dismiss the case or order placement in | 40260 |
| the less restrictive environment. | 40261 |
| (G)(1) Except as provided in divisions (G)(2) and (3) of this | 40262 |
| section, any person who has been committed under this section may | 40263 |
| apply at any time during the ninety-day period for voluntary | 40264 |
| admission to an institution under section 5123.69 of the Revised | 40265 |
| Code. Upon admission of a voluntary resident, the managing officer | 40266 |
| immediately shall notify the court, the respondent's counsel, and | 40267 |
| the designee of the director in writing of that fact by mail or | 40268 |
| otherwise, and, upon receipt of the notice, the court shall | 40269 |
| dismiss the case. | 40270 |
| (2) A person who is found incompetent to stand trial or not | 40271 |
| guilty by reason of insanity and who is committed pursuant to | 40272 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 40273 |
| Code shall not be voluntarily admitted to an institution pursuant | 40274 |
| to division (G)(1) of this section until after the termination of | 40275 |
| the commitment, as described in division (J) of section 2945.401 | 40276 |
| of the Revised Code. | 40277 |
| (H) If, at the end of any commitment period, the respondent | 40278 |
| has not already been discharged or has not requested voluntary | 40279 |
| admission status, the director of the facility or program, or the | 40280 |
| person to whose care the respondent has been committed, shall | 40281 |
| discharge the respondent forthwith, unless at least ten days | 40282 |
| before the expiration of that period the designee of the director | 40283 |
| of mental retardation and developmental disabilities or the | 40284 |
| prosecutor files an application with the court requesting | 40285 |
| continued commitment. | 40286 |
| (1) An application for continued commitment shall include a | 40287 |
| written report containing a current comprehensive evaluation and | 40288 |
| assessment, a diagnosis, a prognosis, an account of progress and | 40289 |
| past habilitation, and a description of alternative habilitation | 40290 |
| settings and plans, including a habilitation setting that is the | 40291 |
| least restrictive setting consistent with the need for | 40292 |
| habilitation. A copy of the application shall be provided to | 40293 |
| respondent's counsel. The requirements for notice under section | 40294 |
| 5123.73 of the Revised Code and the provisions of divisions (A) to | 40295 |
| (E) of this section apply to all hearings on such applications. | 40296 |
| (2) A hearing on the first application for continued | 40297 |
| commitment shall be held at the expiration of the first ninety-day | 40298 |
| period. The hearing shall be mandatory and may not be waived. | 40299 |
| (3) Subsequent periods of commitment not to exceed one | 40300 |
| hundred eighty days each may be ordered by the court if the | 40301 |
| designee of the director of mental retardation and developmental | 40302 |
| disabilities files an application for continued commitment, after | 40303 |
| a hearing is held on the application or without a hearing if no | 40304 |
| hearing is requested and no hearing required under division (H)(4) | 40305 |
| of this section is waived. Upon the application of a person | 40306 |
| involuntarily committed under this section, supported by an | 40307 |
| affidavit of a licensed physician alleging that the person is no | 40308 |
| longer a mentally retarded person subject to institutionalization | 40309 |
| by court order, the court for good cause shown may hold a full | 40310 |
| hearing on the person's continued commitment prior to the | 40311 |
| expiration of any subsequent period of commitment set by the | 40312 |
| court. | 40313 |
| (4) A mandatory hearing shall be held at least every two | 40314 |
| years after the initial commitment. | 40315 |
| (5) If the court, after a hearing upon a request to continue | 40316 |
| commitment, finds that the respondent is a mentally retarded | 40317 |
| person subject to institutionalization by court order, the court | 40318 |
| may make an order pursuant to divisions (C), (D), and (E) of this | 40319 |
| section. | 40320 |
| (I) Notwithstanding the provisions of division (H) of this | 40321 |
| section, no person who is found to be a mentally retarded person | 40322 |
| subject to institutionalization by court order pursuant to | 40323 |
|
division
| 40324 |
| held under involuntary commitment for more than five years. | 40325 |
| (J) The managing officer admitting a person pursuant to a | 40326 |
| judicial proceeding, within ten working days of the admission, | 40327 |
| shall make a report of the admission to the department. | 40328 |
| Sec. 5126.01. As used in this chapter: | 40329 |
| (A) As used in this division, "adult" means an individual who | 40330 |
| is eighteen years of age or over and not enrolled in a program or | 40331 |
| service under Chapter 3323. of the Revised Code and an individual | 40332 |
| sixteen or seventeen years of age who is eligible for adult | 40333 |
| services under rules adopted by the director of mental retardation | 40334 |
| and developmental disabilities pursuant to Chapter 119. of the | 40335 |
| Revised Code. | 40336 |
| (1) "Adult services" means services provided to an adult | 40337 |
| outside the home, except when they are provided within the home | 40338 |
| according to an individual's assessed needs and identified in an | 40339 |
| individual service plan, that support learning and assistance in | 40340 |
| the area of self-care, sensory and motor development, | 40341 |
| socialization, daily living skills, communication, community | 40342 |
| living, social skills, or vocational skills. | 40343 |
| (2) "Adult services" includes all of the following: | 40344 |
| (a) Adult day habilitation services; | 40345 |
| (b) Adult day care; | 40346 |
| (c) Prevocational services; | 40347 |
| (d) Sheltered employment; | 40348 |
| (e) Educational experiences and training obtained through | 40349 |
| entities and activities that are not expressly intended for | 40350 |
| individuals with mental retardation and developmental | 40351 |
| disabilities, including trade schools, vocational or technical | 40352 |
| schools, adult education, job exploration and sampling, unpaid | 40353 |
| work experience in the community, volunteer activities, and | 40354 |
| spectator sports; | 40355 |
| (f) Community employment services and supported employment | 40356 |
| services. | 40357 |
| (B)(1) "Adult day habilitation services" means adult services | 40358 |
| that do the following: | 40359 |
| (a) Provide access to and participation in typical activities | 40360 |
| and functions of community life that are desired and chosen by the | 40361 |
| general population, including such activities and functions as | 40362 |
| opportunities to experience and participate in community | 40363 |
| exploration, companionship with friends and peers, leisure | 40364 |
| activities, hobbies, maintaining family contacts, community | 40365 |
| events, and activities where individuals without disabilities are | 40366 |
| involved; | 40367 |
| (b) Provide supports or a combination of training and | 40368 |
| supports that afford an individual a wide variety of opportunities | 40369 |
| to facilitate and build relationships and social supports in the | 40370 |
| community. | 40371 |
| (2) "Adult day habilitation services" includes all of the | 40372 |
| following: | 40373 |
| (a) Personal care services needed to ensure an individual's | 40374 |
| ability to experience and participate in vocational services, | 40375 |
| educational services, community activities, and any other adult | 40376 |
| day habilitation services; | 40377 |
| (b) Skilled services provided while receiving adult day | 40378 |
| habilitation services, including such skilled services as behavior | 40379 |
| management intervention, occupational therapy, speech and language | 40380 |
| therapy, physical therapy, and nursing services; | 40381 |
| (c) Training and education in self-determination designed to | 40382 |
| help the individual do one or more of the following: develop | 40383 |
| self-advocacy skills, exercise the individual's civil rights, | 40384 |
| acquire skills that enable the individual to exercise control and | 40385 |
| responsibility over the services received, and acquire skills that | 40386 |
| enable the individual to become more independent, integrated, or | 40387 |
| productive in the community; | 40388 |
| (d) Recreational and leisure activities identified in the | 40389 |
| individual's service plan as therapeutic in nature or assistive in | 40390 |
| developing or maintaining social supports; | 40391 |
| (e) Counseling and assistance provided to obtain housing, | 40392 |
| including such counseling as identifying options for either rental | 40393 |
| or purchase, identifying financial resources, assessing needs for | 40394 |
| environmental modifications, locating housing, and planning for | 40395 |
| ongoing management and maintenance of the housing selected; | 40396 |
| (f) Transportation necessary to access adult day habilitation | 40397 |
| services; | 40398 |
| (g) Habilitation management, as described in section 5126.14 | 40399 |
| of the Revised Code. | 40400 |
| (3) "Adult day habilitation services" does not include | 40401 |
| activities that are components of the provision of residential | 40402 |
| services, family support services, or supported living services. | 40403 |
| (C) "Community employment services" or "supported employment | 40404 |
| services" means job training and other services related to | 40405 |
| employment outside a sheltered workshop. "Community employment | 40406 |
| services" or "supported employment services" include all of the | 40407 |
| following: | 40408 |
| (1) Job training resulting in the attainment of competitive | 40409 |
| work, supported work in a typical work environment, or | 40410 |
| self-employment; | 40411 |
| (2) Supervised work experience through an employer paid to | 40412 |
| provide the supervised work experience; | 40413 |
| (3) Ongoing work in a competitive work environment at a wage | 40414 |
| commensurate with workers without disabilities; | 40415 |
| (4) Ongoing supervision by an employer paid to provide the | 40416 |
| supervision. | 40417 |
| (D) As used in this division, "substantial functional | 40418 |
| limitation," "developmental delay," and "established risk" have | 40419 |
| the meanings established pursuant to section 5123.011 of the | 40420 |
| Revised Code. | 40421 |
| "Developmental disability" means a severe, chronic disability | 40422 |
| that is characterized by all of the following: | 40423 |
| (1) It is attributable to a mental or physical impairment or | 40424 |
| a combination of mental and physical impairments, other than a | 40425 |
| mental or physical impairment solely caused by mental illness as | 40426 |
| defined in division (A) of section 5122.01 of the Revised Code; | 40427 |
| (2) It is manifested before age twenty-two; | 40428 |
| (3) It is likely to continue indefinitely; | 40429 |
| (4) It results in one of the following: | 40430 |
| (a) In the case of a person under age three, at least one | 40431 |
| developmental delay or an established risk; | 40432 |
| (b) In the case of a person at least age three but under age | 40433 |
| six, at least two developmental delays or an established risk; | 40434 |
| (c) In the case of a person age six or older, a substantial | 40435 |
| functional limitation in at least three of the following areas of | 40436 |
| major life activity, as appropriate for the person's age: | 40437 |
| self-care, receptive and expressive language, learning, mobility, | 40438 |
| self-direction, capacity for independent living, and, if the | 40439 |
| person is at least age sixteen, capacity for economic | 40440 |
| self-sufficiency. | 40441 |
| (5) It causes the person to need a combination and sequence | 40442 |
| of special, interdisciplinary, or other type of care, treatment, | 40443 |
| or provision of services for an extended period of time that is | 40444 |
| individually planned and coordinated for the person. | 40445 |
| (E) "Early childhood services" means a planned program of | 40446 |
| habilitation designed to meet the needs of individuals with mental | 40447 |
| retardation or other developmental disabilities who have not | 40448 |
| attained compulsory school age. | 40449 |
| (F)(1) "Environmental modifications" means the physical | 40450 |
| adaptations to an individual's home, specified in the individual's | 40451 |
| service plan, that are necessary to ensure the individual's | 40452 |
| health, safety, and welfare or that enable the individual to | 40453 |
| function with greater independence in the home, and without which | 40454 |
| the individual would require institutionalization. | 40455 |
| (2) "Environmental modifications" includes such adaptations | 40456 |
| as installation of ramps and grab-bars, widening of doorways, | 40457 |
| modification of bathroom facilities, and installation of | 40458 |
| specialized electric and plumbing systems necessary to accommodate | 40459 |
| the individual's medical equipment and supplies. | 40460 |
| (3) "Environmental modifications" does not include physical | 40461 |
| adaptations or improvements to the home that are of general | 40462 |
| utility or not of direct medical or remedial benefit to the | 40463 |
| individual, including such adaptations or improvements as | 40464 |
| carpeting, roof repair, and central air conditioning. | 40465 |
| (G) "Family support services" means the services provided | 40466 |
| under a family support services program operated under section | 40467 |
| 5126.11 of the Revised Code. | 40468 |
| (H) "Habilitation" means the process by which the staff of | 40469 |
| the facility or agency assists an individual with mental | 40470 |
| retardation or other developmental disability in acquiring and | 40471 |
| maintaining those life skills that enable the individual to cope | 40472 |
| more effectively with the demands of the individual's own person | 40473 |
| and environment, and in raising the level of the individual's | 40474 |
| personal, physical, mental, social, and vocational efficiency. | 40475 |
| Habilitation includes, but is not limited to, programs of formal, | 40476 |
| structured education and training. | 40477 |
| (I) | 40478 |
| 40479 | |
| 40480 | |
| 40481 | |
| 40482 |
| | 40483 |
| home and community-based services specified in division (B)(1) of | 40484 |
| section 5111.87 of the Revised Code and provided under the | 40485 |
| medicaid waiver components the department of mental retardation | 40486 |
| and developmental disabilities administers pursuant to section | 40487 |
| 5111.871 of the Revised Code. | 40488 |
| | 40489 |
| of the Revised Code. | 40490 |
| | 40491 |
| management services provided to an individual with mental | 40492 |
| retardation or other developmental disability that the state | 40493 |
| medicaid plan requires. | 40494 |
| | 40495 |
| manifested during the developmental period characterized by | 40496 |
| significantly subaverage general intellectual functioning existing | 40497 |
| concurrently with deficiencies in the effectiveness or degree with | 40498 |
| which an individual meets the standards of personal independence | 40499 |
| and social responsibility expected of the individual's age and | 40500 |
| cultural group. | 40501 |
| | 40502 |
| with mental retardation or other developmental disabilities to | 40503 |
| provide housing, food, clothing, habilitation, staff support, and | 40504 |
| related support services necessary for the health, safety, and | 40505 |
| welfare of the individuals and the advancement of their quality of | 40506 |
| life. "Residential services" includes program management, as | 40507 |
| described in section 5126.14 of the Revised Code. | 40508 |
| | 40509 |
| including moneys received from the federal, state, and local | 40510 |
| governments, private grants, and donations; appropriately | 40511 |
| qualified personnel; and appropriate capital facilities and | 40512 |
| equipment. | 40513 |
| | 40514 |
| performed by a service and support administrator pursuant to | 40515 |
| section 5126.15 of the Revised Code. | 40516 |
| | 40517 |
| equipment, supplies, and supports" means equipment, supplies, and | 40518 |
| supports that enable an individual to increase the ability to | 40519 |
| perform activities of daily living or to perceive, control, or | 40520 |
| communicate within the environment. | 40521 |
| (2) "Specialized medical, adaptive, and assistive equipment, | 40522 |
| supplies, and supports" includes the following: | 40523 |
| (a) Eating utensils, adaptive feeding dishes, plate guards, | 40524 |
| mylatex straps, hand splints, reaches, feeder seats, adjustable | 40525 |
| pointer sticks, interpreter services, telecommunication devices | 40526 |
| for the deaf, computerized communications boards, other | 40527 |
| communication devices, support animals, veterinary care for | 40528 |
| support animals, adaptive beds, supine boards, prone boards, | 40529 |
| wedges, sand bags, sidelayers, bolsters, adaptive electrical | 40530 |
| switches, hand-held shower heads, air conditioners, humidifiers, | 40531 |
| emergency response systems, folding shopping carts, vehicle lifts, | 40532 |
| vehicle hand controls, other adaptations of vehicles for | 40533 |
| accessibility, and repair of the equipment received. | 40534 |
| (b) Nondisposable items not covered by medicaid that are | 40535 |
| intended to assist an individual in activities of daily living or | 40536 |
| instrumental activities of daily living. | 40537 |
| | 40538 |
| to families of individuals with mental retardation or other | 40539 |
| developmental disabilities to develop and maintain increased | 40540 |
| acceptance and understanding of such persons, increased ability of | 40541 |
| family members to teach the person, better coordination between | 40542 |
| school and home, skills in performing specific therapeutic and | 40543 |
| management techniques, and ability to cope with specific | 40544 |
| situations. | 40545 |
| | 40546 |
| long as twenty-four hours a day to an individual with mental | 40547 |
| retardation or other developmental disability through any public | 40548 |
| or private resources, including moneys from the individual, that | 40549 |
| enhance the individual's reputation in community life and advance | 40550 |
| the individual's quality of life by doing the following: | 40551 |
| (a) Providing the support necessary to enable an individual | 40552 |
| to live in a residence of the individual's choice, with any number | 40553 |
| of individuals who are not disabled, or with not more than three | 40554 |
| individuals with mental retardation and developmental disabilities | 40555 |
| unless the individuals are related by blood or marriage; | 40556 |
| (b) Encouraging the individual's participation in the | 40557 |
| community; | 40558 |
| (c) Promoting the individual's rights and autonomy; | 40559 |
| (d) Assisting the individual in acquiring, retaining, and | 40560 |
| improving the skills and competence necessary to live successfully | 40561 |
| in the individual's residence. | 40562 |
| (2) "Supported living" includes the provision of all of the | 40563 |
| following: | 40564 |
| (a) Housing, food, clothing, habilitation, staff support, | 40565 |
| professional services, and any related support services necessary | 40566 |
| to ensure the health, safety, and welfare of the individual | 40567 |
| receiving the services; | 40568 |
| (b) A combination of life-long or extended-duration | 40569 |
| supervision, training, and other services essential to daily | 40570 |
| living, including assessment and evaluation and assistance with | 40571 |
| the cost of training materials, transportation, fees, and | 40572 |
| supplies; | 40573 |
| (c) Personal care services and homemaker services; | 40574 |
| (d) Household maintenance that does not include modifications | 40575 |
| to the physical structure of the residence; | 40576 |
| (e) Respite care services; | 40577 |
| (f) Program management, as described in section 5126.14 of | 40578 |
| the Revised Code. | 40579 |
| Sec. 5126.035. (A) As used in this section: | 40580 |
| (1) "Provider" means a person or government entity that | 40581 |
| provides services to an individual with mental retardation or | 40582 |
| other developmental disability pursuant to a service contract. | 40583 |
| (2) "Service contract" means a contract between a county | 40584 |
| board of mental retardation and developmental disabilities and a | 40585 |
| provider under which the provider is to provide services to an | 40586 |
| individual with mental retardation or other developmental | 40587 |
| disability. | 40588 |
| (B) Each service contract that a county board of mental | 40589 |
| retardation and developmental disabilities enters into with a | 40590 |
|
provider
shall do | 40591 |
| (1) | 40592 |
| 40593 |
| | 40594 |
|
services | 40595 |
| 40596 | |
| requirements; | 40597 |
| | 40598 |
| individual service needs addendum. | 40599 |
| (C) The general operating agreement component shall include | 40600 |
| all of the following: | 40601 |
| (1) The roles and responsibilities of the county board | 40602 |
| regarding services for individuals with mental retardation or | 40603 |
| other developmental disability who reside in the county the county | 40604 |
| board serves; | 40605 |
| (2) The roles and responsibilities of the provider as | 40606 |
| specified in the individual service needs addendum; | 40607 |
| (3) Procedures for the county board to monitor the provider's | 40608 |
| services; | 40609 |
| (4) Procedures for the county board to evaluate the quality | 40610 |
| of care and cost effectiveness of the provider's services; | 40611 |
| (5) Procedures for payment of eligible claims; | 40612 |
| (6) If the provider is to provide home and community-based | 40613 |
|
services | 40614 |
| 40615 |
| (a) Procedures for reimbursement that conform to the | 40616 |
| statewide reimbursement process and the county board's plan | 40617 |
| submitted under section 5126.054 of the Revised Code; | 40618 |
| (b) Procedures that ensure that the county board pays the | 40619 |
| nonfederal share of the medicaid expenditures that the county | 40620 |
| board is required by division (A) of section 5126.057 of the | 40621 |
| Revised Code to pay. | 40622 |
| (7) Procedures for the county board to perform service | 40623 |
| utilization reviews and the implementation of required corrective | 40624 |
| actions; | 40625 |
| (8) Procedures for the provider to submit claims for payment | 40626 |
| for a service no later than three hundred thirty days after the | 40627 |
| date the service is provided; | 40628 |
| (9) Procedures for rejecting claims for payment that are | 40629 |
|
submitted after the time required by division | 40630 |
| section; | 40631 |
| (10) Procedures for developing, modifying, and executing | 40632 |
| initial and subsequent service plans. The procedures shall provide | 40633 |
| for the provider's participation. | 40634 |
| (11) Procedures for affording individuals due process | 40635 |
| protections; | 40636 |
| (12) General staffing, training, and certification | 40637 |
| requirements that are consistent with state requirements and | 40638 |
| compensation arrangements that are necessary to attract, train, | 40639 |
| and retain competent personnel to deliver the services pursuant to | 40640 |
| the individual service needs addendum; | 40641 |
| (13) Methods to be used to document services provided and | 40642 |
| procedures for submitting reports the county board requires; | 40643 |
| (14) Methods for authorizing and documenting within | 40644 |
| seventy-two hours changes to the individual service needs | 40645 |
| addendum. The methods shall allow for changes to be initially | 40646 |
| authorized verbally and subsequently in writing. | 40647 |
| (15) Procedures for modifying the individual service needs | 40648 |
| addendum in accordance with changes to the recipient's | 40649 |
| individualized service plan; | 40650 |
| (16) Procedures for terminating the individual service needs | 40651 |
| addendum within thirty days of a request made by the recipient; | 40652 |
| (17) A requirement that all parties to the contract accept | 40653 |
| the contract's terms and conditions; | 40654 |
| (18) A designated contact person and the method of contacting | 40655 |
| the designated person to respond to medical or behavioral problems | 40656 |
| and allegations of major unusual incidents or unusual incidents; | 40657 |
| (19) Procedures for ensuring the health and welfare of the | 40658 |
| recipient; | 40659 |
| (20) Procedures for ensuring fiscal accountability and the | 40660 |
| collection and reporting of programmatic data; | 40661 |
| (21) Procedures for implementing the mediation and | 40662 |
| arbitration process under section 5126.036 of the Revised Code; | 40663 |
| (22) Procedures for amending or terminating the contract, | 40664 |
| including as necessary to make the general operating agreement | 40665 |
| component consistent with any changes made to the individual | 40666 |
| service needs addendum; | 40667 |
| (23) Anything else allowable under federal and state law that | 40668 |
| the county board and provider agree to. | 40669 |
| (D) The individual service needs addendum shall be consistent | 40670 |
| with the general operating agreement component and include all of | 40671 |
| the following: | 40672 |
| (1) The name of the individual with mental retardation or | 40673 |
| other developmental disability who is to receive the services from | 40674 |
| the provider and any information about the recipient that the | 40675 |
| provider needs to be able to provide the services; | 40676 |
| (2) A clear and complete description of the services that the | 40677 |
| recipient is to receive as determined using statewide assessment | 40678 |
| tools; | 40679 |
| (3) A copy of the recipient's assessment and individualized | 40680 |
| service plan; | 40681 |
| (4) A clear and complete description of the provider's | 40682 |
| responsibilities to the recipient and county board in providing | 40683 |
| appropriate services in a coordinated manner with other providers | 40684 |
| and in a manner that contributes to and ensures the recipient's | 40685 |
| health, safety, and welfare. | 40686 |
| (E) | 40687 |
| 40688 | |
| 40689 | |
| does not negate the requirement that a provider of home and | 40690 |
|
community-based services | 40691 |
| 40692 | |
| with the department of job and family services. | 40693 |
| Sec. 5126.042. (A) As used in this section, "emergency" | 40694 |
| means any situation that creates for an individual with mental | 40695 |
| retardation or developmental disabilities a risk of substantial | 40696 |
| self-harm or substantial harm to others if action is not taken | 40697 |
| within thirty days. An "emergency" may include one or more of the | 40698 |
| following situations: | 40699 |
| (1) Loss of present residence for any reason, including legal | 40700 |
| action; | 40701 |
| (2) Loss of present caretaker for any reason, including | 40702 |
| serious illness of the caretaker, change in the caretaker's | 40703 |
| status, or inability of the caretaker to perform effectively for | 40704 |
| the individual; | 40705 |
| (3) Abuse, neglect, or exploitation of the individual; | 40706 |
| (4) Health and safety conditions that pose a serious risk to | 40707 |
| the individual or others of immediate harm or death; | 40708 |
| (5) Change in the emotional or physical condition of the | 40709 |
| individual that necessitates substantial accommodation that cannot | 40710 |
| be reasonably provided by the individual's existing caretaker. | 40711 |
| (B) If a county board of mental retardation and developmental | 40712 |
| disabilities determines that available resources are not | 40713 |
| sufficient to meet the needs of all individuals who request | 40714 |
| programs and services and may be offered the programs and | 40715 |
| services, it shall establish waiting lists for services. The board | 40716 |
| may establish priorities for making placements on its waiting | 40717 |
| lists according to an individual's emergency status and shall | 40718 |
| establish priorities in accordance with divisions (D) and (E) of | 40719 |
| this section. | 40720 |
| The individuals who may be placed on a waiting list include | 40721 |
| individuals with a need for services on an emergency basis and | 40722 |
| individuals who have requested services for which resources are | 40723 |
| not available. | 40724 |
| Except for an individual who is to receive priority for | 40725 |
| services pursuant to division (D)(3) of this section, an | 40726 |
| individual who currently receives a service but would like to | 40727 |
| change to another service shall not be placed on a waiting list | 40728 |
| but shall be placed on a service substitution list. The board | 40729 |
| shall work with the individual, service providers, and all | 40730 |
| appropriate entities to facilitate the change in service as | 40731 |
| expeditiously as possible. The board may establish priorities for | 40732 |
| making placements on its service substitution lists according to | 40733 |
| an individual's emergency status. | 40734 |
| In addition to maintaining waiting lists and service | 40735 |
| substitution lists, a board shall maintain a long-term service | 40736 |
| planning registry for individuals who wish to record their | 40737 |
| intention to request in the future a service they are not | 40738 |
| currently receiving. The purpose of the registry is to enable the | 40739 |
| board to document requests and to plan appropriately. The board | 40740 |
| may not place an individual on the registry who meets the | 40741 |
| conditions for receipt of services on an emergency basis. | 40742 |
| (C) A county board shall establish a separate waiting list | 40743 |
| for each of the following categories of services, and may | 40744 |
| establish separate waiting lists within the waiting lists: | 40745 |
| (1) Early childhood services; | 40746 |
| (2) Educational programs for preschool and school age | 40747 |
| children; | 40748 |
| (3) Adult services; | 40749 |
| (4) Service and support administration; | 40750 |
| (5) Residential services and supported living; | 40751 |
| (6) Transportation services; | 40752 |
| (7) Other services determined necessary and appropriate for | 40753 |
| persons with mental retardation or a developmental disability | 40754 |
| according to their individual habilitation or service plans; | 40755 |
| (8) Family support services provided under section 5126.11 of | 40756 |
| the Revised Code. | 40757 |
| (D) Except as provided in division (G) of this section, a | 40758 |
| county board shall do, as priorities, all of the following in | 40759 |
| accordance with the assessment component, approved under section | 40760 |
| 5123.046 of the Revised Code, of the county board's plan developed | 40761 |
| under section 5126.054 of the Revised Code: | 40762 |
| (1) For the purpose of obtaining additional federal medicaid | 40763 |
|
funds for home and community-based services | 40764 |
|
management services, | 40765 |
| the following: | 40766 |
| (a) Give an individual who is eligible for home and | 40767 |
| community-based services and meets both of the following | 40768 |
| requirements priority over any other individual on a waiting list | 40769 |
| established under division (C) of this section for home and | 40770 |
| community-based services that include supported living, | 40771 |
| residential services, or family support services: | 40772 |
| (i) Is twenty-two years of age or older; | 40773 |
| (ii) Receives supported living or family support services. | 40774 |
| (b) Give an individual who is eligible for home and | 40775 |
| community-based services and meets both of the following | 40776 |
| requirements priority over any other individual on a waiting list | 40777 |
| established under division (C) of this section for home and | 40778 |
| community-based services that include adult services: | 40779 |
| (i) Resides in the individual's own home or the home of the | 40780 |
| individual's family and will continue to reside in that home after | 40781 |
| enrollment in home and community-based services; | 40782 |
| (ii) Receives adult services from the county board. | 40783 |
| (2) As federal medicaid funds become available pursuant to | 40784 |
| division (D)(1) of this section, give an individual who is | 40785 |
| eligible for home and community-based services and meets any of | 40786 |
| the following requirements priority for such services over any | 40787 |
| other individual on a waiting list established under division (C) | 40788 |
| of this section: | 40789 |
| (a) Does not receive residential services or supported | 40790 |
| living, either needs services in the individual's current living | 40791 |
| arrangement or will need services in a new living arrangement, and | 40792 |
| has a primary caregiver who is sixty years of age or older; | 40793 |
| (b) Is less than twenty-two years of age and has at least one | 40794 |
| of the following service needs that are unusual in scope or | 40795 |
| intensity: | 40796 |
| (i) Severe behavior problems for which a behavior support | 40797 |
| plan is needed; | 40798 |
| (ii) An emotional disorder for which anti-psychotic | 40799 |
| medication is needed; | 40800 |
| (iii) A medical condition that leaves the individual | 40801 |
| dependent on life-support medical technology; | 40802 |
| (iv) A condition affecting multiple body systems for which a | 40803 |
| combination of specialized medical, psychological, educational, or | 40804 |
| habilitation services are needed; | 40805 |
| (v) A condition the county board determines to be comparable | 40806 |
| in severity to any condition described in division (D)(2)(b)(i) to | 40807 |
| (iv) of this section and places the individual at significant risk | 40808 |
| of institutionalization. | 40809 |
| (c) Is twenty-two years of age or older, does not receive | 40810 |
| residential services or supported living, and is determined by the | 40811 |
| county board to have intensive needs for home and community-based | 40812 |
| services on an in-home or out-of-home basis. | 40813 |
| (3) In fiscal years 2002 and 2003, give an individual who is | 40814 |
| eligible for home and community-based services, resides in an | 40815 |
| intermediate care facility for the mentally retarded or nursing | 40816 |
| facility, chooses to move to another setting with the help of home | 40817 |
| and community-based services, and has been determined by the | 40818 |
| department of mental retardation and developmental disabilities to | 40819 |
| be capable of residing in the other setting, priority over any | 40820 |
| other individual on a waiting list established under division (C) | 40821 |
| of this section for home and community-based services who does not | 40822 |
| meet these criteria. The department of mental retardation and | 40823 |
| developmental disabilities shall identify the individuals to | 40824 |
| receive priority under division (D)(3) of this section, assess the | 40825 |
| needs of the individuals, and notify the county boards that are to | 40826 |
| provide the individuals priority under division (D)(3) of this | 40827 |
| section of the individuals identified by the department and the | 40828 |
| individuals' assessed needs. | 40829 |
| (E) Except as provided in division (G) of this section and | 40830 |
| for a number of years and beginning on a date specified in rules | 40831 |
| adopted under division (K) of this section, a county board shall | 40832 |
| give an individual who is eligible for home and community-based | 40833 |
| services, resides in a nursing facility, and chooses to move to | 40834 |
| another setting with the help of home and community-based | 40835 |
| services, priority over any other individual on a waiting list | 40836 |
| established under division (C) of this section for home and | 40837 |
| community-based services who does not meet these criteria. | 40838 |
| (F) If two or more individuals on a waiting list established | 40839 |
| under division (C) of this section for home and community-based | 40840 |
| services have priority for the services pursuant to division | 40841 |
| (D)(1) or (2) or (E) of this section, a county board may use, | 40842 |
|
until
December 31, | 40843 |
| under division (K)(2) of this section in determining the order in | 40844 |
| which the individuals with priority will be offered the services. | 40845 |
| Otherwise, the county board shall offer the home and | 40846 |
| community-based services to such individuals in the order they are | 40847 |
| placed on the waiting list. | 40848 |
| (G)(1) No individual may receive priority for services | 40849 |
| pursuant to division (D) or (E) of this section over an individual | 40850 |
| placed on a waiting list established under division (C) of this | 40851 |
| section on an emergency status. | 40852 |
| (2) No more than four hundred individuals in the state may | 40853 |
|
receive priority for services during
the
| 40854 |
| biennium pursuant to division (D)(2)(b) of this section. | 40855 |
| (3) No more than a total of seventy-five individuals in the | 40856 |
| state may receive priority for services during state fiscal years | 40857 |
| 2002 and 2003 pursuant to division (D)(3) of this section. | 40858 |
| (4) No more than forty individuals in the state may receive | 40859 |
| priority for services pursuant to division (E) of this section for | 40860 |
| each year that priority category is in effect as specified in | 40861 |
| rules adopted under division (K) of this section. | 40862 |
| (H) Prior to establishing any waiting list under this | 40863 |
| section, a county board shall develop and implement a policy for | 40864 |
| waiting lists that complies with this section and rules adopted | 40865 |
| under division (K) of this section. | 40866 |
| Prior to placing an individual on a waiting list, the county | 40867 |
| board shall assess the service needs of the individual in | 40868 |
| accordance with all applicable state and federal laws. The county | 40869 |
| board shall place the individual on the appropriate waiting list | 40870 |
| and may place the individual on more than one waiting list. The | 40871 |
| county board shall notify the individual of the individual's | 40872 |
| placement and position on each waiting list on which the | 40873 |
| individual is placed. | 40874 |
| At least annually, the county board shall reassess the | 40875 |
| service needs of each individual on a waiting list. If it | 40876 |
| determines that an individual no longer needs a program or | 40877 |
| service, the county board shall remove the individual from the | 40878 |
| waiting list. If it determines that an individual needs a program | 40879 |
| or service other than the one for which the individual is on the | 40880 |
| waiting list, the county board shall provide the program or | 40881 |
| service to the individual or place the individual on a waiting | 40882 |
| list for the program or service in accordance with the board's | 40883 |
| policy for waiting lists. | 40884 |
| When a program or service for which there is a waiting list | 40885 |
| becomes available, the county board shall reassess the service | 40886 |
| needs of the individual next scheduled on the waiting list to | 40887 |
| receive that program or service. If the reassessment demonstrates | 40888 |
| that the individual continues to need the program or service, the | 40889 |
| board shall offer the program or service to the individual. If it | 40890 |
| determines that an individual no longer needs a program or | 40891 |
| service, the county board shall remove the individual from the | 40892 |
| waiting list. If it determines that an individual needs a program | 40893 |
| or service other than the one for which the individual is on the | 40894 |
| waiting list, the county board shall provide the program or | 40895 |
| service to the individual or place the individual on a waiting | 40896 |
| list for the program or service in accordance with the board's | 40897 |
| policy for waiting lists. The county board shall notify the | 40898 |
| individual of the individual's placement and position on the | 40899 |
| waiting list on which the individual is placed. | 40900 |
| (I) A child subject to a determination made pursuant to | 40901 |
| section 121.38 of the Revised Code who requires the home and | 40902 |
| community-based services provided through a medicaid component | 40903 |
| that the department of mental retardation and developmental | 40904 |
| disabilities administers under section 5111.871 of the Revised | 40905 |
| Code shall receive services through that medicaid component. For | 40906 |
| all other services, a child subject to a determination made | 40907 |
| pursuant to section 121.38 of the Revised Code shall be treated as | 40908 |
| an emergency by the county boards and shall not be subject to a | 40909 |
| waiting list. | 40910 |
| (J) Not later than the fifteenth day of March of each | 40911 |
| even-numbered year, each county board shall prepare and submit to | 40912 |
| the director of mental retardation and developmental disabilities | 40913 |
| its recommendations for the funding of services for individuals | 40914 |
| with mental retardation and developmental disabilities and its | 40915 |
| proposals for reducing the waiting lists for services. | 40916 |
| (K)(1) The department of mental retardation and developmental | 40917 |
| disabilities shall adopt rules in accordance with Chapter 119. of | 40918 |
| the Revised Code governing waiting lists established under this | 40919 |
| section. The rules shall include procedures to be followed to | 40920 |
| ensure that the due process rights of individuals placed on | 40921 |
| waiting lists are not violated. | 40922 |
| (2) As part of the rules adopted under this division, the | 40923 |
| department shall adopt rules establishing criteria a county board | 40924 |
| may use under division (F) of this section in determining the | 40925 |
| order in which individuals with priority for home and | 40926 |
| community-based services will be offered the services. The rules | 40927 |
| shall also specify conditions under which a county board, when | 40928 |
| there is no individual with priority for home and community-based | 40929 |
| services pursuant to division (D)(1) or (2) or (E) of this section | 40930 |
| available and appropriate for the services, may offer the services | 40931 |
| to an individual on a waiting list for the services but not given | 40932 |
| such priority for the services. The rules adopted under division | 40933 |
| (K)(2) of this section shall cease to have effect December 31, | 40934 |
| 40935 |
| (3) As part of the rules adopted under this division, the | 40936 |
| department shall adopt rules specifying both of the following for | 40937 |
| the priority category established under division (E) of this | 40938 |
| section: | 40939 |
| (a) The number of years, which shall not exceed five, that | 40940 |
| the priority category will be in effect; | 40941 |
| (b) The date that the priority category is to go into effect. | 40942 |
| (L) The following shall take precedence over the applicable | 40943 |
| provisions of this section: | 40944 |
| (1) Medicaid rules and regulations; | 40945 |
| (2) Any specific requirements that may be contained within a | 40946 |
| medicaid state plan amendment or waiver program that a county | 40947 |
| board has authority to administer or with respect to which it has | 40948 |
| authority to provide services, programs, or supports. | 40949 |
| Sec. 5126.054. (A) Each county board of mental retardation | 40950 |
| and developmental disabilities shall, by resolution, develop a | 40951 |
| three-calendar year plan that includes the following four | 40952 |
| components: | 40953 |
| (1) An assessment component that includes all of the | 40954 |
| following: | 40955 |
| (a) The number of individuals with mental retardation or | 40956 |
| other developmental disability residing in the county who need the | 40957 |
| level of care provided by an intermediate care facility for the | 40958 |
| mentally retarded, may seek home and community-based services, are | 40959 |
| given priority for the services pursuant to division (D) of | 40960 |
| section 5126.042 of the Revised Code; the service needs of those | 40961 |
| individuals; and the projected annualized cost for services; | 40962 |
| (b) The source of funds available to the county board to pay | 40963 |
| the nonfederal share of medicaid expenditures that the county | 40964 |
| board is required by division (A) of section 5126.057 of the | 40965 |
| Revised Code to pay; | 40966 |
| (c) Any other applicable information or conditions that the | 40967 |
| department of mental retardation and developmental disabilities | 40968 |
| requires as a condition of approving the component under section | 40969 |
| 5123.046 of the Revised Code. | 40970 |
| (2) A component that provides for the recruitment, training, | 40971 |
| and retention of existing and new direct care staff necessary to | 40972 |
| implement services included in individualized service plans, | 40973 |
| including behavior management services and health management | 40974 |
| services such as delegated nursing and other habilitation | 40975 |
| services, and protect the health and welfare of individuals | 40976 |
| receiving services included in the individual's individualized | 40977 |
| service plan by complying with safeguards for unusual and major | 40978 |
| unusual incidents, day-to-day program management, and other | 40979 |
| requirements the department shall identify. A county board shall | 40980 |
| develop this component in collaboration with providers of | 40981 |
| medicaid-funded services with which the county board contracts. A | 40982 |
| county board shall include all of the following in the component: | 40983 |
| (a) The source and amount of funds available for the | 40984 |
| component; | 40985 |
| (b) A plan and timeline for implementing the component with | 40986 |
| the medicaid providers under contract with the county board; | 40987 |
| (c) The mechanisms the county board shall use to ensure the | 40988 |
| financial and program accountability of the medicaid provider's | 40989 |
| implementation of the component. | 40990 |
| (3) A preliminary implementation component that specifies the | 40991 |
| number of individuals to be provided, during the first year that | 40992 |
| the plan is in effect, home and community-based services pursuant | 40993 |
| to the priority given to them under divisions (D)(1) and (2) of | 40994 |
| section 5126.042 of the Revised Code and the types of home and | 40995 |
| community-based services the individuals are to receive; | 40996 |
| (4) A component that provides for the implementation of | 40997 |
| 40998 | |
| and home and community-based services for individuals who begin to | 40999 |
| receive the services on or after the date the plan is approved | 41000 |
| under section 5123.046 of the Revised Code. A county board shall | 41001 |
| include all of the following in the component: | 41002 |
| (a) If the department of mental retardation and developmental | 41003 |
| disabilities or department of job and family services requires, an | 41004 |
| agreement to pay the nonfederal share of medicaid expenditures | 41005 |
| that the county board is required by division (A) of section | 41006 |
| 5126.057 of the Revised Code to pay; | 41007 |
| (b) How the services are to be phased in over the period the | 41008 |
| plan covers, including how the county board will serve individuals | 41009 |
| on a waiting list established under division (C) of section | 41010 |
| 5126.042 who are given priority status under division (D)(1) of | 41011 |
| that section; | 41012 |
| (c) Any agreement or commitment regarding the county board's | 41013 |
| funding of home and community-based services that the county board | 41014 |
| has with the department at the time the county board develops the | 41015 |
| component; | 41016 |
| (d) Assurances adequate to the department that the county | 41017 |
| board will comply with all of the following requirements: | 41018 |
| (i) To provide the types of home and community-based services | 41019 |
| specified in the preliminary implementation component required by | 41020 |
| division (A)(3) of this section to at least the number of | 41021 |
| individuals specified in that component; | 41022 |
| (ii) To use any additional funds the county board receives | 41023 |
| for the services to improve the county board's resource | 41024 |
| capabilities for supporting such services available in the county | 41025 |
| at the time the component is developed and to expand the services | 41026 |
| to accommodate the unmet need for those services in the county; | 41027 |
| (iii) To employ a business manager who is either a new | 41028 |
| employee who has earned at least a bachelor's degree in business | 41029 |
| administration or a current employee who has the equivalent | 41030 |
| experience of a bachelor's degree in business administration. If | 41031 |
| the county board will employ a new employee, the county board | 41032 |
| shall include in the component a timeline for employing the | 41033 |
| employee. | 41034 |
| (iv) To employ or contract with a medicaid services manager | 41035 |
| who is either a new employee who has earned at least a bachelor's | 41036 |
| degree or a current employee who has the equivalent experience of | 41037 |
| a bachelor's degree. If the county board will employ a new | 41038 |
| employee, the county board shall include in the component a | 41039 |
| timeline for employing the employee. Two or three county boards | 41040 |
| that have a combined total enrollment in county board services not | 41041 |
| exceeding one thousand individuals as determined pursuant to | 41042 |
| certifications made under division (B) of section 5126.12 of the | 41043 |
| Revised Code may satisfy this requirement by sharing the services | 41044 |
| of a medicaid services manager or using the services of a medicaid | 41045 |
| services manager employed by or under contract with a regional | 41046 |
| council that the county boards establish under section 5126.13 of | 41047 |
| the Revised Code. | 41048 |
| (e) An agreement to comply with the method, developed by | 41049 |
| rules adopted under section 5123.0413 of the Revised Code, of | 41050 |
| paying for extraordinary costs, including extraordinary costs for | 41051 |
| services to individuals with mental retardation or other | 41052 |
| developmental disability, and ensuring the availability of | 41053 |
| adequate funds in the event a county property tax levy for | 41054 |
| services for individuals with mental retardation or other | 41055 |
| developmental disability fails; | 41056 |
| (f) Programmatic and financial accountability measures and | 41057 |
| projected outcomes expected from the implementation of the plan; | 41058 |
| (g) Any other applicable information or conditions that the | 41059 |
| department requires as a condition of approving the component | 41060 |
| under section 5123.046 of the Revised Code. | 41061 |
| (B) For the purpose of obtaining the department's approval | 41062 |
| under section 5123.046 of the Revised Code of the plan the county | 41063 |
| board develops under division (A) of this section, a county board | 41064 |
| shall do all of the following: | 41065 |
| (1) Submit the components required by divisions (A)(1) and | 41066 |
| (2) of this section to the department not later than August 1, | 41067 |
| 2001; | 41068 |
| (2) Submit the component required by division (A)(3) of this | 41069 |
| section to the department not later than January 31, 2002; | 41070 |
| (3) Submit the component required by division (A)(4) of this | 41071 |
| section to the department not later than July 1, 2002. | 41072 |
| (C) A county board whose plan developed under division (A) of | 41073 |
| this section is approved by the department under section 5123.046 | 41074 |
| of the Revised Code shall update and renew the plan in accordance | 41075 |
| with a schedule the department shall develop. | 41076 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 of | 41077 |
| the Revised Code, a county board of mental retardation and | 41078 |
| developmental disabilities has medicaid local administrative | 41079 |
| authority to, and shall, do all of the following for an individual | 41080 |
| with mental retardation or other developmental disability who | 41081 |
| resides in the county that the county board serves and seeks or | 41082 |
| receives home and community-based services: | 41083 |
| (1) Perform assessments and evaluations of the individual. As | 41084 |
| part of the assessment and evaluation process, the county board | 41085 |
| shall do all of the following: | 41086 |
| (a) Make a recommendation to the department of mental | 41087 |
| retardation and developmental disabilities on whether the | 41088 |
| department should approve or deny the individual's application for | 41089 |
| the services, including on the basis of whether the individual | 41090 |
| needs the level of care an intermediate care facility for the | 41091 |
| mentally retarded provides; | 41092 |
| (b) If the individual's application is denied because of the | 41093 |
| county board's recommendation and the individual requests a | 41094 |
| hearing under section 5101.35 of the Revised Code, present, with | 41095 |
| the department of mental retardation and developmental | 41096 |
| disabilities or department of job and family services, whichever | 41097 |
| denies the application, the reasons for the recommendation and | 41098 |
| denial at the hearing; | 41099 |
| (c) If the individual's application is approved, recommend to | 41100 |
| the departments of mental retardation and developmental | 41101 |
| disabilities and job and family services the services that should | 41102 |
| be included in the individual's individualized service plan and, | 41103 |
| if either department approves, reduces, denies, or terminates a | 41104 |
| service included in the individual's individualized service plan | 41105 |
| under section 5111.871 of the Revised Code because of the county | 41106 |
| board's recommendation, present, with the department that made the | 41107 |
| approval, reduction, denial, or termination, the reasons for the | 41108 |
| recommendation and approval, reduction, denial, or termination at | 41109 |
| a hearing under section 5101.35 of the Revised Code. | 41110 |
| (2) If the individual has been identified by the department | 41111 |
| of mental retardation and developmental disabilities as an | 41112 |
| individual to receive priority for home and community-based | 41113 |
| services pursuant to division (D)(3) of section 5126.042 of the | 41114 |
| Revised Code, assist the department in expediting the transfer of | 41115 |
| the individual from an intermediate care facility for the mentally | 41116 |
| retarded or nursing facility to the home and community-based | 41117 |
| services; | 41118 |
| (3) In accordance with the rules adopted under section | 41119 |
| 5126.046 of the Revised Code, perform the county board's duties | 41120 |
| under that section regarding assisting the individual's right to | 41121 |
| choose a qualified and willing provider of the services and, at a | 41122 |
| hearing under section 5101.35 of the Revised Code, present | 41123 |
| evidence of the process for appropriate assistance in choosing | 41124 |
| providers; | 41125 |
| (4) Unless the county board provides the services under | 41126 |
| division (A)(5) of this section, contract with the person or | 41127 |
| government entity the individual chooses in accordance with | 41128 |
| section 5126.046 of the Revised Code to provide the services if | 41129 |
| the person or government entity is qualified and agrees to provide | 41130 |
| the services. The contract shall contain all the provisions | 41131 |
| required by section 5126.035 of the Revised Code and require the | 41132 |
| provider to agree to furnish, in accordance with the provider's | 41133 |
| medicaid provider agreement and for the authorized reimbursement | 41134 |
| rate, the services the individual requires. | 41135 |
| (5) If the county board is certified under section 5123.045 | 41136 |
| of the Revised Code to provide the services and agrees to provide | 41137 |
| the services to the individual and the individual chooses the | 41138 |
| county board to provide the services, furnish, in accordance with | 41139 |
| the county board's medicaid provider agreement and for the | 41140 |
| authorized reimbursement rate, the services the individual | 41141 |
| requires; | 41142 |
| (6) Monitor the services provided to the individual and | 41143 |
| ensure the individual's health, safety, and welfare. The | 41144 |
| monitoring shall include quality assurance activities. If the | 41145 |
| county board provides the services, the department of mental | 41146 |
| retardation and developmental disabilities shall also monitor the | 41147 |
| services. | 41148 |
| (7) Develop, with the individual and the provider of the | 41149 |
| individual's services, an effective individualized service plan | 41150 |
| that includes coordination of services, recommend that the | 41151 |
| departments of mental retardation and developmental disabilities | 41152 |
| and job and family services approve the plan, and implement the | 41153 |
| plan unless either department disapproves it; | 41154 |
| (8) Have an investigative agent conduct investigations under | 41155 |
| section 5126.313 of the Revised Code that concern the individual; | 41156 |
| (9) Have a service and support administrator perform the | 41157 |
| duties under division (B)(9) of section 5126.15 of the Revised | 41158 |
| Code that concern the individual. | 41159 |
| (B) | 41160 |
| 41161 | |
| 41162 | |
| 41163 | |
| 41164 | |
| 41165 | |
| 41166 | |
| 41167 | |
| 41168 |
| | 41169 |
| 41170 | |
| 41171 | |
| 41172 | |
| 41173 |
| | 41174 |
| 41175 | |
| 41176 | |
| 41177 | |
| 41178 | |
| 41179 | |
| 41180 | |
| 41181 | |
| 41182 | |
| 41183 | |
| 41184 | |
| 41185 | |
| 41186 | |
| 41187 |
| | 41188 |
| 41189 | |
| 41190 | |
| 41191 | |
| 41192 | |
| 41193 | |
| 41194 |
| | 41195 |
| 41196 | |
| 41197 | |
| 41198 |
| | 41199 |
| 41200 | |
| 41201 | |
| 41202 | |
| 41203 | |
| 41204 |
| | 41205 |
| 41206 | |
| 41207 | |
| 41208 | |
| 41209 | |
| 41210 | |
| 41211 | |
| 41212 | |
| 41213 | |
| 41214 |
| | 41215 |
| 41216 | |
| 41217 | |
| 41218 | |
| 41219 | |
| 41220 | |
| 41221 |
| | 41222 |
| 41223 | |
| 41224 | |
| 41225 | |
| 41226 |
| | 41227 |
| 41228 | |
| 41229 | |
| 41230 | |
| 41231 | |
| 41232 |
| | 41233 |
| 41234 |
| | 41235 |
| 41236 | |
| 41237 |
| | 41238 |
| administrative authority under this section in accordance with all | 41239 |
| of the following: | 41240 |
| (1) The county board's plan that the department of mental | 41241 |
| retardation and developmental disabilities approves under section | 41242 |
| 5123.046 of the Revised Code; | 41243 |
| (2) All applicable federal and state laws; | 41244 |
| (3) All applicable policies of the departments of mental | 41245 |
| retardation and developmental disabilities and job and family | 41246 |
| services and the United States department of health and human | 41247 |
| services; | 41248 |
| (4) The department of job and family services' supervision | 41249 |
| under its authority under section 5111.01 of the Revised Code to | 41250 |
| act as the single state medicaid agency; | 41251 |
| (5) The department of mental retardation and developmental | 41252 |
| disabilities' oversight. | 41253 |
| | 41254 |
| developmental disabilities and job and family services shall | 41255 |
| communicate with and provide training to county boards regarding | 41256 |
| medicaid local administrative authority granted by this section. | 41257 |
| The communication and training shall include issues regarding | 41258 |
| audit protocols and other standards established by the United | 41259 |
| States department of health and human services that the | 41260 |
| departments determine appropriate for communication and training. | 41261 |
| County boards shall participate in the training. The departments | 41262 |
| shall assess the county board's compliance against uniform | 41263 |
| standards that the departments shall establish. | 41264 |
| | 41265 |
| administrative authority granted under this section but may | 41266 |
| contract with a person or government entity, including a council | 41267 |
| of governments, for assistance with its medicaid local | 41268 |
| administrative authority. A county board that enters into such a | 41269 |
| contract shall notify the director of mental retardation and | 41270 |
| developmental disabilities. The notice shall include the tasks and | 41271 |
| responsibilities that the contract gives to the person or | 41272 |
| government entity. The person or government entity shall comply in | 41273 |
| full with all requirements to which the county board is subject | 41274 |
| regarding the person or government entity's tasks and | 41275 |
| responsibilities under the contract. The county board remains | 41276 |
| ultimately responsible for the tasks and responsibilities. | 41277 |
| | 41278 |
| authority under this section shall, through the departments of | 41279 |
| mental retardation and developmental disabilities and job and | 41280 |
| family services, reply to, and cooperate in arranging compliance | 41281 |
| with, a program or fiscal audit or program violation exception | 41282 |
| that a state or federal audit or review discovers. The department | 41283 |
| of job and family services shall timely notify the department of | 41284 |
| mental retardation and developmental disabilities and the county | 41285 |
| board of any adverse findings. After receiving the notice, the | 41286 |
| county board, in conjunction with the department of mental | 41287 |
| retardation and developmental disabilities, shall cooperate fully | 41288 |
| with the department of job and family services and timely prepare | 41289 |
| and send to the department a written plan of correction or | 41290 |
| response to the adverse findings. The county board is liable for | 41291 |
| any adverse findings that result from an action it takes or fails | 41292 |
| to take in its implementation of medicaid local administrative | 41293 |
| authority. | 41294 |
| | 41295 |
| developmental disabilities or department of job and family | 41296 |
| services determines that a county board's implementation of its | 41297 |
| medicaid local administrative authority under this section is | 41298 |
| deficient, the department that makes the determination shall | 41299 |
| require that county board do the following: | 41300 |
| (1) If the deficiency affects the health, safety, or welfare | 41301 |
| of an individual with mental retardation or other developmental | 41302 |
| disability, correct the deficiency within twenty-four hours; | 41303 |
| (2) If the deficiency does not affect the health, safety, or | 41304 |
| welfare of an individual with mental retardation or other | 41305 |
| developmental disability, receive technical assistance from the | 41306 |
| department or submit a plan of correction to the department that | 41307 |
| is acceptable to the department within sixty days and correct the | 41308 |
| deficiency within the time required by the plan of correction. | 41309 |
| Sec. 5126.056. (A) The department of mental retardation and | 41310 |
| developmental disabilities shall take action under division (B) of | 41311 |
| this section against a county board of mental retardation and | 41312 |
| developmental disabilities if any of the following are the case: | 41313 |
| (1) The county board fails to submit to the department all | 41314 |
| the components of its three-year plan required by section 5126.054 | 41315 |
| of the Revised Code within the time required by division (B) of | 41316 |
| that section. | 41317 |
| (2) The department disapproves the county board's three-year | 41318 |
| plan under section 5123.046 of the Revised Code. | 41319 |
| (3) The county board fails, as required by division (C) of | 41320 |
| section 5126.054 of the Revised Code, to update and renew its | 41321 |
| three-year plan in accordance with a schedule the department | 41322 |
| develops under that section. | 41323 |
| (4) The county board fails to implement its initial or | 41324 |
| renewed three-year plan approved by the department. | 41325 |
| (5) The county board fails to correct a deficiency within the | 41326 |
| time required by division | 41327 |
| Revised Code to the satisfaction of the department. | 41328 |
| (6) The county board fails to submit an acceptable plan of | 41329 |
| correction to the department within the time required by division | 41330 |
| 41331 |
| (B) If required by division (A) of this section to take | 41332 |
| action against a county board, the department shall issue an order | 41333 |
| terminating the county board's medicaid local administrative | 41334 |
| authority over all or part of home and community-based services, | 41335 |
|
medicaid case management services, | 41336 |
| 41337 | |
| both of those services. The department shall provide a copy of the | 41338 |
| order to the board of county commissioners, probate judge, county | 41339 |
| auditor, and president and superintendent of the county board. The | 41340 |
| department shall specify in the order the medicaid local | 41341 |
| administrative authority that the department is terminating, the | 41342 |
| reason for the termination, and the county board's option and | 41343 |
| responsibilities under this division. | 41344 |
| A county board whose medicaid local administrative authority | 41345 |
| is terminated may, not later than thirty days after the department | 41346 |
| issues the termination order, recommend to the department that | 41347 |
| another county board that has not had any of its medicaid local | 41348 |
| administrative authority terminated or another entity the | 41349 |
| department approves administer the services for which the county | 41350 |
| board's medicaid local administrative authority is terminated. The | 41351 |
| department may contract with the other county board or entity to | 41352 |
| administer the services. If the department enters into such a | 41353 |
| contract, the county board shall adopt a resolution giving the | 41354 |
| other county board or entity full medicaid local administrative | 41355 |
| authority over the services that the other county board or entity | 41356 |
| is to administer. The other county board or entity shall be known | 41357 |
| as the contracting authority. | 41358 |
| If the department rejects the county board's recommendation | 41359 |
| regarding a contracting authority, the county board may appeal the | 41360 |
| rejection under section 5123.043 of the Revised Code. | 41361 |
| If the county board does not submit a recommendation to the | 41362 |
| department regarding a contracting authority within the required | 41363 |
| time or the department rejects the county board's recommendation | 41364 |
| and the rejection is upheld pursuant to an appeal, if any, under | 41365 |
| section 5123.043 of the Revised Code, the department shall appoint | 41366 |
| an administrative receiver to administer the services for which | 41367 |
| the county board's medicaid local administrative authority is | 41368 |
| terminated. To the extent necessary for the department to appoint | 41369 |
| an administrative receiver, the department may utilize employees | 41370 |
| of the department, management personnel from another county board, | 41371 |
| or other individuals who are not employed by or affiliated with in | 41372 |
| any manner a person that provides home and community-based | 41373 |
|
services | 41374 |
| 41375 | |
| administrative receiver shall assume full administrative | 41376 |
| responsibility for the county board's services for which the | 41377 |
| county board's medicaid local administrative authority is | 41378 |
| terminated. | 41379 |
| The contracting authority or administrative receiver shall | 41380 |
| develop and submit to the department a plan of correction to | 41381 |
| remediate the problems that caused the department to issue the | 41382 |
| termination order. If, after reviewing the plan, the department | 41383 |
| approves it, the contracting authority or administrative receiver | 41384 |
| shall implement the plan. | 41385 |
| The county board shall transfer control of state and federal | 41386 |
| funds it is otherwise eligible to receive for the services for | 41387 |
| which the county board's medicaid local administrative authority | 41388 |
| is terminated and funds the county board may use under division | 41389 |
| (B) of section 5126.057 of the Revised Code to pay the nonfederal | 41390 |
| share of the services that the county board is required by | 41391 |
| division (A) of that section to pay. The county board shall | 41392 |
| transfer control of the funds to the contracting authority or | 41393 |
| administrative receiver administering the services. The amount the | 41394 |
| county board shall transfer shall be the amount necessary for the | 41395 |
| contracting authority or administrative receiver to fulfill its | 41396 |
| duties in administering the services, including its duties to pay | 41397 |
| its personnel for time worked, travel, and related matters. If the | 41398 |
| county board fails to make the transfer, the department may | 41399 |
| withhold the state and federal funds from the county board and | 41400 |
| bring a mandamus action against the county board in the court of | 41401 |
| common pleas of the county served by the county board or in the | 41402 |
| Franklin county court of common pleas. The mandamus action may not | 41403 |
| require that the county board transfer any funds other than the | 41404 |
| funds the county board is required by division (B) of this section | 41405 |
| to transfer. | 41406 |
| The contracting authority or administrative receiver has the | 41407 |
| right to authorize the payment of bills in the same manner that | 41408 |
| the county board may authorize payment of bills under this chapter | 41409 |
| and section 319.16 of the Revised Code. | 41410 |
| Sec. 5126.057. (A) A county board of mental retardation and | 41411 |
| developmental disabilities that has medicaid local administrative | 41412 |
| authority under division (A) of section 5126.055 of the Revised | 41413 |
| Code for home and community-based services shall pay the | 41414 |
| nonfederal share of medicaid expenditures for such services | 41415 |
| provided to an individual with mental retardation or other | 41416 |
| developmental disability who the county board determines under | 41417 |
| section 5126.041 of the Revised Code is eligible for county board | 41418 |
|
services unless division | 41419 |
| Revised Code requires the department of mental retardation and | 41420 |
| developmental disabilities to pay the nonfederal share. | 41421 |
| A county board that | 41422 |
| 41423 | |
| 41424 | |
| nonfederal share of medicaid expenditures for such services | 41425 |
| provided to an individual with mental retardation or other | 41426 |
| developmental disability who the county board determines under | 41427 |
| section 5126.041 of the Revised Code is eligible for county board | 41428 |
|
services | 41429 |
| 41430 | |
| 41431 |
| | 41432 |
| 41433 | |
| 41434 |
| (B) A county board may use the following funds to pay the | 41435 |
| nonfederal share of the services that the county board is required | 41436 |
| by division (A) of this section to pay: | 41437 |
| (1) To the extent consistent with the levy that generated the | 41438 |
| taxes, the following taxes: | 41439 |
| (a) Taxes levied pursuant to division (L) of section 5705.19 | 41440 |
| of the Revised Code and section 5705.222 of the Revised Code; | 41441 |
| (b) Taxes levied under section 5705.191 of the Revised Code | 41442 |
| that the board of county commissioners allocates to the county | 41443 |
| board to pay the nonfederal share of the services. | 41444 |
| (2) Funds that the department of mental retardation and | 41445 |
| developmental disabilities distributes to the county board under | 41446 |
| sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the | 41447 |
| Revised Code; | 41448 |
| (3) | 41449 |
| 41450 | |
| 41451 |
| | 41452 |
| for medicaid services the county board provides pursuant to the | 41453 |
| county board's valid medicaid provider agreement. | 41454 |
| (C) If by December 31, 2001, the United States secretary of | 41455 |
| health and human services approves at least five hundred more | 41456 |
| slots for home and community-based services for calendar year 2002 | 41457 |
| than were available for calendar year 2001, each county board | 41458 |
| shall provide, by the last day of calendar year 2001, assurances | 41459 |
| to the department of mental retardation and developmental | 41460 |
| disabilities that the county board will have for calendar year | 41461 |
| 2002 at least one-third of the value of one-half, effective mill | 41462 |
| levied in the county the preceding year available to pay the | 41463 |
| nonfederal share of the services that the county board is required | 41464 |
| by division (A) of this section to pay. | 41465 |
| If by December 31, 2002, the United States secretary approves | 41466 |
| at least five hundred more slots for home and community-based | 41467 |
| services for calendar year 2003 than were available for calendar | 41468 |
| year 2002, each county board shall provide, by the last day of | 41469 |
| calendar year 2002, assurances to the department that the county | 41470 |
| board will have for calendar year 2003 at least two-thirds of the | 41471 |
| value of one-half, effective mill levied in the county the | 41472 |
| preceding year available to pay the nonfederal share of the | 41473 |
| services that the county board is required by division (A) of this | 41474 |
| section to pay. | 41475 |
| If by December 31, 2003, the United States secretary approves | 41476 |
| at least five hundred more slots for home and community-based | 41477 |
| services for calendar year 2004 than were available for calendar | 41478 |
| year 2003, each county board shall provide, by the last day of | 41479 |
| calendar year 2003 and each calendar year thereafter, assurances | 41480 |
| to the department that the county board will have for calendar | 41481 |
| year 2004 and each calendar year thereafter at least the value of | 41482 |
| one-half, effective mill levied in the county the preceding year | 41483 |
| available to pay the nonfederal share of the services that the | 41484 |
| county board is required by division (A) of this section to pay. | 41485 |
| (D) Each year, each county board shall adopt a resolution | 41486 |
| specifying the amount of funds it will use in the next year to pay | 41487 |
| the nonfederal share of the services that the county board is | 41488 |
| required by division (A) of this section to pay. The amount | 41489 |
| specified shall be adequate to assure that the services will be | 41490 |
| available in the county in a manner that conforms to all | 41491 |
| applicable state and federal laws. A county board shall state in | 41492 |
| its resolution that the payment of the nonfederal share represents | 41493 |
| an ongoing financial commitment of the county board. A county | 41494 |
| board shall adopt the resolution in time for the county auditor to | 41495 |
| make the determination required by division (E) of this section. | 41496 |
| (E) Each year, a county auditor shall determine whether the | 41497 |
| amount of funds a county board specifies in the resolution it | 41498 |
| adopts under division (D) of this section will be available in the | 41499 |
| following year for the county board to pay the nonfederal share of | 41500 |
| the services that the county board is required by division (A) of | 41501 |
| this section to pay. The county auditor shall make the | 41502 |
| determination not later than the last day of the year before the | 41503 |
| year in which the funds are to be used. | 41504 |
| Sec. 5126.12. (A) As used in this section: | 41505 |
| (1) "Approved school age class" means a class operated by a | 41506 |
| county board of mental retardation and developmental disabilities | 41507 |
| and funded by the department of education under section 3317.20 of | 41508 |
| the Revised Code. | 41509 |
| (2) "Approved preschool unit" means a class or unit operated | 41510 |
| by a county board of mental retardation and developmental | 41511 |
| disabilities and approved under division (B) of section 3317.05 of | 41512 |
| the Revised Code. | 41513 |
| (3) "Active treatment" means a continuous treatment program, | 41514 |
| which includes aggressive, consistent implementation of a program | 41515 |
| of specialized and generic training, treatment, health services, | 41516 |
| and related services, that is directed toward the acquisition of | 41517 |
| behaviors necessary for an individual with mental retardation or | 41518 |
| other developmental disability to function with as much | 41519 |
| self-determination and independence as possible and toward the | 41520 |
| prevention of deceleration, regression, or loss of current optimal | 41521 |
| functional status. | 41522 |
| (4) "Eligible for active treatment" means that an individual | 41523 |
| with mental retardation or other developmental disability resides | 41524 |
| in an intermediate care facility for the mentally retarded | 41525 |
| certified under Title XIX of the "Social Security Act," 79 Stat. | 41526 |
| 286 (1965), 42 U.S.C. 1396, as amended; resides in a state | 41527 |
| institution operated by the department of mental retardation and | 41528 |
| developmental disabilities; or is enrolled in home and | 41529 |
| community-based services. | 41530 |
| (5)
| 41531 |
| 41532 | |
| 41533 | |
| 41534 |
| | 41535 |
| nonvocational activities conducted within a sheltered workshop or | 41536 |
| adult activity center or supportive home services. | 41537 |
| (B) Each county board of mental retardation and developmental | 41538 |
| disabilities shall certify to the director of mental retardation | 41539 |
| and developmental disabilities all of the following: | 41540 |
| (1) On or before the fifteenth day of October, the average | 41541 |
| daily membership for the first full week of programs and services | 41542 |
| during October receiving: | 41543 |
| (a) Early childhood services provided pursuant to section | 41544 |
| 5126.05 of the Revised Code for children who are less than three | 41545 |
| years of age on the thirtieth day of September of the academic | 41546 |
| year; | 41547 |
| (b) Special education for handicapped children in approved | 41548 |
| school age classes; | 41549 |
| (c) Adult services for persons sixteen years of age and older | 41550 |
| operated pursuant to section 5126.05 and division (B) of section | 41551 |
| 5126.051 of the Revised Code. Separate counts shall be made for | 41552 |
| the following: | 41553 |
| (i) Persons enrolled in traditional adult services who are | 41554 |
|
eligible for but not enrolled in active treatment | 41555 |
| 41556 |
| (ii) Persons enrolled in traditional adult services who are | 41557 |
|
eligible for and enrolled in active treatment | 41558 |
| 41559 |
| (iii) Persons enrolled in traditional adult services but who | 41560 |
|
are not eligible for active treatment | 41561 |
| 41562 |
| (iv) Persons participating in community employment services. | 41563 |
| To be counted as participating in community employment services, a | 41564 |
| person must have spent an average of no less than ten hours per | 41565 |
| week in that employment during the preceding six months. | 41566 |
| (d) Other programs in the county for individuals with mental | 41567 |
| retardation and developmental disabilities that have been approved | 41568 |
| for payment of subsidy by the department of mental retardation and | 41569 |
| developmental disabilities. | 41570 |
| The membership in each such program and service in the county | 41571 |
| shall be reported on forms prescribed by the department of mental | 41572 |
| retardation and developmental disabilities. | 41573 |
| The department of mental retardation and developmental | 41574 |
| disabilities shall adopt rules defining full-time equivalent | 41575 |
| enrollees and for determining the average daily membership | 41576 |
| therefrom, except that certification of average daily membership | 41577 |
| in approved school age classes shall be in accordance with rules | 41578 |
| adopted by the state board of education. The average daily | 41579 |
| membership figure shall be determined by dividing the amount | 41580 |
| representing the sum of the number of enrollees in each program or | 41581 |
| service in the week for which the certification is made by the | 41582 |
| number of days the program or service was offered in that week. No | 41583 |
| enrollee may be counted in average daily membership for more than | 41584 |
| one program or service. | 41585 |
| (2) By the fifteenth day of December, the number of children | 41586 |
| enrolled in approved preschool units on the first day of December; | 41587 |
| (3) On or before the thirtieth day of March, an itemized | 41588 |
| report of all income and operating expenditures for the | 41589 |
| immediately preceding calendar year, in the format specified by | 41590 |
| the department of mental retardation and developmental | 41591 |
| disabilities; | 41592 |
| (4) By the fifteenth day of February, a report of the total | 41593 |
| annual cost per enrollee for operation of programs and services in | 41594 |
| the preceding calendar year. The report shall include a grand | 41595 |
| total of all programs operated, the cost of the individual | 41596 |
| programs, and the sources of funds applied to each program. | 41597 |
| (5) That each required certification and report is in | 41598 |
| accordance with rules established by the department of mental | 41599 |
| retardation and developmental disabilities and the state board of | 41600 |
| education for the operation and subsidization of the programs and | 41601 |
| services. | 41602 |
| (C) To compute payments under this section to the board for | 41603 |
| the fiscal year, the department of mental retardation and | 41604 |
| developmental disabilities shall use the certification of average | 41605 |
| daily membership required by division (B)(1) of this section | 41606 |
| exclusive of the average daily membership in any approved school | 41607 |
| age class and the number in any approved preschool unit. | 41608 |
| (D) The department shall pay each county board for each | 41609 |
| fiscal year an amount equal to nine hundred fifty dollars times | 41610 |
| the certified number of persons who on the first day of December | 41611 |
| of the academic year are under three years of age and are not in | 41612 |
| an approved preschool unit. For persons who are at least age | 41613 |
| sixteen and are not in an approved school age class, the | 41614 |
| department shall pay each county board for each fiscal year the | 41615 |
| following amounts: | 41616 |
| (1) One thousand dollars times the certified average daily | 41617 |
| membership of persons enrolled in traditional adult services who | 41618 |
|
are eligible for but not enrolled in active treatment | 41619 |
| 41620 |
| (2) One thousand two hundred dollars times the certified | 41621 |
| average daily membership of persons enrolled in traditional adult | 41622 |
| services who are eligible for and enrolled in active treatment | 41623 |
| 41624 |
| (3) No less than one thousand five hundred dollars times the | 41625 |
| certified average daily membership of persons enrolled in | 41626 |
| traditional adult services but who are not eligible for active | 41627 |
|
treatment | 41628 |
| (4) No less than one thousand five hundred dollars times the | 41629 |
| certified average daily membership of persons participating in | 41630 |
| community employment services. | 41631 |
| (E) The department shall distribute this subsidy to county | 41632 |
| boards in quarterly installments of equal amounts. The | 41633 |
| installments shall be made not later than the thirtieth day of | 41634 |
| September, the thirty-first day of December, the thirty-first day | 41635 |
| of March, and the thirtieth day of June. | 41636 |
| (F) The director of mental retardation and developmental | 41637 |
| disabilities shall make efforts to obtain increases in the | 41638 |
| subsidies for early childhood services and adult services so that | 41639 |
| the amount of the subsidies is equal to at least fifty per cent of | 41640 |
| the statewide average cost of those services minus any applicable | 41641 |
| federal reimbursements for those services. The director shall | 41642 |
| advise the director of budget and management of the need for any | 41643 |
| such increases when submitting the biennial appropriations request | 41644 |
| for the department. | 41645 |
| (G) In determining the reimbursement of a county board for | 41646 |
| the provision of service and support administration, family | 41647 |
| support services, and other services required or approved by the | 41648 |
| director for which children three through twenty-one years of age | 41649 |
| are eligible, the department shall include the average daily | 41650 |
| membership in approved school age or preschool units. The | 41651 |
| department, in accordance with this section and upon receipt and | 41652 |
| approval of the certification required by this section and any | 41653 |
| other information it requires to enable it to determine a board's | 41654 |
| payments, shall pay the agency providing the specialized training | 41655 |
| the amounts payable under this section. | 41656 |
| Sec. 5139.01. (A) As used in this chapter: | 41657 |
| (1) "Commitment" means the transfer of the physical custody | 41658 |
| of a child or youth from the court to the department of youth | 41659 |
| services. | 41660 |
| (2) "Permanent commitment" means a commitment that vests | 41661 |
| legal custody of a child in the department of youth services. | 41662 |
| (3) "Legal custody," insofar as it pertains to the status | 41663 |
| that is created when a child is permanently committed to the | 41664 |
| department of youth services, means a legal status in which the | 41665 |
| department has the following rights and responsibilities: the | 41666 |
| right to have physical possession of the child; the right and duty | 41667 |
| to train, protect, and control the child; the responsibility to | 41668 |
| provide the child with food, clothing, shelter, education, and | 41669 |
| medical care; and the right to determine where and with whom the | 41670 |
| child shall live, subject to the minimum periods of, or periods | 41671 |
| of, institutional care prescribed in sections 2152.13 to 2152.18 | 41672 |
| of the Revised Code; provided, that these rights and | 41673 |
| responsibilities are exercised subject to the powers, rights, | 41674 |
| duties, and responsibilities of the guardian of the person of the | 41675 |
| child, and subject to any residual parental rights and | 41676 |
| responsibilities. | 41677 |
| (4) Unless the context requires a different meaning, | 41678 |
| "institution" means a state facility that is created by the | 41679 |
| general assembly and that is under the management and control of | 41680 |
| the department of youth services or a private entity with which | 41681 |
| the department has contracted for the institutional care and | 41682 |
| custody of felony delinquents. | 41683 |
| (5) "Full-time care" means care for twenty-four hours a day | 41684 |
| for over a period of at least two consecutive weeks. | 41685 |
| (6) "Placement" means the conditional release of a child | 41686 |
| under the terms and conditions that are specified by the | 41687 |
| department of youth services. The department shall retain legal | 41688 |
| custody of a child released pursuant to division (C) of section | 41689 |
| 2152.22 of the Revised Code or division (C) of section 5139.06 of | 41690 |
| the Revised Code until the time that it discharges the child or | 41691 |
| until the legal custody is terminated as otherwise provided by | 41692 |
| law. | 41693 |
| (7) "Home placement" means the placement of a child in the | 41694 |
| home of the child's parent or parents or in the home of the | 41695 |
| guardian of the child's person. | 41696 |
| (8) "Discharge" means that the department of youth services' | 41697 |
| legal custody of a child is terminated. | 41698 |
| (9) "Release" means the termination of a child's stay in an | 41699 |
| institution and the subsequent period during which the child | 41700 |
| returns to the community under the terms and conditions of | 41701 |
| supervised release. | 41702 |
| (10) "Delinquent child" has the same meaning as in section | 41703 |
| 2152.02 of the Revised Code. | 41704 |
| (11) "Felony delinquent" means any child who is at least ten | 41705 |
| years of age but less than eighteen years of age and who is | 41706 |
| adjudicated a delinquent child for having committed an act that if | 41707 |
| committed by an adult would be a felony. "Felony delinquent" | 41708 |
| includes any adult who is between the ages of eighteen and | 41709 |
| twenty-one and who is in the legal custody of the department of | 41710 |
| youth services for having committed an act that if committed by an | 41711 |
| adult would be a felony. | 41712 |
| (12) "Juvenile traffic offender" has the same meaning as in | 41713 |
| section 2152.02 of the Revised Code. | 41714 |
| (13) "Public safety beds" means all of the following: | 41715 |
| (a) Felony delinquents who have been committed to the | 41716 |
| department of youth services for the commission of an act, other | 41717 |
| than a violation of section 2911.01 or 2911.11 of the Revised | 41718 |
| Code, that is a category one offense or a category two offense and | 41719 |
| who are in the care and custody of an institution or have been | 41720 |
| diverted from care and custody in an institution and placed in a | 41721 |
| community corrections facility; | 41722 |
| (b) Felony delinquents who, while committed to the department | 41723 |
| of youth services and in the care and custody of an institution or | 41724 |
| a community corrections facility, are adjudicated delinquent | 41725 |
| children for having committed in that institution or community | 41726 |
| corrections facility an act that if committed by an adult would be | 41727 |
| a misdemeanor or a felony; | 41728 |
| (c) Children who satisfy all of the following: | 41729 |
| (i) They are at least ten years of age but less than eighteen | 41730 |
| years of age. | 41731 |
| (ii) They are adjudicated delinquent children for having | 41732 |
| committed acts that if committed by an adult would be a felony. | 41733 |
| (iii) They are committed to the department of youth services | 41734 |
| by the juvenile court of a county that has had one-tenth of one | 41735 |
| per cent or less of the statewide adjudications for felony | 41736 |
| delinquents as averaged for the past four fiscal years. | 41737 |
| (iv) They are in the care and custody of an institution or a | 41738 |
| community corrections facility. | 41739 |
| (d) Felony delinquents who, while committed to the department | 41740 |
| of youth services and in the care and custody of an institution | 41741 |
| are serving disciplinary time for having committed an act | 41742 |
| described in division (A) | 41743 |
| and who have been institutionalized or institutionalized in a | 41744 |
| secure facility for the minimum period of time specified in | 41745 |
| divisions (A)(1)(b) to (e) of section 2152.16 of the Revised Code. | 41746 |
| (e) Felony delinquents who are subject to and serving a | 41747 |
| three-year period of commitment order imposed by a juvenile court | 41748 |
| pursuant to divisions (A) and (B) of section 2152.17 of the | 41749 |
| Revised Code for an act, other than a violation of section 2911.11 | 41750 |
| of the Revised Code, that would be a category one offense or | 41751 |
| category two offense if committed by an adult. | 41752 |
| (f) Felony delinquents who are described in divisions | 41753 |
| (A)(13)(a) to (e) of this section, who have been granted a | 41754 |
| judicial release to court supervision under division (B) of | 41755 |
| section 2152.22 of the Revised Code or a judicial release to the | 41756 |
| department of youth services supervision under division (C) of | 41757 |
| that section from the commitment to the department of youth | 41758 |
| services for the act described in divisions (A)(13)(a) to (e) of | 41759 |
| this section, who have violated the terms and conditions of that | 41760 |
| release, and who, pursuant to an order of the court of the county | 41761 |
| in which the particular felony delinquent was placed on release | 41762 |
| that is issued pursuant to division (D) of section 2152.22 of the | 41763 |
| Revised Code, have been returned to the department for | 41764 |
| institutionalization or institutionalization in a secure facility. | 41765 |
| (g) Felony delinquents who have been committed to the custody | 41766 |
| of the department of youth services, who have been granted | 41767 |
| supervised release from the commitment pursuant to section 5139.51 | 41768 |
| of the Revised Code, who have violated the terms and conditions of | 41769 |
| that supervised release, and who, pursuant to an order of the | 41770 |
| court of the county in which the particular child was placed on | 41771 |
| supervised release issued pursuant to division (F) of section | 41772 |
| 5139.52 of the Revised Code, have had the supervised release | 41773 |
| revoked and have been returned to the department for | 41774 |
| institutionalization. A felony delinquent described in this | 41775 |
| division shall be a public safety bed only for the time during | 41776 |
| which the felony delinquent is institutionalized as a result of | 41777 |
| the revocation subsequent to the initial thirty-day period of | 41778 |
| institutionalization required by division (F) of section 5139.52 | 41779 |
| of the Revised Code. | 41780 |
| (14) Unless the context requires a different meaning, | 41781 |
| "community corrections facility" means a county or multicounty | 41782 |
| rehabilitation center for felony delinquents who have been | 41783 |
| committed to the department of youth services and diverted from | 41784 |
| care and custody in an institution and placed in the | 41785 |
| rehabilitation center pursuant to division (E) of section 5139.36 | 41786 |
| of the Revised Code. | 41787 |
| (15) "Secure facility" means any facility that is designed | 41788 |
| and operated to ensure that all of its entrances and exits are | 41789 |
| under the exclusive control of its staff and to ensure that, | 41790 |
| because of that exclusive control, no child who has been | 41791 |
| institutionalized in the facility may leave the facility without | 41792 |
| permission or supervision. | 41793 |
| (16) "Community residential program" means a program that | 41794 |
| satisfies both of the following: | 41795 |
| (a) It is housed in a building or other structure that has no | 41796 |
| associated major restraining construction, including, but not | 41797 |
| limited to, a security fence. | 41798 |
| (b) It provides twenty-four-hour care, supervision, and | 41799 |
| programs for felony delinquents who are in residence. | 41800 |
| (17) "Category one offense" and "category two offense" have | 41801 |
| the same meanings as in section 2151.26 of the Revised Code. | 41802 |
| (18) "Disciplinary time" means additional time that the | 41803 |
| department of youth services requires a felony delinquent to serve | 41804 |
| in an institution, that delays the felony delinquent's planned | 41805 |
| release, and that the department imposes upon the felony | 41806 |
| delinquent following the conduct of an internal due process | 41807 |
| hearing for having committed any of the following acts while | 41808 |
| committed to the department and in the care and custody of an | 41809 |
| institution: | 41810 |
| (a) An act that if committed by an adult would be a felony; | 41811 |
| (b) An act that if committed by an adult would be a | 41812 |
| misdemeanor; | 41813 |
| (c) An act that is not described in division (A)(18)(a) or | 41814 |
| (b) of this section and that violates an institutional rule of | 41815 |
| conduct of the department. | 41816 |
| (19) "Unruly child" has the same meaning as in section | 41817 |
| 2151.022 of the Revised Code. | 41818 |
| (20) "Revocation" means the act of revoking a child's | 41819 |
| supervised release for a violation of a term or condition of the | 41820 |
| child's supervised release in accordance with section 5139.52 of | 41821 |
| the Revised Code. | 41822 |
| (21) "Release authority" means the release authority of the | 41823 |
| department of youth services that is established by section | 41824 |
| 5139.50 of the Revised Code. | 41825 |
| (22) "Supervised release" means the event of the release of a | 41826 |
| child under this chapter from an institution and the period after | 41827 |
| that release during which the child is supervised and assisted by | 41828 |
| an employee of the department of youth services under specific | 41829 |
| terms and conditions for reintegration of the child into the | 41830 |
| community. | 41831 |
| (23) "Victim" means the person identified in a police report, | 41832 |
| complaint, or information as the victim of an act that would have | 41833 |
| been a criminal offense if committed by an adult and that provided | 41834 |
| the basis for adjudication proceedings resulting in a child's | 41835 |
| commitment to the legal custody of the department of youth | 41836 |
| services. | 41837 |
| (24) "Victim's representative" means a member of the victim's | 41838 |
| family or another person whom the victim or another authorized | 41839 |
| person designates in writing, pursuant to section 5139.56 of the | 41840 |
| Revised Code, to represent the victim with respect to proceedings | 41841 |
| of the release authority of the department of youth services and | 41842 |
| with respect to other matters specified in that section. | 41843 |
| (25) "Member of the victim's family" means a spouse, child, | 41844 |
| stepchild, sibling, parent, stepparent, grandparent, other | 41845 |
| relative, or legal guardian of a child but does not include a | 41846 |
| person charged with, convicted of, or adjudicated a delinquent | 41847 |
| child for committing a criminal or delinquent act against the | 41848 |
| victim or another criminal or delinquent act arising out of the | 41849 |
| same conduct, criminal or delinquent episode, or plan as the | 41850 |
| criminal or delinquent act committed against the victim. | 41851 |
| (26) "Judicial release to court supervision" means a release | 41852 |
| of a child from institutional care or institutional care in a | 41853 |
| secure facility that is granted by a court pursuant to division | 41854 |
| (B) of section 2152.22 of the Revised Code during the period | 41855 |
| specified in that division. | 41856 |
| (27) "Judicial release to department of youth services | 41857 |
| supervision" means a release of a child from institutional care or | 41858 |
| institutional care in a secure facility that is granted by a court | 41859 |
| pursuant to division (C) of section 2152.22 of the Revised Code | 41860 |
| during the period specified in that division. | 41861 |
| (28) "Juvenile justice system" includes all of the functions | 41862 |
| of the juvenile courts, the department of youth services, any | 41863 |
| public or private agency whose purposes include the prevention of | 41864 |
| delinquency or the diversion, adjudication, detention, or | 41865 |
| rehabilitation of delinquent children, and any of the functions of | 41866 |
| the criminal justice system that are applicable to children. | 41867 |
| (29) "Metropolitan county criminal justice services agency" | 41868 |
| means an agency that is established pursuant to division (A) of | 41869 |
|
section | 41870 |
| (30) "Administrative planning district" means a district that | 41871 |
|
is established pursuant to division (A) or (B) of section | 41872 |
| 5502.66 of the Revised Code. | 41873 |
| (31) "Criminal justice coordinating council" means a criminal | 41874 |
| justice services agency that is established pursuant to division | 41875 |
|
(D) of section | 41876 |
| (32) "Comprehensive plan" means a document that coordinates, | 41877 |
| evaluates, and otherwise assists, on an annual or multi-year | 41878 |
| basis, all of the functions of the juvenile justice systems of the | 41879 |
| state or a specified area of the state, that conforms to the | 41880 |
| priorities of the state with respect to juvenile justice systems, | 41881 |
| and that conforms with the requirements of all federal criminal | 41882 |
| justice acts. These functions include, but are not limited to, all | 41883 |
| of the following: | 41884 |
| (a) Delinquency; | 41885 |
| (b) Identification, detection, apprehension, and detention of | 41886 |
| persons charged with delinquent acts; | 41887 |
| (c) Assistance to crime victims or witnesses, except that the | 41888 |
| comprehensive plan does not include the functions of the attorney | 41889 |
| general pursuant to sections 109.91 and 109.92 of the Revised | 41890 |
| Code; | 41891 |
| (d) Adjudication or diversion of persons charged with | 41892 |
| delinquent acts; | 41893 |
| (e) Custodial treatment of delinquent children; | 41894 |
| (f) Institutional and noninstitutional rehabilitation of | 41895 |
| delinquent children. | 41896 |
| (B) There is hereby created the department of youth services. | 41897 |
| The governor shall appoint the director of the department with the | 41898 |
| advice and consent of the senate. The director shall hold office | 41899 |
| during the term of the appointing governor but subject to removal | 41900 |
| at the pleasure of the governor. Except as otherwise authorized in | 41901 |
| section 108.05 of the Revised Code, the director shall devote the | 41902 |
| director's entire time to the duties of the director's office and | 41903 |
| shall hold no other office or position of trust or profit during | 41904 |
| the director's term of office. | 41905 |
| The director is the chief executive and administrative | 41906 |
| officer of the department and has all the powers of a department | 41907 |
| head set forth in Chapter 121. of the Revised Code. The director | 41908 |
| may adopt rules for the government of the department, the conduct | 41909 |
| of its officers and employees, the performance of its business, | 41910 |
| and the custody, use, and preservation of the department's | 41911 |
| records, papers, books, documents, and property. The director | 41912 |
| shall be an appointing authority within the meaning of Chapter | 41913 |
| 124. of the Revised Code. Whenever this or any other chapter or | 41914 |
| section of the Revised Code imposes a duty on or requires an | 41915 |
| action of the department, the duty or action shall be performed by | 41916 |
| the director or, upon the director's order, in the name of the | 41917 |
| department. | 41918 |
| Sec. 5139.36. (A) In accordance with this section and the | 41919 |
| rules adopted under it and from funds appropriated to the | 41920 |
| department of youth services for the purposes of this section, the | 41921 |
| department shall make grants that provide financial resources to | 41922 |
| operate community corrections facilities for felony delinquents. | 41923 |
| (B)(1) Each community corrections facility that intends to | 41924 |
| seek a grant under this section shall file an application with the | 41925 |
| department of youth services at the time and in accordance with | 41926 |
| the procedures that the department shall establish by rules | 41927 |
| adopted in accordance with Chapter 119. of the Revised Code. In | 41928 |
| addition to other items required to be included in the | 41929 |
| application, a plan that satisfies both of the following shall be | 41930 |
| included: | 41931 |
| (a) It reduces the number of felony delinquents committed to | 41932 |
| the department from the county or counties associated with the | 41933 |
| community corrections facility. | 41934 |
| (b) It ensures equal access for minority felony delinquents | 41935 |
| to the programs and services for which a potential grant would be | 41936 |
| used. | 41937 |
| (2) The department of youth services shall review each | 41938 |
| application submitted pursuant to division (B)(1) of this section | 41939 |
| to determine whether the plan described in that division, the | 41940 |
| community corrections facility, and the application comply with | 41941 |
| this section and the rules adopted under it. | 41942 |
| (C) To be eligible for a grant under this section and for | 41943 |
| continued receipt of moneys comprising a grant under this section, | 41944 |
| a community corrections facility shall satisfy at least all of the | 41945 |
| following requirements: | 41946 |
| (1) Be constructed, reconstructed, improved, or financed by | 41947 |
| the Ohio building authority pursuant to section 307.021 of the | 41948 |
| Revised Code and Chapter 152. of the Revised Code for the use of | 41949 |
| the department of youth services and be designated as a community | 41950 |
| corrections facility; | 41951 |
| (2) Have written standardized criteria governing the types of | 41952 |
| felony delinquents that are eligible for the programs and services | 41953 |
| provided by the facility; | 41954 |
| (3) Have a written standardized intake screening process and | 41955 |
| an intake committee that at least performs both of the following | 41956 |
| tasks: | 41957 |
| (a) Screens all eligible felony delinquents who are being | 41958 |
| considered for admission to the facility in lieu of commitment to | 41959 |
| the department; | 41960 |
| (b) Notifies, within ten days after the date of the referral | 41961 |
| of a felony delinquent to the facility, the committing court | 41962 |
| whether the felony delinquent will be admitted to the facility. | 41963 |
| (4) Comply with all applicable fiscal and program rules that | 41964 |
| the department adopts in accordance with Chapter 119. of the | 41965 |
| Revised Code and demonstrate that felony delinquents served by the | 41966 |
| facility have been or will be diverted from a commitment to the | 41967 |
| department. | 41968 |
| (D) The department of youth services shall determine the | 41969 |
| method of distribution of the funds appropriated for grants under | 41970 |
| this section to community corrections facilities. | 41971 |
| (E)(1) The department of youth services shall adopt rules in | 41972 |
| accordance with Chapter 119. of the Revised Code to establish the | 41973 |
| minimum occupancy threshold of community corrections facilities. | 41974 |
| (2) The department may make referrals for the placement of | 41975 |
| children in its custody to a community corrections facility | 41976 |
| 41977 | |
| 41978 | |
| forty-five days prior to the referral of a child or within any | 41979 |
| shorter period prior to the referral of the child that the | 41980 |
| committing court may allow, the department shall notify the | 41981 |
| committing court of its intent to place the child in a community | 41982 |
| corrections facility. The court shall have thirty days after the | 41983 |
| receipt of the notice to approve or disapprove the placement. If | 41984 |
| the court does not respond to the notice of the placement within | 41985 |
| that thirty-day period, the department shall proceed with the | 41986 |
| placement and debit the county in accordance with sections 5139.41 | 41987 |
| to 5139.43 of the Revised Code. A child placed in a community | 41988 |
| corrections facility pursuant to this division shall remain in the | 41989 |
| legal custody of the department of youth services during the | 41990 |
| period in which the child is in the community corrections | 41991 |
| facility. | 41992 |
| (3) Counties that are not associated with a community | 41993 |
| corrections facility may refer children to a community corrections | 41994 |
| facility with the consent of the facility. The department of youth | 41995 |
| services shall debit the county that makes the referral in | 41996 |
| accordance with sections 5139.41 to 5139.43 of the Revised Code. | 41997 |
| (F) If the board or other governing body of a community | 41998 |
| corrections facility establishes an advisory board, the board or | 41999 |
| other governing authority of the community corrections facility | 42000 |
| shall reimburse the members of the advisory board for their actual | 42001 |
| and necessary expenses incurred in the performance of their | 42002 |
| official duties on the advisory board. The members of advisory | 42003 |
| boards shall serve without compensation. | 42004 |
| Sec. 5153.16. (A) Except as provided in section 2151.422 of | 42005 |
| the Revised Code, in accordance with rules of the department of | 42006 |
| job and family services, and on behalf of children in the county | 42007 |
| whom the public children services agency considers to be in need | 42008 |
| of public care or protective services, the public children | 42009 |
| services agency shall do all of the following: | 42010 |
| (1) Make an investigation concerning any child alleged to be | 42011 |
| an abused, neglected, or dependent child; | 42012 |
| (2) Enter into agreements with the parent, guardian, or other | 42013 |
| person having legal custody of any child, or with the department | 42014 |
| of job and family services, department of mental health, | 42015 |
| department of mental retardation and developmental disabilities, | 42016 |
| other department, any certified organization within or outside the | 42017 |
| county, or any agency or institution outside the state, having | 42018 |
| legal custody of any child, with respect to the custody, care, or | 42019 |
| placement of any child, or with respect to any matter, in the | 42020 |
| interests of the child, provided the permanent custody of a child | 42021 |
| shall not be transferred by a parent to the public children | 42022 |
| services agency without the consent of the juvenile court; | 42023 |
| (3) Accept custody of children committed to the public | 42024 |
| children services agency by a court exercising juvenile | 42025 |
| jurisdiction; | 42026 |
| (4) Provide such care as the public children services agency | 42027 |
| considers to be in the best interests of any child adjudicated to | 42028 |
| be an abused, neglected, or dependent child the agency finds to be | 42029 |
| in need of public care or service; | 42030 |
| (5) Provide social services to any unmarried girl adjudicated | 42031 |
| to be an abused, neglected, or dependent child who is pregnant | 42032 |
| with or has been delivered of a child; | 42033 |
| (6) Make available to the bureau for children with medical | 42034 |
| handicaps of the department of health at its request any | 42035 |
| information concerning a crippled child found to be in need of | 42036 |
| treatment under sections 3701.021 to 3701.028 of the Revised Code | 42037 |
| who is receiving services from the public children services | 42038 |
| agency; | 42039 |
| (7) Provide temporary emergency care for any child considered | 42040 |
| by the public children services agency to be in need of such care, | 42041 |
| without agreement or commitment; | 42042 |
| (8) Find certified foster homes, within or outside the | 42043 |
| county, for the care of children, including handicapped children | 42044 |
| from other counties attending special schools in the county; | 42045 |
| (9) Subject to the approval of the board of county | 42046 |
| commissioners and the state department of job and family services, | 42047 |
| establish and operate a training school or enter into an agreement | 42048 |
| with any municipal corporation or other political subdivision of | 42049 |
| the county respecting the operation, acquisition, or maintenance | 42050 |
| of any children's home, training school, or other institution for | 42051 |
| the care of children maintained by such municipal corporation or | 42052 |
| political subdivision; | 42053 |
| (10) Acquire and operate a county children's home, establish, | 42054 |
| maintain, and operate a receiving home for the temporary care of | 42055 |
| children, or procure certified foster homes for this purpose; | 42056 |
| (11) Enter into an agreement with the trustees of any | 42057 |
| district children's home, respecting the operation of the district | 42058 |
| children's home in cooperation with the other county boards in the | 42059 |
| district; | 42060 |
| (12) Cooperate with, make its services available to, and act | 42061 |
| as the agent of persons, courts, the department of job and family | 42062 |
| services, the department of health, and other organizations within | 42063 |
| and outside the state, in matters relating to the welfare of | 42064 |
| children, except that the public children services agency shall | 42065 |
| not be required to provide supervision of or other services | 42066 |
| related to the exercise of parenting time rights granted pursuant | 42067 |
| to section 3109.051 or 3109.12 of the Revised Code or | 42068 |
| companionship or visitation rights granted pursuant to section | 42069 |
| 3109.051, 3109.11, or 3109.12 of the Revised Code unless a | 42070 |
| juvenile court, pursuant to Chapter 2151. of the Revised Code, or | 42071 |
| a common pleas court, pursuant to division (E)(6) of section | 42072 |
| 3113.31 of the Revised Code, requires the provision of supervision | 42073 |
| or other services related to the exercise of the parenting time | 42074 |
| rights or companionship or visitation rights; | 42075 |
| (13) Make investigations at the request of any superintendent | 42076 |
| of schools in the county or the principal of any school concerning | 42077 |
| the application of any child adjudicated to be an abused, | 42078 |
| neglected, or dependent child for release from school, where such | 42079 |
| service is not provided through a school attendance department; | 42080 |
| (14) Administer funds provided under Title IV-E of the | 42081 |
| "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as | 42082 |
| amended, in accordance with rules adopted under section 5101.141 | 42083 |
| of the Revised Code; | 42084 |
| (15) In addition to administering Title IV-E adoption | 42085 |
| assistance funds, enter into agreements to make adoption | 42086 |
| assistance payments under section 5153.163 of the Revised Code; | 42087 |
| (16) Implement a system of risk assessment, in accordance | 42088 |
| with rules adopted by the director of job and family services, to | 42089 |
| assist the public children services agency in determining the risk | 42090 |
| of abuse or neglect to a child; | 42091 |
| (17) Enter into a plan of cooperation with the board of | 42092 |
| county commissioners under section 307.983 of the Revised Code and | 42093 |
| comply with each fiscal agreement the board enters into under | 42094 |
| section 307.98 of the Revised Code that include family services | 42095 |
| duties of public children services agencies and contracts the | 42096 |
| board enters into under sections 307.981 and 307.982 of the | 42097 |
| Revised Code that affect the public children services agency; | 42098 |
| (18) Make reasonable efforts to prevent the removal of an | 42099 |
| alleged or adjudicated abused, neglected, or dependent child from | 42100 |
| the child's home, eliminate the continued removal of the child | 42101 |
| from the child's home, or make it possible for the child to return | 42102 |
| home safely, except that reasonable efforts of that nature are not | 42103 |
| required when a court has made a determination under division | 42104 |
| (A)(2) of section 2151.419 of the Revised Code; | 42105 |
| (19) Make reasonable efforts to place the child in a timely | 42106 |
| manner in accordance with the permanency plan approved under | 42107 |
| division (E) of section 2151.417 of the Revised Code and to | 42108 |
| complete whatever steps are necessary to finalize the permanent | 42109 |
| placement of the child; | 42110 |
| (20) Administer a Title IV-A program identified under | 42111 |
|
division (A) | 42112 |
| Code that the department of job and family services provides for | 42113 |
| the public children services agency to administer under the | 42114 |
| department's supervision pursuant to section 5101.801 of the | 42115 |
| Revised Code; | 42116 |
| (21) Provide independent living services pursuant to sections | 42117 |
| 2151.81 to 2151.84 of the Revised Code. | 42118 |
| (B) The public children services agency shall use the system | 42119 |
| implemented pursuant to division (B)(16) of this section in | 42120 |
| connection with an investigation undertaken pursuant to division | 42121 |
| (F)(1) of section 2151.421 of the Revised Code and may use the | 42122 |
| system at any other time the agency is involved with any child | 42123 |
| when the agency determines that risk assessment is necessary. | 42124 |
| (C) Except as provided in section 2151.422 of the Revised | 42125 |
| Code, in accordance with rules of the director of job and family | 42126 |
| services, and on behalf of children in the county whom the public | 42127 |
| children services agency considers to be in need of public care or | 42128 |
| protective services, the public children services agency may do | 42129 |
| the following: | 42130 |
| (1) Provide or find, with other child serving systems, | 42131 |
| specialized foster care for the care of children in a specialized | 42132 |
| foster home, as defined in section 5103.02 of the Revised Code, | 42133 |
| certified under section 5103.03 of the Revised Code; | 42134 |
| (2)(a) Except as limited by divisions (C)(2)(b) and (c) of | 42135 |
| this section, contract with the following for the purpose of | 42136 |
| assisting the agency with its duties: | 42137 |
| (i) County departments of job and family services; | 42138 |
| (ii) Boards of alcohol, drug addiction, and mental health | 42139 |
| services; | 42140 |
| (iii) County boards of mental retardation and developmental | 42141 |
| disabilities; | 42142 |
| (iv) Regional councils of political subdivisions established | 42143 |
| under Chapter 167. of the Revised Code; | 42144 |
| (v) Private and government providers of services; | 42145 |
| (vi) Managed care organizations and prepaid health plans. | 42146 |
| (b) A public children services agency contract under division | 42147 |
| (C)(2)(a) of this section regarding the agency's duties under | 42148 |
| section 2151.421 of the Revised Code may not provide for the | 42149 |
| entity under contract with the agency to perform any service not | 42150 |
| authorized by the department's rules. | 42151 |
| (c) Only a county children services board appointed under | 42152 |
| section 5153.03 of the Revised Code that is a public children | 42153 |
| services agency may contract under division (C)(2)(a) of this | 42154 |
| section. If an entity specified in division (B) or (C) of section | 42155 |
| 5153.02 of the Revised Code is the public children services agency | 42156 |
| for a county, the board of county commissioners may enter into | 42157 |
| contracts pursuant to section 307.982 of the Revised Code | 42158 |
| regarding the agency's duties. | 42159 |
| Sec. 5502.01. (A) The department of public safety shall | 42160 |
| administer and enforce the laws relating to the registration, | 42161 |
| licensing, sale, and operation of motor vehicles and the laws | 42162 |
| pertaining to the licensing of drivers of motor vehicles. | 42163 |
| The department shall compile, analyze, and publish statistics | 42164 |
| relative to motor vehicle accidents and the causes of them, | 42165 |
| prepare and conduct educational programs for the purpose of | 42166 |
| promoting safety in the operation of motor vehicles on the | 42167 |
| highways, and conduct research and studies for the purpose of | 42168 |
| promoting safety on the highways of this state. | 42169 |
| (B) The department shall administer the laws and rules | 42170 |
| relative to trauma and emergency medical services specified in | 42171 |
| Chapter 4765. of the Revised Code. | 42172 |
| (C) The department shall administer and enforce the laws | 42173 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 42174 |
| enforce the rules and orders of the liquor control commission | 42175 |
| pertaining to retail liquor permit holders. | 42176 |
| (D) The department shall administer the laws governing the | 42177 |
| state emergency management agency and shall enforce all additional | 42178 |
| duties and responsibilities as prescribed in the Revised Code | 42179 |
| related to emergency management services. | 42180 |
| (E) The department shall conduct investigations pursuant to | 42181 |
| Chapter 5101. of the Revised Code in support of the duty of the | 42182 |
| department of job and family services to administer food stamp | 42183 |
| programs throughout this state. The department of public safety | 42184 |
| shall conduct investigations necessary to protect the state's | 42185 |
| property rights and interests in the food stamp program. | 42186 |
| (F) The department of public safety shall enforce compliance | 42187 |
| with orders and rules of the public utilities commission and | 42188 |
| applicable laws in accordance with Chapters 4919., 4921., and | 42189 |
| 4923. of the Revised Code regarding commercial motor vehicle | 42190 |
| transportation safety, economic, and hazardous materials | 42191 |
| requirements. | 42192 |
| (G) Notwithstanding Chapter 4117. of the Revised Code, the | 42193 |
| department of public safety may establish requirements for its | 42194 |
| enforcement personnel, including its enforcement agents described | 42195 |
| in section 5502.14 of the Revised Code, that include standards of | 42196 |
| conduct, work rules and procedures, and criteria for eligibility | 42197 |
| as law enforcement personnel. | 42198 |
| (H) The department shall administer, maintain, and operate | 42199 |
| the Ohio criminal justice network. The Ohio criminal justice | 42200 |
| network shall be a computer network that supports state and local | 42201 |
| criminal justice activities. The network shall be an electronic | 42202 |
| repository for various data, which may include arrest warrants, | 42203 |
| notices of persons wanted by law enforcement agencies, criminal | 42204 |
| records, prison inmate records, stolen vehicle records, vehicle | 42205 |
| operator's licenses, and vehicle registrations and titles. | 42206 |
| (I) The department shall coordinate all homeland security | 42207 |
| activities of all state agencies and shall be a liaison between | 42208 |
| state agencies and local entities for those activities and related | 42209 |
| purposes. | 42210 |
| (J) Beginning July 1, 2004, the department shall administer | 42211 |
| and enforce the laws relative to private investigators and | 42212 |
| security service providers specified in Chapter 4749. of the | 42213 |
| Revised Code. | 42214 |
| (K) The department shall administer criminal justice services | 42215 |
| in accordance with sections 5502.61 to 5502.66 of the Revised | 42216 |
| Code. | 42217 |
| | 42218 |
| 42219 |
| (A) "Federal criminal justice acts" means any federal law | 42220 |
| that authorizes financial assistance and other forms of assistance | 42221 |
| to be given by the federal government to the states to be used for | 42222 |
| the improvement of the criminal and juvenile justice systems of | 42223 |
| the states. | 42224 |
| (B)(1) "Criminal justice system" includes all of the | 42225 |
| functions of the following: | 42226 |
| (a) The state highway patrol, county sheriff offices, | 42227 |
| municipal and township police departments, and all other law | 42228 |
| enforcement agencies; | 42229 |
| (b) The courts of appeals, courts of common pleas, municipal | 42230 |
| courts, county courts, and mayor's courts, when dealing with | 42231 |
| criminal cases; | 42232 |
| (c) The prosecuting attorneys, city directors of law, village | 42233 |
| solicitors, and other prosecuting authorities when prosecuting or | 42234 |
| otherwise handling criminal cases and the county and joint county | 42235 |
| public defenders and other public defender agencies or offices; | 42236 |
| (d) The department of rehabilitation and correction, | 42237 |
| probation departments, county and municipal jails and workhouses, | 42238 |
| and any other department, agency, or facility that is concerned | 42239 |
| with the rehabilitation or correction of criminal offenders; | 42240 |
| (e) Any public or private agency whose purposes include the | 42241 |
| prevention of crime or the diversion, adjudication, detention, or | 42242 |
| rehabilitation of criminal offenders; | 42243 |
| (f) Any public or private agency, the purposes of which | 42244 |
| include assistance to crime victims or witnesses. | 42245 |
| (2) The inclusion of any public or private agency, the | 42246 |
| purposes of which include assistance to crime victims or | 42247 |
| witnesses, as part of the criminal justice system pursuant to | 42248 |
| division (B)(1) of this section does not limit, and shall not be | 42249 |
| construed as limiting, the discretion or authority of the attorney | 42250 |
| general with respect to crime victim assistance and criminal | 42251 |
| justice programs. | 42252 |
| (C) "Juvenile justice system" includes all of the functions | 42253 |
| of the juvenile courts, the department of youth services, any | 42254 |
| public or private agency whose purposes include the prevention of | 42255 |
| delinquency or the diversion, adjudication, detention, or | 42256 |
| rehabilitation of delinquent children, and any of the functions of | 42257 |
| the criminal justice system that are applicable to children. | 42258 |
| (D) "Comprehensive plan" means a document that coordinates, | 42259 |
| evaluates, and otherwise assists, on an annual or multi-year | 42260 |
| basis, any of the functions of the criminal and juvenile justice | 42261 |
| systems of the state or a specified area of the state, that | 42262 |
| conforms to the priorities of the state with respect to criminal | 42263 |
| and juvenile justice systems, and that conforms with the | 42264 |
| requirements of all federal criminal justice acts. These functions | 42265 |
| may include, but are not limited to, any of the following: | 42266 |
| (1) Crime and delinquency prevention; | 42267 |
| (2) Identification, detection, apprehension, and detention of | 42268 |
| persons charged with criminal offenses or delinquent acts; | 42269 |
| (3) Assistance to crime victims or witnesses, except that the | 42270 |
| comprehensive plan does not include the functions of the attorney | 42271 |
| general pursuant to sections 109.91 and 109.92 of the Revised | 42272 |
| Code; | 42273 |
| (4) Adjudication or diversion of persons charged with | 42274 |
| criminal offenses or delinquent acts; | 42275 |
| (5) Custodial treatment of criminal offenders, delinquent | 42276 |
| children, or both; | 42277 |
| (6) Institutional and noninstitutional rehabilitation of | 42278 |
| criminal offenders, delinquent children, or both. | 42279 |
| (E) "Metropolitan county criminal justice services agency" | 42280 |
| means an agency that is established pursuant to division (A) of | 42281 |
|
section | 42282 |
| (F) "Administrative planning district" means a district that | 42283 |
|
is established pursuant to division (A)
or (B) of section | 42284 |
| 5502.66 of the Revised Code. | 42285 |
| (G) "Criminal justice coordinating council" means a criminal | 42286 |
| justice services agency that is established pursuant to division | 42287 |
|
(D) of section | 42288 |
| (H) "Local elected official" means any person who is a member | 42289 |
| of a board of county commissioners or township trustees or of a | 42290 |
| city or village council, judge of the court of common pleas, a | 42291 |
| municipal court, or a county court, sheriff, county coroner, | 42292 |
| prosecuting attorney, city director of law, village solicitor, or | 42293 |
| mayor. | 42294 |
| (I) "Juvenile justice coordinating council" means a juvenile | 42295 |
| justice services agency that is established pursuant to division | 42296 |
|
(D) of section | 42297 |
| | 42298 |
| in the department of public safety a division of criminal justice | 42299 |
| services. The | 42300 |
| concurrence of the governor, shall appoint | 42301 |
|
of the | 42302 |
| 42303 | |
| 42304 | |
| 42305 | |
| services. The executive director shall be the head of the | 42306 |
| division. The executive director shall serve at the pleasure of | 42307 |
| the director of public safety. To carry out the duties assigned | 42308 |
| under this section and to comply with sections 5502.63 to 5502.66 | 42309 |
| of the Revised Code, the executive director, subject to the | 42310 |
| direction and control of the director of public safety, may | 42311 |
| appoint and maintain any necessary staff and may enter into any | 42312 |
| necessary contracts and other agreements. The executive director | 42313 |
| and the assistant executive
director of the | 42314 |
| all professional and technical personnel employed within the | 42315 |
| 42316 | |
| 4117.01 of the Revised Code, shall be in the unclassified civil | 42317 |
| service, and all other persons employed within the office shall be | 42318 |
| in the
classified civil service. | 42319 |
| 42320 | |
| 42321 |
| (B) Subject to division (E) of this section and subject to | 42322 |
| divisions (D) to (F) of section 5120.09 of the Revised Code | 42323 |
| insofar as those divisions relate to federal criminal justice acts | 42324 |
| that the governor requires the department of rehabilitation and | 42325 |
|
correction to administer, the | 42326 |
| services shall do all of the following: | 42327 |
| (1) Serve as the state criminal justice services agency and | 42328 |
| perform criminal justice system planning in the state, including | 42329 |
| any planning that is required by any federal law; | 42330 |
| (2) Collect, analyze, and correlate information and data | 42331 |
| concerning the criminal justice system in the state; | 42332 |
| (3) Cooperate with and provide technical assistance to state | 42333 |
| departments, administrative planning districts, metropolitan | 42334 |
| county criminal justice services agencies, criminal justice | 42335 |
| coordinating councils, agencies, offices, and departments of the | 42336 |
| criminal justice system in the state, and other appropriate | 42337 |
| organizations and persons; | 42338 |
| (4) Encourage and assist agencies, offices, and departments | 42339 |
| of the criminal justice system in the state and other appropriate | 42340 |
| organizations and persons to solve problems that relate to the | 42341 |
| duties of the | 42342 |
| (5) Administer within the state any federal criminal justice | 42343 |
| acts that the governor requires it to administer; | 42344 |
| (6) Administer funds received under the "Family Violence | 42345 |
| Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 42346 |
| 10401, as amended, with all powers necessary for the adequate | 42347 |
| administration of those funds, including the authority to | 42348 |
| establish a family violence prevention and services program. | 42349 |
| (7) Implement the state comprehensive plans; | 42350 |
| (8) Audit grant activities of agencies, offices, | 42351 |
| organizations, and persons that are financed in whole or in part | 42352 |
|
by funds granted through the | 42353 |
| (9) Monitor or evaluate the performance of criminal justice | 42354 |
| system projects and programs in the state that are financed in | 42355 |
|
whole or in part by funds granted through the
| 42356 |
| (10) Apply for, allocate, disburse, and account for grants | 42357 |
| that are made available pursuant to federal criminal justice acts, | 42358 |
| or made available from other federal, state, or private sources, | 42359 |
| to improve the criminal justice system in the state. All money | 42360 |
| from such federal grants shall, if the terms under which the money | 42361 |
| is received require that the money be deposited into an | 42362 |
| interest-bearing fund or account, be deposited in the state | 42363 |
| treasury to the credit of the federal program purposes fund, which | 42364 |
| is hereby created. All investment earnings of the fund shall be | 42365 |
| credited to the fund. | 42366 |
| (11) Contract with federal, state, and local agencies, | 42367 |
| foundations, corporations, businesses, and persons when necessary | 42368 |
|
to carry out the duties of the | 42369 |
| (12) Oversee the activities of metropolitan county criminal | 42370 |
| justice services agencies, administrative planning districts, and | 42371 |
| criminal justice coordinating councils in the state; | 42372 |
| (13) Advise the director of public safety, general assembly, | 42373 |
| and governor on legislation and other significant matters that | 42374 |
| pertain to the improvement and reform of criminal and juvenile | 42375 |
| justice systems in the state; | 42376 |
| (14) Prepare and recommend legislation to the director of | 42377 |
| public safety, general assembly, and governor for the improvement | 42378 |
| of the criminal and juvenile justice systems in the state; | 42379 |
| (15) Assist, advise, and make any reports that are requested | 42380 |
| or required by the governor, director of public safety, attorney | 42381 |
| general, or general assembly; | 42382 |
| (16) | 42383 |
| safety, adopt rules pursuant to Chapter 119. of the Revised Code. | 42384 |
| (C) Upon the request of the director of public safety or | 42385 |
| governor, the | 42386 |
| any of the following: | 42387 |
| (1) Collect, analyze, or correlate information and data | 42388 |
| concerning the juvenile justice system in the state; | 42389 |
| (2) Cooperate with and provide technical assistance to state | 42390 |
| departments, administrative planning districts, metropolitan | 42391 |
| county criminal justice service agencies, criminal justice | 42392 |
| coordinating councils, agency offices, and the departments of the | 42393 |
| juvenile justice system in the state and other appropriate | 42394 |
| organizations and persons; | 42395 |
| (3) Encourage and assist agencies, offices, and departments | 42396 |
| of the juvenile justice system in the state and other appropriate | 42397 |
| organizations and persons to solve problems that relate to the | 42398 |
|
duties of the | 42399 |
| (D) Divisions (B) and (C) of this section do not limit the | 42400 |
| discretion or authority of the attorney general with respect to | 42401 |
| crime victim assistance and criminal justice programs. | 42402 |
| (E) Nothing in this section is intended to diminish or alter | 42403 |
| the status of the office of the attorney general as a criminal | 42404 |
| justice services agency. | 42405 |
| | 42406 |
| services in the department of public safety shall prepare a poster | 42407 |
| and a brochure that describe safe firearms practices. The poster | 42408 |
| and brochure shall contain typeface that is at least one-quarter | 42409 |
| inch tall. The | 42410 |
| and brochure free of charge to each federally licensed firearms | 42411 |
| dealer in this state. | 42412 |
| As used in this section, "federally licensed firearms dealer" | 42413 |
| means an importer, manufacturer, or dealer having a license to | 42414 |
| deal in destructive devices or their ammunition, issued and in | 42415 |
| effect pursuant to the federal "Gun Control Act of 1968," 82 Stat. | 42416 |
| 1213, 18 U.S.C. 923 et seq., and any amendments or additions to | 42417 |
| that act or reenactments of that act. | 42418 |
| | 42419 |
| agreement with the largest city within the county to establish a | 42420 |
| metropolitan county criminal justice services agency, if the | 42421 |
| population of the county exceeds five hundred thousand or the | 42422 |
| population of the city exceeds two hundred fifty thousand. | 42423 |
| (B) A metropolitan county criminal justice services agency | 42424 |
| shall do all of the following: | 42425 |
| (1) Accomplish criminal and juvenile justice systems planning | 42426 |
| within its services area; | 42427 |
| (2) Collect, analyze, and correlate information and data | 42428 |
| concerning the criminal and juvenile justice systems within its | 42429 |
| services area; | 42430 |
| (3) Cooperate with and provide technical assistance to all | 42431 |
| criminal and juvenile justice agencies and systems and other | 42432 |
| appropriate organizations and persons within its services area; | 42433 |
| (4) Encourage and assist agencies of the criminal and | 42434 |
| juvenile justice systems and other appropriate organizations and | 42435 |
| persons to solve problems that relate to its duties; | 42436 |
| (5) Administer within its services area any federal criminal | 42437 |
|
justice acts or juvenile justice acts that the | 42438 |
| criminal justice services pursuant to section 5139.11 of the | 42439 |
| Revised Code or the department of youth services administers | 42440 |
| within the state; | 42441 |
| (6) Implement the comprehensive plans for its services area; | 42442 |
| (7) Monitor or evaluate, within its services area, the | 42443 |
| performance of the criminal and juvenile justice systems projects | 42444 |
| and programs that are financed in whole or in part by funds | 42445 |
| granted through it; | 42446 |
| (8) Apply for, allocate, and disburse grants that are made | 42447 |
| available pursuant to any federal criminal justice acts, or | 42448 |
| pursuant to any other federal, state, or private sources for the | 42449 |
| purpose of improving the criminal and juvenile justice systems; | 42450 |
| (9) Contract with federal, state, and local agencies, | 42451 |
| foundations, corporations, and other businesses or persons to | 42452 |
| carry out the duties of the agency. | 42453 |
| | 42454 |
|
criminal
justice purposes pursuant to section | 42455 |
|
the Revised Code,
the | 42456 |
| shall provide funds to metropolitan county criminal justice | 42457 |
| services agencies for the purpose of developing, coordinating, | 42458 |
| evaluating, and implementing comprehensive plans within their | 42459 |
| respective
counties. The | 42460 |
| services shall provide funds to an agency only if it complies with | 42461 |
| the conditions of division (B) of this section. | 42462 |
| (2) When funds are available for juvenile justice purposes | 42463 |
|
pursuant to section | 42464 |
| department of youth services shall provide funds to metropolitan | 42465 |
| county criminal justice services agencies for the purpose of | 42466 |
| developing, coordinating, evaluating, and implementing | 42467 |
| comprehensive plans within their respective counties. The | 42468 |
| department shall provide funds to an agency only if it complies | 42469 |
| with the conditions of division (B) of this section. | 42470 |
| (B) A metropolitan county criminal justice services agency | 42471 |
| shall do all of the following: | 42472 |
| (1) Submit, in a form that is acceptable to the | 42473 |
| division of criminal justice services or the department of youth | 42474 |
| services pursuant to section 5139.01 of the Revised Code, a | 42475 |
| comprehensive plan for the county; | 42476 |
| (2) Establish a metropolitan county criminal justice services | 42477 |
| supervisory board whose members shall include a majority of the | 42478 |
| local elected officials in the county and representatives from law | 42479 |
| enforcement agencies, courts, prosecuting authorities, public | 42480 |
| defender agencies, rehabilitation and correction agencies, | 42481 |
| community organizations, juvenile justice services agencies, | 42482 |
| professionals, and private citizens in the county, and that shall | 42483 |
| have the authority set forth in division (C) of this section; | 42484 |
| (3) Organize in the manner provided in sections 167.01 to | 42485 |
| 167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code, | 42486 |
| unless the board created pursuant to division (B)(2) of this | 42487 |
| section organizes pursuant to these sections. | 42488 |
| (C) A metropolitan county criminal justice services | 42489 |
| supervisory board shall do all of the following: | 42490 |
| (1) Exercise leadership in improving the quality of the | 42491 |
| criminal and juvenile justice systems in the county; | 42492 |
| (2) Review, approve, and maintain general oversight of the | 42493 |
| comprehensive plans for the county and the implementation of the | 42494 |
| plans; | 42495 |
| (3) Review and comment on the overall needs and | 42496 |
| accomplishments of the criminal and juvenile justice systems in | 42497 |
| the county; | 42498 |
| (4) Establish, as required to comply with this division, task | 42499 |
| forces, ad hoc committees, and other committees, whose members | 42500 |
| shall be appointed by the chairperson of the board; | 42501 |
| (5) Establish any rules that the board considers necessary | 42502 |
| and that are consistent with the federal criminal justice acts and | 42503 |
|
section | 42504 |
| | 42505 |
|
county
criminal justice services agency does not exist, the
| 42506 |
| division of
criminal justice services shall discharge the | 42507 |
| division's
duties
that
the | 42508 |
| requires it to administer by establishing administrative planning | 42509 |
| districts for criminal justice programs. An administrative | 42510 |
| planning district shall contain a group of contiguous counties in | 42511 |
| which no county has a metropolitan county criminal justice | 42512 |
| services agency. | 42513 |
| (B) In counties in which a metropolitan county criminal | 42514 |
| justice services agency does not exist, the department of youth | 42515 |
| services shall discharge pursuant to section 5139.11 of the | 42516 |
| Revised Code the department's duty by establishing administrative | 42517 |
| planning districts for juvenile justice programs. | 42518 |
| (C) All administrative planning districts shall contain a | 42519 |
| group of contiguous counties in which no county has a metropolitan | 42520 |
| county criminal justice services agency. | 42521 |
| (D) Any county or any combination of contiguous counties | 42522 |
| within an administrative planning district may form a criminal | 42523 |
| justice coordinating council or a juvenile justice coordinating | 42524 |
| council for its respective programs, if the county or the group of | 42525 |
| counties has a total population in excess of two hundred fifty | 42526 |
| thousand. The council shall comply with the conditions set forth | 42527 |
|
in divisions (B) and (C) of section | 42528 |
| Code, and exercise within its jurisdiction the powers and duties | 42529 |
| set
forth in division (B) of section | 42530 |
| Code. | 42531 |
| Sec. 5701.03. As used in Title LVII of the Revised Code: | 42532 |
| (A) "Personal property" includes every tangible thing that is | 42533 |
| the subject of ownership, whether animate or inanimate, including | 42534 |
| a business fixture, and that does not constitute real property as | 42535 |
| defined in section 5701.02 of the Revised Code. "Personal | 42536 |
| property" also includes every share, portion, right, or interest, | 42537 |
| either legal or equitable, in and to every ship, vessel, or boat, | 42538 |
| used or designed to be used in business either exclusively or | 42539 |
| partially in navigating any of the waters within or bordering on | 42540 |
| this state, whether such ship, vessel, or boat is within the | 42541 |
| jurisdiction of this state or elsewhere. "Personal property" does | 42542 |
| not include money as defined in section 5701.04 of the Revised | 42543 |
| Code, motor vehicles registered by the owner thereof, electricity, | 42544 |
| or, for purposes of any tax levied on personal property before tax | 42545 |
| year 2006, patterns, jigs, dies, or drawings that are held for use | 42546 |
| and not for sale in the ordinary course of business, except to the | 42547 |
| extent that the value of the electricity, patterns, jigs, dies, or | 42548 |
| drawings is included in the valuation of inventory produced for | 42549 |
| sale. | 42550 |
| (B) "Business fixture" means an item of tangible personal | 42551 |
| property that has become permanently attached or affixed to the | 42552 |
| land or to a building, structure, or improvement, and that | 42553 |
| primarily benefits the business conducted by the occupant on the | 42554 |
| premises and not the realty. "Business fixture" includes, but is | 42555 |
| not limited to, machinery, equipment, signs, storage bins and | 42556 |
| tanks, whether above or below ground, and broadcasting, | 42557 |
| transportation, transmission, and distribution systems, whether | 42558 |
| above or below ground. "Business fixture" also means those | 42559 |
| portions of buildings, structures, and improvements that are | 42560 |
| specially designed, constructed, and used for the business | 42561 |
| conducted in the building, structure, or improvement, including, | 42562 |
| but not limited to, foundations and supports for machinery and | 42563 |
| equipment. "Business fixture" does not include fixtures that are | 42564 |
| common to buildings, including, but not limited to, heating, | 42565 |
| ventilation, and air conditioning systems primarily used to | 42566 |
| control the environment for people or animals, tanks, towers, and | 42567 |
| lines for potable water or water for fire control, electrical and | 42568 |
| communication lines, and other fixtures that primarily benefit the | 42569 |
| realty and not the business conducted by the occupant on the | 42570 |
| premises. For tax year 2006 and each tax year thereafter, railroad | 42571 |
| tracks are real property and not business fixtures. | 42572 |
| Sec. 5703.052. (A) There is hereby created in the state | 42573 |
| treasury the tax refund fund, from which refunds shall be paid for | 42574 |
| taxes illegally or erroneously assessed or collected, or for any | 42575 |
| other reason overpaid, that are levied by Chapter 4301., 4305., | 42576 |
| 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748., | 42577 |
| 5749., or
| 42578 |
| 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 | 42579 |
| of the Revised Code. Refunds for fees illegally or erroneously | 42580 |
| assessed or collected, or for any other reason overpaid, that are | 42581 |
| levied by sections 3734.90 to 3734.9014 of the Revised Code also | 42582 |
| shall be paid from the fund. However, refunds for taxes levied | 42583 |
| under section 5739.101 of the Revised Code shall not be paid from | 42584 |
| the tax refund fund, but shall be paid as provided in section | 42585 |
| 5739.104 of the Revised Code. | 42586 |
| (B)(1) Upon certification by the tax commissioner to the | 42587 |
| treasurer of state of a tax refund or fee refund, or by the | 42588 |
| superintendent of insurance of a domestic or foreign insurance tax | 42589 |
| refund, the treasurer of state shall place the amount certified to | 42590 |
| the credit of the fund. The certified amount transferred shall be | 42591 |
| derived from current receipts of the same tax or the fee from | 42592 |
| which the refund arose. If current receipts from the tax or fee | 42593 |
| from which the refund arose are inadequate to make the transfer of | 42594 |
| the amount so certified, the treasurer of state shall transfer | 42595 |
| such certified amount from current receipts of the sales tax | 42596 |
| levied by section 5739.02 of the Revised Code. | 42597 |
| (2) When the treasurer of state provides for the payment of a | 42598 |
| refund of a tax or fee from the current receipts of the sales tax, | 42599 |
| and the refund is for a tax or fee that is not levied by the | 42600 |
| state, the tax commissioner shall recover the amount of that | 42601 |
| refund from the next distribution of that tax or fee that | 42602 |
| otherwise would be made to the taxing jurisdiction. If the amount | 42603 |
| to be recovered would exceed twenty-five per cent of the next | 42604 |
| distribution of that tax or fee, the commissioner may spread the | 42605 |
| recovery over more than one future distribution, taking into | 42606 |
| account the amount to be recovered and the amount of the | 42607 |
| anticipated future distributions. In no event may the commissioner | 42608 |
| spread the recovery over a period to exceed twenty-four months. | 42609 |
| Sec. 5703.053. As used in this section, "postal service" | 42610 |
| means the United States postal service. | 42611 |
| An application to the tax commissioner for a tax refund under | 42612 |
| section 4307.05, 4307.07, 5727.28, 5727.91, 5728.061, 5735.122, | 42613 |
| 5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, | 42614 |
|
5743.53,
5745.11,
5749.08, or | 42615 |
| or division (B) of section 5703.05 of the Revised Code, or a fee | 42616 |
| refunded under section 3734.905 of the Revised Code, that is | 42617 |
| received after the last day for filing under such section shall be | 42618 |
| considered to have been filed in a timely manner if: | 42619 |
| (A) The application is delivered by the postal service and | 42620 |
| the earliest postal service postmark on the cover in which the | 42621 |
| application is enclosed is not later than the last day for filing | 42622 |
| the application; | 42623 |
| (B) The application is delivered by the postal service, the | 42624 |
| only postmark on the cover in which the application is enclosed | 42625 |
| was affixed by a private postal meter, the date of that postmark | 42626 |
| is not later than the last day for filing the application, and the | 42627 |
| application is received within seven days of such last day; or | 42628 |
| (C) The application is delivered by the postal service, no | 42629 |
| postmark date was affixed to the cover in which the application is | 42630 |
| enclosed or the date of the postmark so affixed is not legible, | 42631 |
| and the application is received within seven days of the last day | 42632 |
| for making the application. | 42633 |
| Sec. 5703.057. (A) For the efficient administration of the | 42634 |
| taxes and fees administered by the tax commissioner, the | 42635 |
| commissioner may require that any person filing a tax document | 42636 |
| with the department of taxation provide identifying information, | 42637 |
| which may include the person's social security number, federal | 42638 |
| employer identification number, or other identification number | 42639 |
| requested by the commissioner. A person required by the | 42640 |
| commissioner to provide identifying information who has | 42641 |
| experienced any change with respect to that information shall | 42642 |
| notify the commissioner of the change prior to, or upon, filing | 42643 |
| the next tax document requiring such identifying information. | 42644 |
| (B) When transmitting or otherwise making use of a tax | 42645 |
| document that contains a person's social security number, the | 42646 |
| commissioner shall take all reasonable measures necessary to | 42647 |
| ensure that the number is not capable of being viewed by the | 42648 |
| general public, including, when necessary, masking the number so | 42649 |
| that it is not readily discernible by the general public. | 42650 |
| (C)(1) If the commissioner makes a request for identifying | 42651 |
| information and the commissioner does not receive valid | 42652 |
| identifying information within thirty days of making the request, | 42653 |
| the commissioner may impose a penalty upon the person to whom the | 42654 |
| request was directed of up to one hundred dollars. If, after the | 42655 |
| expiration of this thirty day period, the commissioner makes one | 42656 |
| or more subsequent requests for identifying information and the | 42657 |
| person to whom the subsequent request is directed fails to provide | 42658 |
| valid identifying information within thirty days of the | 42659 |
| commissioner's subsequent request, the commissioner may impose an | 42660 |
| additional penalty of up to two hundred dollars for each | 42661 |
| subsequent request not complied with in a timely fashion. | 42662 |
| (2) If a person required by the commissioner to provide | 42663 |
| identifying information does not notify the commissioner of a | 42664 |
| change with respect to that information as required under division | 42665 |
| (A) of this section within thirty days after filing the next tax | 42666 |
| document requiring such identifying information, the commissioner | 42667 |
| may impose a penalty of up to fifty dollars. | 42668 |
| (3) The penalties provided for under divisions (C)(1) and (2) | 42669 |
| of this section may be billed and assessed in the same manner as | 42670 |
| the tax or fee with respect to which the identifying information | 42671 |
| is sought and are in addition to any applicable criminal penalties | 42672 |
| described in division (D) of this section and any other penalties | 42673 |
| that may be imposed by the commissioner by law. | 42674 |
| (D) Section 5703.26 of the Revised Code applies with respect | 42675 |
| to false or fraudulent identifying information provided by a | 42676 |
| person to the commissioner under this section. | 42677 |
| Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the | 42678 |
| Revised Code: | 42679 |
| (A) "Tax" includes only those taxes imposed on tangible | 42680 |
| personal property listed in accordance with Chapter 5711. of the | 42681 |
| Revised Code and taxes imposed under Chapters 5733., 5739., 5741., | 42682 |
| 42683 |
| (B) "Taxpayer" means a person subject to or potentially | 42684 |
| subject to a tax including an employer required to deduct and | 42685 |
| withhold any amount under section 5747.06 of the Revised Code. | 42686 |
| (C) "Audit" means | 42687 |
| 42688 | |
| to one or more of the taxpayer's business locations, or other | 42689 |
| locations designated by the taxpayer, to inspect the books, | 42690 |
| records, memoranda, or accounts of a taxpayer for the purpose of | 42691 |
| determining liability for a tax. "Audit" does not include the | 42692 |
| service of an assessment or any other type of documents and | 42693 |
| notifications to a taxpayer, and does not include an investigation | 42694 |
| by an enforcement agent or another employee of the department to | 42695 |
| verify a taxpayer has the appropriate license or registration, | 42696 |
| conduct a test purchase, or other similar investigation. | 42697 |
| (D) "Assessment" means a notice of underpayment or nonpayment | 42698 |
| of a tax issued pursuant to section 5711.26, 5711.32, 5733.11, | 42699 |
| 5739.13, 5741.11, 5741.13, | 42700 |
| Code. | 42701 |
| (E) "County auditor" means the auditor of the county in which | 42702 |
| the tangible personal property subject to a tax is located. | 42703 |
| Sec. 5703.70. (A) On the filing of an application for refund | 42704 |
| under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91, | 42705 |
| 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, | 42706 |
| 5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53, | 42707 |
| 42708 | |
| compensation under section 5739.123 of the Revised Code, if the | 42709 |
| tax commissioner determines that the amount of the refund or | 42710 |
| compensation to which the applicant is entitled is less than the | 42711 |
| amount claimed in the application, the commissioner shall give the | 42712 |
| applicant written notice by ordinary mail of the amount. The | 42713 |
| notice shall be sent to the address shown on the application | 42714 |
| unless the applicant notifies the commissioner of a different | 42715 |
| address. The applicant shall have sixty days from the date the | 42716 |
| commissioner mails the notice to provide additional information to | 42717 |
| the commissioner or request a hearing, or both. | 42718 |
| (B) If the applicant neither requests a hearing nor provides | 42719 |
| additional information to the tax commissioner within the time | 42720 |
| prescribed by division (A) of this section, the commissioner shall | 42721 |
| take no further action, and the refund amount or compensation | 42722 |
| amount denied becomes final. | 42723 |
| (C)(1) If the applicant requests a hearing within the time | 42724 |
| prescribed by division (A) of this section, the tax commissioner | 42725 |
| shall assign a time and place for the hearing and notify the | 42726 |
| applicant of such time and place, but the commissioner may | 42727 |
| continue the hearing from time to time as necessary. After the | 42728 |
| hearing, the commissioner may make such adjustments to the refund | 42729 |
| or compensation as the commissioner finds proper, and shall issue | 42730 |
| a final determination thereon. | 42731 |
| (2) If the applicant does not request a hearing, but provides | 42732 |
| additional information, within the time prescribed by division (A) | 42733 |
| of this section, the commissioner shall review the information, | 42734 |
| make such adjustments to the refund or compensation as the | 42735 |
| commissioner finds proper, and issue a final determination | 42736 |
| thereon. | 42737 |
| (3) The commissioner shall serve a copy of the final | 42738 |
| determination made under division (C)(1) or (2) of this section on | 42739 |
| the applicant in the manner provided in section 5703.37 of the | 42740 |
| Revised Code, and the decision is final, subject to appeal under | 42741 |
| section 5717.02 of the Revised Code. | 42742 |
| (D) The tax commissioner shall certify to the director of | 42743 |
| budget and management and treasurer of state for payment from the | 42744 |
| tax refund fund created by section 5703.052 of the Revised Code, | 42745 |
| the amount of the refund to be refunded under division (B) or (C) | 42746 |
| of this section. The commissioner also shall certify to the | 42747 |
| director and treasurer of state for payment from the general | 42748 |
| revenue fund the amount of compensation to be paid under division | 42749 |
| (B) or (C) of this section. | 42750 |
| Sec. 5703.80. There is hereby created in the state treasury | 42751 |
| the property tax administration fund. All money to the credit of | 42752 |
| the fund shall be used to defray the costs incurred by the | 42753 |
| department of taxation in administering the taxation of property | 42754 |
| and the equalization of real property valuation. | 42755 |
| Each fiscal year between the first and fifteenth days of | 42756 |
| July, the tax commissioner shall compute the following amounts for | 42757 |
| the property in each taxing district in each county, and certify | 42758 |
| to the director of budget and management the sum of those amounts | 42759 |
| for all taxing districts in all counties: | 42760 |
|
(A) | 42761 |
| hundredths of one per cent of the total amount by which taxes | 42762 |
| charged against real property on the general tax list of real and | 42763 |
| public utility property were reduced under section 319.302 of the | 42764 |
| Revised Code for the preceding tax year; | 42765 |
|
(B) | 42766 |
| thirty-five hundredths of one per cent of the total amount by | 42767 |
| which taxes charged against real property on the general tax list | 42768 |
| of real and public utility property were reduced under section | 42769 |
| 319.302 of the Revised Code for the preceding tax year; | 42770 |
| (C) For fiscal year 2006, one-half of one per cent of the | 42771 |
| total amount of taxes charged and payable against public utility | 42772 |
| personal property on the general tax list of real and public | 42773 |
| utility property for the preceding tax year and of the total | 42774 |
| amount of taxes charged and payable against tangible personal | 42775 |
| property on the general tax list of personal property of the | 42776 |
| preceding tax year and for which returns were filed with the tax | 42777 |
| commissioner under section 5711.13 of the Revised Code; | 42778 |
| | 42779 |
| hundredths of one per cent of the total amount of taxes charged | 42780 |
| and payable against public utility personal property on the | 42781 |
| general tax list of real and public utility property for the | 42782 |
| preceding tax year and of the total amount of taxes charged and | 42783 |
| payable against tangible personal property on the general tax list | 42784 |
| of personal property of the preceding tax year and for which | 42785 |
| returns were filed with the tax commissioner under section 5711.13 | 42786 |
| of the Revised Code; | 42787 |
| (E) For fiscal year 2008 and thereafter, six-tenths of one | 42788 |
| per cent of the total amount of taxes charged and payable against | 42789 |
| public utility personal property on the general tax list of real | 42790 |
| and public utility property for the preceding tax year and of the | 42791 |
| total amount of taxes charged and payable against tangible | 42792 |
| personal property on the general tax list of personal property of | 42793 |
| the preceding tax year and for which returns were filed with the | 42794 |
| tax commissioner under section 5711.13 of the Revised Code. | 42795 |
| After receiving the tax commissioner's certification, the | 42796 |
| director of budget and management shall transfer from the general | 42797 |
| revenue fund to the property tax administration fund one-fourth of | 42798 |
| the amount certified on or before each of the following days: the | 42799 |
| first days of August, November, February, and May. | 42800 |
| On or before the thirtieth day of June of the fiscal year, | 42801 |
| the tax commissioner shall certify to the director of budget and | 42802 |
| management the sum of the amounts by which the amounts computed | 42803 |
| for a taxing district under | 42804 |
| section exceeded the distributions to the taxing district under | 42805 |
| division (F) of section 321.24 of the Revised Code, and the | 42806 |
| director shall transfer that sum from the property tax | 42807 |
| administration fund to the general revenue fund. | 42808 |
| Sec. 5705.091. The board of county commissioners of each | 42809 |
| county shall establish a county mental retardation and | 42810 |
| developmental disabilities general fund. Notwithstanding sections | 42811 |
| 5705.09 and 5705.10 of the Revised Code, proceeds from levies | 42812 |
| under section 5705.222 and division (L) of section 5705.19 of the | 42813 |
| Revised Code shall be deposited to the credit of the county mental | 42814 |
| retardation and developmental disabilities general fund. Accounts | 42815 |
| shall be established within the county mental retardation and | 42816 |
| developmental disabilities general fund for each of the several | 42817 |
| particular purposes of the levies as specified in the resolutions | 42818 |
| under which the levies were approved, and proceeds from different | 42819 |
| levies that were approved for the same particular purpose shall be | 42820 |
| credited to accounts for that purpose. Other money received by the | 42821 |
| county for the purposes of Chapters 3323. and 5126. of the Revised | 42822 |
| Code and not required by state or federal law to be deposited to | 42823 |
| the credit of a different fund shall also be deposited to the | 42824 |
| credit of the county mental retardation and developmental | 42825 |
| disabilities general fund, in an account appropriate to the | 42826 |
| particular purpose for which the money was received. Unless | 42827 |
| otherwise provided by law, an unexpended balance at the end of a | 42828 |
| fiscal year in any account in the county mental retardation and | 42829 |
| developmental disabilities general fund shall be appropriated the | 42830 |
| next fiscal year to the same fund. | 42831 |
| A county board of mental retardation and developmental | 42832 |
| disabilities may request, by resolution, that the board of county | 42833 |
| commissioners establish a county mental retardation and | 42834 |
| developmental disabilities capital fund for money to be used for | 42835 |
| acquisition, construction, or improvement of capital facilities or | 42836 |
| acquisition of capital equipment used in providing services to | 42837 |
| mentally retarded and developmentally disabled persons. The county | 42838 |
| board of mental retardation and developmental disabilities shall | 42839 |
| transmit a certified copy of the resolution to the board of county | 42840 |
| commissioners. Upon receiving the resolution, the board of county | 42841 |
| commissioners shall establish a county mental retardation and | 42842 |
| developmental disabilities capital fund. | 42843 |
| A county board shall request, by resolution, that the board | 42844 |
| of county commissioners establish a county MR/DD medicaid reserve | 42845 |
| fund. On receipt of the resolution, the board of county | 42846 |
| commissioners shall establish a county MR/DD medicaid reserve | 42847 |
| fund. The portion of federal revenue funds that the county board | 42848 |
|
earns for providing | 42849 |
|
management services | 42850 |
| needed for the county board to pay for extraordinary costs, | 42851 |
| including extraordinary costs for services to individuals with | 42852 |
| mental retardation or other developmental disability, and ensure | 42853 |
| the availability of adequate funds in the event a county property | 42854 |
| tax levy for services for individuals with mental retardation or | 42855 |
| other developmental disability fails shall be deposited into the | 42856 |
| fund. The county board shall use money in the fund for those | 42857 |
| purposes in accordance with rules adopted under section 5123.0413 | 42858 |
| of the Revised Code. | 42859 |
| Sec. 5705.392. A board of county commissioners may adopt as | 42860 |
| a part of its annual appropriation | 42861 |
| plan, or
in the case of an amended appropriation | 42862 |
| resolution, an amended spending plan, setting forth a quarterly | 42863 |
| schedule of expenses and
expenditures of | 42864 |
| for the fiscal year from | 42865 |
| plan or amended spending plan shall be classified to set forth | 42866 |
| separately a quarterly schedule of expenses and expenditures for | 42867 |
| 42868 | |
| amount appropriated for personal services. Each office, | 42869 |
| department, and division for which a spending plan or amended | 42870 |
| spending plan is adopted shall be limited in its expenses and | 42871 |
| expenditures of moneys appropriated from the | 42872 |
| fund during any quarter by the schedule established in the | 42873 |
| spending plan or amended spending plan. The schedule established | 42874 |
| in the spending plan or amended spending plan shall serve as a | 42875 |
| limitation during a quarter on | 42876 |
| contracts and
giving | 42877 |
| during that quarter for purposes of division (D) of section | 42878 |
| 5705.41 of the Revised Code. | 42879 |
| The board of county commissioners shall give to each office, | 42880 |
| department, or division for which it intends to provide a spending | 42881 |
| plan or amended spending plan written notice at least thirty days | 42882 |
| before the adoption of the appropriation resolution or amended | 42883 |
| appropriation resolution. The notice shall be sent by regular | 42884 |
| first class mail or given by personal service, and shall include a | 42885 |
| copy of the proposed spending plan or amended spending plan. The | 42886 |
| office, department, or division may meet with the board at any | 42887 |
| regular session of the board to comment on the notice, express | 42888 |
| concerns, or ask questions about the proposed spending plan or | 42889 |
| amended spending plan. | 42890 |
| Sec. 5711.21. (A) In assessing taxable property the assessor | 42891 |
| shall be governed by the rules of assessment prescribed by | 42892 |
| sections 5711.01 to 5711.36 of the Revised Code. Wherever any | 42893 |
| taxable property is required to be assessed at its true value in | 42894 |
| money or at any percentage of true value, the assessor shall be | 42895 |
| guided by the statements contained in the taxpayer's return and | 42896 |
| such other rules and evidence as will enable the assessor to | 42897 |
| arrive at such true value. Wherever the income yield of taxable | 42898 |
| property is required to be assessed, and the method of determining | 42899 |
| between income and return or distribution of principal, or that of | 42900 |
| allocating expenses in determining net income, or that of | 42901 |
| ascertaining the source from which partial distributions of income | 42902 |
| have been made is not expressly prescribed by sections 5711.01 to | 42903 |
| 5711.36 of the Revised Code, the assessor shall be guided by the | 42904 |
| statements contained in the taxpayer's return and such general | 42905 |
| rules as the tax commissioner adopts to enable the assessor to | 42906 |
| make such determination. | 42907 |
| (B) The true value of the boilers, machinery, equipment, and | 42908 |
| any personal property used to generate or distribute | 42909 |
| electricity shall be: | 42910 |
| (1) For tax years before tax year 2006, the sum of the | 42911 |
| following: | 42912 |
| | 42913 |
| determined under this chapter if none of the electricity were | 42914 |
| distributed to others multiplied by the per cent of the | 42915 |
| electricity generated in the preceding calendar year that was used | 42916 |
| by the person who generated it; plus | 42917 |
| | 42918 |
| equipment as it would be determined for an electric company under | 42919 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 42920 |
| the electricity generated in the preceding calendar year that was | 42921 |
| not used by the person who generated it; plus | 42922 |
| | 42923 |
| equipment as it would be determined for an electric company under | 42924 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 42925 |
| the electricity generated in the preceding calendar year that was | 42926 |
| not used by the person who generated it. | 42927 |
| (2) For tax year 2006 and each tax year thereafter, the true | 42928 |
| value of the property as it would be determined under this chapter | 42929 |
| if none of the electricity were distributed to others multiplied | 42930 |
| by the per cent of the electricity generated in the preceding | 42931 |
| calendar year that was used by the person who generated it. | 42932 |
| (C) | 42933 |
| personal property leased to a public utility or interexchange | 42934 |
| telecommunications company as defined in section 5727.01 of the | 42935 |
| Revised Code and used by the utility or interexchange | 42936 |
| telecommunications company directly in the rendition of a public | 42937 |
| utility service as defined in division (P) of section 5739.01 of | 42938 |
| the Revised Code shall be determined in the same manner that the | 42939 |
| true value of such property is determined under section 5727.11 of | 42940 |
| the Revised Code if owned by the public utility or interexchange | 42941 |
| telecommunications company. | 42942 |
| Sec. 5711.22. (A) Deposits not taxed at the source shall be | 42943 |
| listed and assessed at their amount in dollars on the day they are | 42944 |
| required to be listed. Moneys shall be listed and assessed at the | 42945 |
| amount thereof in dollars on hand on the day that they are | 42946 |
| required to be listed. In listing investments, the amount of the | 42947 |
| income yield of each for the calendar year next preceding the date | 42948 |
| of listing shall, except as otherwise provided in this chapter, be | 42949 |
| stated in dollars and cents and the assessment thereof shall be at | 42950 |
| the amount of such income yield; but any property defined as | 42951 |
| investments in either division (A) or (B) of section 5701.06 of | 42952 |
| the Revised Code that has not been outstanding for the full | 42953 |
| calendar year next preceding the date of listing, except shares of | 42954 |
| stock of like kind as other shares of the same corporation | 42955 |
| outstanding for the full calendar year next preceding the date of | 42956 |
| listing, or which has yielded no income during such calendar year | 42957 |
| shall be listed and assessed as unproductive investments, at their | 42958 |
| true value in money on the day that such investments are required | 42959 |
| to be listed. | 42960 |
| Credits and other taxable intangibles shall be listed and | 42961 |
| assessed at their true value in money on the day as of which the | 42962 |
| same are required to be listed. | 42963 |
| Shares of stock of a bank holding company, as defined in | 42964 |
| Title 12 U.S.C.A., section 1841, that are required to be listed | 42965 |
| for taxation under this division and upon which dividends were | 42966 |
| paid during the year of their issuance, which dividends are | 42967 |
| subject to taxation under the provisions of Chapter 5747. of the | 42968 |
| Revised Code, shall be exempt from the intangibles tax for the | 42969 |
| year immediately succeeding their issuance. If such shares bear | 42970 |
| dividends the first calendar year after their issuance, which | 42971 |
| dividends are subject to taxation under the provisions of Chapter | 42972 |
| 5747. of the Revised Code, it shall be deemed that the | 42973 |
| nondelinquent intangible property tax pursuant to division (A) of | 42974 |
| section 5707.04 of the Revised Code was paid on those dividends | 42975 |
| paid that first calendar year after the issuance of the shares. | 42976 |
| (B) | 42977 |
| the true value of which is determined under division (B) of | 42978 |
| section 5711.21 of the Revised Code shall be listed and assessed | 42979 |
| at an amount equal to: | 42980 |
| (1) For tax years before tax year 2006, the sum of the | 42981 |
| products determined under divisions (B)(1)(a), (b), and (c) of | 42982 |
| this section. | 42983 |
| (a) Multiply the portion of the true value | 42984 |
| calculated under division (B)(1)(a) of section 5711.21 of the | 42985 |
| Revised Code by the assessment rate for the tax year in division | 42986 |
| (F) of this section; | 42987 |
| (b) Multiply the portion of the true value determined under | 42988 |
| division (B) | 42989 |
| the assessment rate in section 5727.111 of the Revised Code that | 42990 |
| is applicable to the production equipment of an electric company; | 42991 |
| (c) Multiply the portion of the true value determined under | 42992 |
| division (B) | 42993 |
| the assessment rate in section 5727.111 of the Revised Code that | 42994 |
| is applicable to the property of an electric company that is not | 42995 |
| production equipment. | 42996 |
| (2) | 42997 |
| the product calculated by multiplying the portion of the true | 42998 |
| value determined under division (B)(2) of section 5711.21 of the | 42999 |
| Revised Code by the assessment rate for that tax year in division | 43000 |
| (F) of this section. | 43001 |
| (C) For tax years before tax year 2006, personal property | 43002 |
| leased to a public utility or interexchange telecommunications | 43003 |
| company as defined in section 5727.01 of the Revised Code and used | 43004 |
| directly in the rendition of a public utility service as defined | 43005 |
| in division (P) of section 5739.01 of the Revised Code shall be | 43006 |
| listed and assessed at the same percentage of true value in money | 43007 |
| that such property is required to be assessed by section 5727.111 | 43008 |
| of the Revised Code if owned by the public utility or | 43009 |
| interexchange telecommunications company. | 43010 |
| | 43011 |
| outside this state and held in this state in a warehouse or a | 43012 |
| place of storage without further manufacturing or processing and | 43013 |
| for storage
only and for shipment outside this
state, but that | 43014 |
| 43015 | |
| this state" under division (B)(1) or (2) of section 5701.08 of the | 43016 |
| Revised
Code, | 43017 |
| 43018 | |
| 43019 |
| | 43020 |
| 43021 | |
| 43022 | |
| 43023 | |
| 43024 | |
| 43025 | |
| 43026 | |
| 43027 | |
| 43028 | |
| 43029 |
| | 43030 |
| 43031 |
| | 43032 |
| 43033 | |
| 43034 | |
| 43035 |
| | 43036 |
| 43037 | |
| 43038 | |
| 43039 | |
| 43040 | |
| 43041 | |
| 43042 | |
| 43043 | |
| nevertheless not used in business in this state for property tax | 43044 |
| purposes. | 43045 |
| | 43046 |
| qualified out-of-state person shipped from outside this state and | 43047 |
| held in this state in a public warehouse without further | 43048 |
| manufacturing or processing and for temporary storage only and for | 43049 |
| shipment inside this state, but that | 43050 |
| not qualify as "not used in business in this state" under division | 43051 |
| (B)(1) or (2) of
section 5701.08 of the Revised
Code, | 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 | |
| used in business in this state for property tax purposes. | 43077 |
| | 43078 |
| (a) "Qualified out-of-state person" means a person that does | 43079 |
| not own, lease, or use property, other than merchandise or an | 43080 |
| agricultural product described in this division, in this state, | 43081 |
| and does not have employees, agents, or representatives in this | 43082 |
| state; | 43083 |
| (b) "Public warehouse" means a warehouse in this state that | 43084 |
| is not subject to the control of or under the supervision of the | 43085 |
| owner of the merchandise or agricultural product stored in it, or | 43086 |
| staffed by the owner's employees, and from which the property is | 43087 |
| to be shipped inside this state. | 43088 |
| (E) Personal property valued pursuant to section 5711.15 of | 43089 |
| the Revised Code and personal property required to be listed on | 43090 |
| the average basis by division (A) of section 5711.16 of the | 43091 |
| Revised
Code, except property described in division
| 43092 |
| this section, business fixtures, and furniture not held for sale | 43093 |
| in the course of business, shall be listed and assessed at the | 43094 |
| 43095 | |
| 43096 |
| (1) | 43097 |
| 43098 | |
| 43099 | |
| 43100 | |
| 43101 | |
| 43102 | |
| 43103 | |
| 43104 |
| | 43105 |
| be | 43106 |
| 43107 | |
| 43108 | |
| 43109 | |
| 43110 | |
| 43111 | |
| value. | 43112 |
| | 43113 |
| (3) For tax year 2008, fourteen per cent of true value; | 43114 |
| (4) For tax year 2009, seven per cent of true value; | 43115 |
| (5) For tax year 2010 and each tax year thereafter, | 43116 |
| 43117 | |
| zero per cent of true value. | 43118 |
| (F) All engines and machinery, and tools and implements, used | 43119 |
| or designed to be used in manufacturing as described in section | 43120 |
| 5711.16 of the Revised Code, in mining, in stone plants and gravel | 43121 |
| plants, in laundries, towel, and linen supply and dry cleaning | 43122 |
| plants, and in radio and television broadcasting, shall be listed | 43123 |
| and assessed at a percentage rate of its true value in money in | 43124 |
| accordance with the following schedule: | 43125 |
| (1) For all such property not previously used in business in | 43126 |
| this state by the owner thereof, or by related member or | 43127 |
| predecessor of the owner, other than as inventory, before January | 43128 |
| 1, 2005, the assessment rate shall be zero per cent of true value; | 43129 |
| (2) For all other such property, the assessment rate for tax | 43130 |
| year 2005 shall be twenty-five per cent of true value, twelve and | 43131 |
| one-half per cent of true value for tax year 2006, and zero per | 43132 |
| cent of true value for tax year 2007 and each tax year thereafter. | 43133 |
| During and after the tax year that the assessment rate equals | 43134 |
| zero, the property described in division (E) or (F) of this | 43135 |
| section shall not be listed for taxation. | 43136 |
| | 43137 |
| 43138 | |
| 43139 | |
| 43140 |
| | 43141 |
| 43142 | |
| 43143 | |
| 43144 | |
| 43145 |
| | 43146 |
| property used in business that has not been legally regarded as an | 43147 |
| improvement on land and considered in arriving at the value of the | 43148 |
| real property assessed for taxation shall be listed and assessed | 43149 |
| at the rate of twenty-five per cent of its true value in money. | 43150 |
| Sec. 5713.01. (A) Each county shall be the unit for | 43151 |
| assessing real estate for taxation purposes. The county auditor | 43152 |
|
shall be the assessor of all the real estate in | 43153 |
| county for purposes of taxation, but this section does not affect | 43154 |
| the power conferred by Chapter 5727. of the Revised Code upon the | 43155 |
| tax commissioner regarding the valuation and assessment of the | 43156 |
| real property of railroads for tax years before tax year 2006. | 43157 |
| (B) The auditor shall assess all the real estate situated in | 43158 |
| the county at its taxable value in accordance with sections | 43159 |
| 5713.03, 5713.31, and 5715.01 of the Revised Code and with the | 43160 |
|
rules and methods applicable to | 43161 |
| prescribed, and promulgated by the tax commissioner. The auditor | 43162 |
| shall view and appraise or cause to be viewed and appraised at its | 43163 |
| true value in money, each lot or parcel of real estate, including | 43164 |
| land devoted exclusively to agricultural use, and the improvements | 43165 |
| located thereon at least once in each six-year period and the | 43166 |
| taxable values required to be derived therefrom shall be placed on | 43167 |
| the auditor's tax list and the county treasurer's duplicate for | 43168 |
| the tax year ordered by the commissioner pursuant to section | 43169 |
| 5715.34 of the Revised Code. The commissioner may grant an | 43170 |
|
extension of one year or less if | 43171 |
| good cause exists for the extension. When the auditor so views and | 43172 |
| appraises, | 43173 |
| to determine by actual view what improvements have been made | 43174 |
| therein or additions made thereto since the next preceding | 43175 |
| valuation. The auditor shall revalue and assess at any time all or | 43176 |
| any part of the real estate in such county, including land devoted | 43177 |
| exclusively to
agricultural use, where | 43178 |
| the true or taxable values thereof have changed, and when a | 43179 |
| conservation easement is created under sections 5301.67 to 5301.70 | 43180 |
| of the Revised Code. | 43181 |
| true or taxable value of any lot or parcel of real estate in any | 43182 |
| township, municipal corporation, or other taxing district by an | 43183 |
| amount which will cause all real property on the tax list to be | 43184 |
| valued as required by law, or | 43185 |
| decrease the aggregate value of all real property, or any class of | 43186 |
| real property, in the county, township, municipal corporation, or | 43187 |
| other taxing district, or in any ward or other division of a | 43188 |
| municipal corporation by a per cent or amount which will cause all | 43189 |
| property to be properly valued and assessed for taxation in | 43190 |
| accordance with Section 36, Article II, Section 2, Article XII, | 43191 |
| Ohio Constitution, this section, and sections 5713.03, 5713.31, | 43192 |
| and 5715.01 of the Revised Code. | 43193 |
| (C) When the auditor determines to reappraise all the real | 43194 |
| estate in the county or any class thereof, when the tax | 43195 |
| commissioner orders an increase in the aggregate true or taxable | 43196 |
| value of the real estate in any taxing subdivision, or when the | 43197 |
| taxable value of real estate is increased by the application of a | 43198 |
| uniform taxable value per cent of true value pursuant to the order | 43199 |
| of the commissioner, | 43200 |
| of | 43201 |
| general circulation in the county once a week for the three | 43202 |
| consecutive weeks next preceding the issuance of the tax bills. | 43203 |
| When the auditor changes the true or taxable value of any | 43204 |
| individual
parcels of real estate, | 43205 |
| owner of the real estate, or the person in whose name the same | 43206 |
| stands charged on the duplicate, by mail or in person, of the | 43207 |
| changes | 43208 |
| property. Such notice shall be given at least thirty days prior to | 43209 |
| the issuance of the tax bills. Failure to receive notice shall not | 43210 |
| invalidate any proceeding under this section. | 43211 |
| (D) The auditor shall make the necessary abstracts from books | 43212 |
| of | 43213 |
| in such county, together with such platbooks and lists of | 43214 |
| transfers of title to land as the auditor deems necessary in the | 43215 |
|
performance of | 43216 |
| for taxation. Such abstracts, platbooks, and lists shall be in | 43217 |
| such form and detail as the tax commissioner prescribes. | 43218 |
| (E) The auditor, with the approval of the tax commissioner, | 43219 |
| may appoint and employ such experts, deputies, clerks, or other | 43220 |
| employees as | 43221 |
| 43222 | |
| tax commissioner, | 43223 |
| individual, partnership, firm, company, or corporation to do all | 43224 |
| or any part of the work; the amount to be expended in the payment | 43225 |
| of the compensation of such employees shall be fixed by the board | 43226 |
| of county commissioners. If, in the opinion of the auditor, the | 43227 |
| board of county commissioners fails to provide a sufficient amount | 43228 |
| for the compensation of such employees, | 43229 |
| to the tax commissioner for an additional allowance, and the | 43230 |
| additional amount of compensation allowed by the commissioner | 43231 |
| shall be certified to the board of county commissioners, and the | 43232 |
| same shall be final. The salaries and compensation of such | 43233 |
| experts, deputies, clerks, and employees shall be paid upon the | 43234 |
| warrant of the auditor out of the general fund or the real estate | 43235 |
| assessment fund of the county, or both. If the salaries and | 43236 |
| compensation are in whole or in part fixed by the commissioner, | 43237 |
| they shall constitute a charge against the county regardless of | 43238 |
| the amount of money in the county treasury levied or appropriated | 43239 |
| for such purposes. | 43240 |
| (F) Any contract for goods or services related to the | 43241 |
| auditor's duties as assessor, including contracts for mapping, | 43242 |
| computers, and reproduction on any medium of any documents, | 43243 |
| records, photographs, microfiche, or magnetic tapes, but not | 43244 |
| including contracts for the professional services of an appraiser, | 43245 |
| shall be awarded pursuant to the competitive bidding procedures | 43246 |
| set forth in sections 307.86 to 307.92 of the Revised Code and | 43247 |
| shall be paid for, upon the warrant of the auditor, from the real | 43248 |
| estate assessment fund. | 43249 |
| (G) Experts, deputies, clerks, and other employees, in | 43250 |
| addition to their other duties, shall perform such services as the | 43251 |
| auditor directs in ascertaining such facts, description, location, | 43252 |
| character, dimensions of buildings and improvements, and other | 43253 |
| circumstances reflecting upon the value of real estate as will aid | 43254 |
| the auditor in fixing its true and taxable value and, in the case | 43255 |
| of land valued in accordance with section 5713.31 of the Revised | 43256 |
| Code, its current agricultural use value. The auditor may also | 43257 |
| summon and examine any person under oath in respect to any matter | 43258 |
| pertaining to the value of any real property within the county. | 43259 |
| Sec. 5713.08. (A) The county auditor shall make a list of | 43260 |
| all real and personal property in the auditor's county, including | 43261 |
| money, credits, and investments in bonds, stocks, or otherwise, | 43262 |
| 43263 | |
| name of the owner, the value of the property exempted, and a | 43264 |
| statement in
brief form of the ground on which | 43265 |
| has been granted. It shall be corrected annually by adding thereto | 43266 |
| the
items of property | 43267 |
| year, and
by striking therefrom the items | 43268 |
| opinion of the auditor have lost their right of exemption and | 43269 |
| 43270 | |
| shall be made to such exempt lists and no additional items of | 43271 |
| property shall be exempted from taxation without the consent of | 43272 |
| the tax commissioner as is provided for in section 5715.27 of the | 43273 |
| Revised Code or without the consent of the housing officer under | 43274 |
| section 3735.67 of the Revised Code. When any personal property or | 43275 |
| endowment fund of an institution has once been held by the | 43276 |
| commissioner to be properly exempt from taxation, it is not | 43277 |
| necessary to obtain the commissioner's consent to the exemption of | 43278 |
| additional property or investments of the same kind belonging to | 43279 |
| the same institution, but such property shall appear on the | 43280 |
| abstract filed annually with the commissioner. The commissioner | 43281 |
| may revise at any time the list in every county so that no | 43282 |
| property is improperly or illegally exempted from taxation. The | 43283 |
| auditor shall follow the orders of the commissioner given under | 43284 |
| this section. An abstract
of | 43285 |
| with the commissioner, on a form approved by the commissioner, and | 43286 |
| a copy thereof shall be kept on file in the office of each auditor | 43287 |
| for public inspection. | 43288 |
| The commissioner shall not consider an application for | 43289 |
| exemption of property unless the application has attached thereto | 43290 |
| a certificate executed by the county treasurer certifying one of | 43291 |
| the following: | 43292 |
| (1) That all taxes, assessments, interest, and penalties | 43293 |
| levied and assessed against the property sought to be exempted | 43294 |
| have been paid in full to the date upon which the application for | 43295 |
| exemption is filed, except for such taxes, interest, and penalties | 43296 |
| that may be remitted under division (B) of this section; | 43297 |
| (2) That the applicant has entered into a valid delinquent | 43298 |
| tax contract with the county treasurer pursuant to division (A) of | 43299 |
| section 323.31 of the Revised Code to pay all of the delinquent | 43300 |
| taxes, assessments, interest, and penalties charged against the | 43301 |
| property, except for such taxes, interest, and penalties that may | 43302 |
| be remitted under division (B) of this section. If the auditor | 43303 |
| receives notice under section 323.31 of the Revised Code that such | 43304 |
| a written delinquent tax contract has become void, the auditor | 43305 |
| shall
strike | 43306 |
| and reenter | 43307 |
| removed from the exempt list because a written delinquent tax | 43308 |
| contract has become void, current taxes shall first be extended | 43309 |
| against that property on the general tax list and duplicate of | 43310 |
| real and public utility property for the tax year in which the | 43311 |
| auditor receives the notice required by division (A) of section | 43312 |
| 323.31 of the Revised Code that the delinquent tax contract has | 43313 |
| become void or, if that notice is not timely made, for the tax | 43314 |
| year in which falls the latest date by which the treasurer is | 43315 |
| required by | 43316 |
| auditor shall not remove from any tax list and duplicate the | 43317 |
| amount of any unpaid delinquent taxes, assessments, interest, or | 43318 |
| penalties owed on property that is placed on the exempt list | 43319 |
| pursuant to this division. | 43320 |
| (3) That a tax certificate has been issued under section | 43321 |
| 5721.32 or 5721.33 of the Revised Code with respect to the | 43322 |
| property that is the subject of the application, and the tax | 43323 |
| certificate is outstanding. | 43324 |
| (B) Any taxes, interest, and penalties | 43325 |
| a lien after the property was first used for the exempt purpose, | 43326 |
| but in no case prior to the date of acquisition of the title to | 43327 |
| the property by the applicant, may be remitted by the | 43328 |
| commissioner, except as is provided in division (A) of section | 43329 |
| 5713.081 of the Revised Code. | 43330 |
| (C) Real property acquired by the state in fee simple is | 43331 |
| exempt from taxation from the date of acquisition of title or date | 43332 |
| of possession, whichever is the earlier date, provided that all | 43333 |
| taxes, interest, and penalties as provided in the apportionment | 43334 |
| provisions of section 319.20 of the Revised Code have been paid to | 43335 |
| the date of acquisition of title or date of possession by the | 43336 |
| state, whichever is earlier. The proportionate amount of taxes | 43337 |
| that are a lien but not yet determined, assessed, and levied for | 43338 |
| the year in which the property is acquired, shall be remitted by | 43339 |
| the county auditor for the balance of the year from date of | 43340 |
| acquisition of title or date of possession, whichever is earlier. | 43341 |
| This section shall not be construed to authorize the exemption of | 43342 |
| such property from taxation or the remission of taxes, interest, | 43343 |
| and penalties thereon until all private use has terminated. | 43344 |
| Real property acquired by the department of natural resources | 43345 |
| for which an application for exemption has been filed shall be | 43346 |
| removed from the tax list and duplicate and shall not accrue taxes | 43347 |
| or penalties while the application for tax exemption is being | 43348 |
| processed. | 43349 |
| Sec. 5713.34. (A)(1) Upon the conversion of all or any | 43350 |
| portion of a tract, lot, or parcel of land devoted exclusively to | 43351 |
| agricultural use a portion of the tax savings upon such converted | 43352 |
| land shall be recouped as provided for by Section 36, Article II, | 43353 |
| Ohio Constitution by levying a charge on such land in an amount | 43354 |
| equal to the amount of the tax savings on the converted land | 43355 |
| during the three tax years immediately preceding the year in which | 43356 |
| the conversion occurs. The charge shall constitute a lien of the | 43357 |
| state upon such converted land as of the first day of January of | 43358 |
| the tax year in which the charge is levied and shall continue | 43359 |
| until discharged as provided by law. | 43360 |
| (2) Upon the conversion of an adequately described portion of | 43361 |
| a tract, lot, or parcel of land, the county auditor shall divide | 43362 |
| any numbered permanent parcel into economic units and value each | 43363 |
| unit individually for the purpose of levying the charge under | 43364 |
| division (A)(1) of this section against only the converted | 43365 |
| portion. | 43366 |
| (B) Except as otherwise provided in division (C) or (D) of | 43367 |
| this section, a public entity that acquires by any means and | 43368 |
| converts land devoted exclusively to agricultural use and a | 43369 |
| private entity granted the power of eminent domain that acquires | 43370 |
| by any means and converts land devoted exclusively to agricultural | 43371 |
| use shall pay the charge levied by division (A) of this section | 43372 |
| and shall not, directly or indirectly, transfer the charge to the | 43373 |
| person from whom the land is acquired. A person injured by a | 43374 |
| violation of this division may recover, in a civil action, any | 43375 |
| damages resulting from the violation. | 43376 |
| (C) The charge levied by division (A)(1) of this section does | 43377 |
| not apply to the conversion of land acquired by a public entity or | 43378 |
| the department of natural resources by means other than eminent | 43379 |
| domain and thereafter used exclusively for a public purpose that | 43380 |
| leaves the land principally undeveloped
when | 43381 |
| following conditions applies: | 43382 |
| (1) The land is so acquired and converted by one of the | 43383 |
| following divisions of the department of natural resources: | 43384 |
| (a) The division of forestry; | 43385 |
| (b) The division of natural areas and preserves; | 43386 |
| (c) The division of wildlife; | 43387 |
| (d) The division of parks and recreation; | 43388 |
| (2) In the case of land so acquired and converted by a park | 43389 |
| district created under Chapter 1545. of the Revised Code, the land | 43390 |
| is located within the boundaries of the park district. | 43391 |
| | 43392 |
| public entity other than a park district created under Chapter | 43393 |
| 1545. of the Revised Code, the land is located within the | 43394 |
| boundaries of any city, local, exempted village, or joint | 43395 |
| vocational school district that is wholly or partially located | 43396 |
| within the boundaries of the public entity that so acquired and | 43397 |
| converted the land. | 43398 |
| If all or any portion of a tract, lot, or parcel of such land | 43399 |
| is later developed or otherwise converted to a purpose other than | 43400 |
| one of the purposes enumerated under division (E)(1) of this | 43401 |
| section, the charge levied by division (A)(1) of this section | 43402 |
| shall be levied against such developed or converted land as | 43403 |
| otherwise required by that division. | 43404 |
| The county auditor of the county in which the land is located | 43405 |
| shall determine annually whether all or any portion of a tract, | 43406 |
| lot, or parcel of land formerly converted to a purpose enumerated | 43407 |
| under division (E)(1) of this section has been developed in such a | 43408 |
| way or converted to such a purpose as to require the charge levied | 43409 |
| by division (A)(1) of this section to be levied against the land | 43410 |
| so developed or converted. | 43411 |
| (D) Division (B) of this section does not apply to a public | 43412 |
| entity that acquires by means other than eminent domain and | 43413 |
| converts land devoted exclusively to agricultural use to use for | 43414 |
| public, active or passive, outdoor education, recreation, or | 43415 |
| similar open space uses when either of the following conditions | 43416 |
| applies: | 43417 |
| (1) In the case of land so acquired and converted by a park | 43418 |
| district created under Chapter 1545. of the Revised Code, the land | 43419 |
| is located outside the boundaries of the park district. | 43420 |
| (2) In the case of land so acquired and converted by a public | 43421 |
| entity other than a park district created under Chapter 1545. of | 43422 |
| the Revised Code, the land is located outside the boundaries of | 43423 |
| any city, local, exempted village, or joint vocational school | 43424 |
| district that is wholly or partially located within the boundaries | 43425 |
| of the public entity that so acquired and converted the land. | 43426 |
| (E) As used in divisions (C) and (D) of this section: | 43427 |
| (1) "Principally undeveloped" means a parcel of real property | 43428 |
| that is used for public, active or passive, outdoor education, | 43429 |
| recreation, or similar open space uses and contains only the | 43430 |
| structures, roadways, and other facilities that are necessary for | 43431 |
| such uses. | 43432 |
| (2) "Public entity" means any political subdivision of this | 43433 |
| state or any agency or instrumentality of a political subdivision. | 43434 |
| "Public entity" does not include the department of natural | 43435 |
| resources or any of its divisions. | 43436 |
| Sec. 5727.01. As used in this chapter: | 43437 |
| (A) "Public utility" means each person referred to as a | 43438 |
| telephone company, telegraph company, electric company, natural | 43439 |
| gas company, pipe-line company, water-works company, water | 43440 |
| transportation company, heating company, rural electric company, | 43441 |
| railroad company, or combined company. | 43442 |
| (B) "Gross receipts" means the entire receipts for business | 43443 |
| done by any person from operations as a public utility, or | 43444 |
| incidental thereto, or in connection therewith, including any | 43445 |
| receipts received under Chapter 4928. of the Revised Code. The | 43446 |
| gross receipts for business done by an incorporated company | 43447 |
| engaged in operation as a public utility includes the entire | 43448 |
| receipts for business done by such company under the exercise of | 43449 |
| its corporate powers, whether from the operation as a public | 43450 |
| utility or from any other business. | 43451 |
| (C) "Rural electric company" means any nonprofit corporation, | 43452 |
| organization, association, or cooperative engaged in the business | 43453 |
| of supplying electricity to its members or persons owning an | 43454 |
| interest therein in an area the major portion of which is rural. | 43455 |
| (D) Any person: | 43456 |
| (1) Is a telegraph company when engaged in the business of | 43457 |
| transmitting telegraphic messages to, from, through, or in this | 43458 |
| state; | 43459 |
| (2) Is a telephone company when primarily engaged in the | 43460 |
| business of providing local exchange telephone service, excluding | 43461 |
| cellular radio service, in this state; | 43462 |
| (3) Is an electric company when engaged in the business of | 43463 |
| generating, transmitting, or distributing electricity within this | 43464 |
| state for use by others, but excludes a rural electric company; | 43465 |
| (4) Is a natural gas company when engaged in the business of | 43466 |
| supplying or distributing natural gas for lighting, power, or | 43467 |
| heating purposes to consumers within this state, excluding a | 43468 |
| person that is a governmental aggregator or retail natural gas | 43469 |
| supplier as defined in section 4929.01 of the Revised Code; | 43470 |
| (5) Is a pipe-line company when engaged in the business of | 43471 |
| transporting natural gas, oil, or coal or its derivatives through | 43472 |
| pipes or tubing, either wholly or partially within this state; | 43473 |
| (6) Is a water-works company when engaged in the business of | 43474 |
| supplying water through pipes or tubing, or in a similar manner, | 43475 |
| to consumers within this state; | 43476 |
| (7) Is a water transportation company when engaged in the | 43477 |
| transportation of passengers or property, by boat or other | 43478 |
| watercraft, over any waterway, whether natural or artificial, from | 43479 |
| one point within this state to another point within this state, or | 43480 |
| between points within this state and points without this state; | 43481 |
| (8) Is a heating company when engaged in the business of | 43482 |
| supplying water, steam, or air through pipes or tubing to | 43483 |
| consumers within this state for heating purposes; | 43484 |
| (9) Is a railroad company when engaged in the business of | 43485 |
| owning or operating a railroad either wholly or partially within | 43486 |
| this state on rights-of-way acquired and held exclusively by such | 43487 |
| company, or otherwise, and includes a passenger, street, suburban, | 43488 |
| or interurban railroad company. | 43489 |
| As used in division (D)(2) of this section, "local exchange | 43490 |
| telephone service" means making available or furnishing access and | 43491 |
| a dial tone to all persons within a local calling area for use in | 43492 |
| originating and receiving voice grade communications over a | 43493 |
| switched network operated by the provider of the service within | 43494 |
| the area and for gaining access to other telecommunication | 43495 |
| services. | 43496 |
| (E) "Taxable property" means the property required by section | 43497 |
| 5727.06 of the Revised Code to be assessed by the tax | 43498 |
|
commissioner, but does not include | 43499 |
| (1) An item of tangible personal property that for the period | 43500 |
| subsequent to the effective date of an air, water, or noise | 43501 |
| pollution control certificate and continuing so long as the | 43502 |
| certificate is in force, has been certified as part of the | 43503 |
| pollution control facility with respect to which the certificate | 43504 |
| has been issued; | 43505 |
| (2) An item of tangible personal property that during the | 43506 |
| construction of a plant or facility and until the item is first | 43507 |
| capable of operation, whether actually used in operation or not, | 43508 |
| is incorporated in or being held exclusively for incorporation in | 43509 |
| that plant or facility; | 43510 |
| (3) For tax year 2006 and thereafter, documented costs for | 43511 |
| drawings used by a public utility or interexchange | 43512 |
| telecommunications company to provide its public utility or | 43513 |
| interexchange telecommunication service. Division (E)(3) of this | 43514 |
| section does not apply to an electric company or a combined | 43515 |
| company engaged in the activity of an electric company. | 43516 |
| (F) "Taxing district" means a municipal corporation of | 43517 |
| township, or part thereof, in which the aggregate rate of taxation | 43518 |
| is uniform. | 43519 |
| (G) "Telecommunications service" has the same meaning as in | 43520 |
| division (AA) of section 5739.01 of the Revised Code. | 43521 |
| (H) "Interexchange telecommunications company" means a person | 43522 |
| that is engaged in the business of transmitting telephonic | 43523 |
| messages to, from, through, or in this state, but that is not a | 43524 |
| telephone company. | 43525 |
| (I) "Sale and leaseback transaction" means a transaction in | 43526 |
| which a public utility or interexchange telecommunications company | 43527 |
| sells any tangible personal property to a person other than a | 43528 |
| public utility or interexchange telecommunications company and | 43529 |
| leases that property back from the buyer. | 43530 |
| (J) "Production equipment" means all taxable steam, nuclear, | 43531 |
| hydraulic, and other production plant equipment used to generate | 43532 |
| electricity. For tax years prior to 2001, "production equipment" | 43533 |
| includes taxable station equipment that is located at a production | 43534 |
| plant. | 43535 |
| (K) "Tax year" means the year for which property or gross | 43536 |
| receipts are subject to assessment under this chapter. This | 43537 |
| division does not limit the tax commissioner's ability to assess | 43538 |
| and value property or gross receipts outside the tax year. | 43539 |
| (L) "Combined company" means any person engaged in the | 43540 |
| activity of an electric company or rural electric company that is | 43541 |
| also engaged in the activity of a heating company or a natural gas | 43542 |
| company, or any combination thereof. | 43543 |
| Sec. 5727.02. As used in this chapter, "public utility," | 43544 |
| "electric company," "natural gas company," "pipe-line company," | 43545 |
| "water-works company," "water transportation company" or "heating | 43546 |
| company" does not include any of the following: | 43547 |
| (A) | 43548 |
| section, any person that is engaged in some other primary business | 43549 |
| to which the supplying of electricity, heat, natural gas, water, | 43550 |
| water transportation, steam, or air to others is incidental. As | 43551 |
| used in | 43552 |
| of the Revised Code, "supplying of electricity" means generating, | 43553 |
| transmitting, or distributing electricity. | 43554 |
| (2) For tax year 2006 and each tax year thereafter, a person | 43555 |
| that is engaged in some other primary business to which the | 43556 |
| supplying of electricity to others is incidental shall be treated | 43557 |
| as an "electric company" and a "public utility" for purposes of | 43558 |
| this chapter solely to the extent required by section 5727.031 of | 43559 |
| the Revised Code. | 43560 |
| (B) Any person that supplies electricity, natural gas, water, | 43561 |
| water transportation, steam, or air to its tenants, whether for a | 43562 |
| separate charge or otherwise; | 43563 |
| (C) Any person whose primary business in this state consists | 43564 |
| of producing, refining, or marketing petroleum or its products. | 43565 |
| (D) Any person whose primary business in this state consists | 43566 |
| of producing or gathering natural gas rather than supplying or | 43567 |
| distributing natural gas to consumers. | 43568 |
| Sec. 5727.031. (A) For tax year 2006 and each tax year | 43569 |
| thereafter, a person that is engaged in some other primary | 43570 |
| business to which the supplying of electricity to others is | 43571 |
| incidental shall file a report under section 5727.08 of the | 43572 |
| Revised Code as an electric company but shall only report therein | 43573 |
| as taxable property the amounts required in divisions (B) and (C) | 43574 |
| of this section. All time limits and other procedural requirements | 43575 |
| of this chapter for the reporting and assessment of property of | 43576 |
| electric companies apply to persons required to file a report | 43577 |
| under this section. | 43578 |
| (B) A person subject to this section shall report the true | 43579 |
| value of the boilers, machinery, equipment, and any personal | 43580 |
| property used to supply electricity to others, which shall be the | 43581 |
| sum of the following: | 43582 |
| (1) The true value of the property that is production | 43583 |
| equipment as it would be determined for an electric company under | 43584 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 43585 |
| the electricity generated in the preceding calendar year that was | 43586 |
| not used by the person who generated it; plus | 43587 |
| (2) The true value of the property that is not production | 43588 |
| equipment as it would be determined for an electric company under | 43589 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 43590 |
| the electricity generated in the preceding calendar year that was | 43591 |
| not used by the person who generated it. | 43592 |
| (C) The property reported under division (B) of this section | 43593 |
| shall be listed and assessed at an amount equal to the sum of the | 43594 |
| products determined under divisions (C)(1) and (2) of this | 43595 |
| section. | 43596 |
| (1) Multiply the portion of the true value determined under | 43597 |
| division (B)(1) of this section by the assessment rate in section | 43598 |
| 5727.111 of the Revised Code that is applicable to the production | 43599 |
| equipment of an electric company; | 43600 |
| (2) Multiply the portion of the true value determined under | 43601 |
| division (B)(2) of this section by the assessment rate in section | 43602 |
| 5727.111 of the Revised Code that is applicable to the property of | 43603 |
| an electric company that is not production equipment. | 43604 |
| Sec. 5727.06. (A) Except as otherwise provided by law, the | 43605 |
| following constitutes the taxable property of a public utility or | 43606 |
| interexchange telecommunications company that shall be assessed by | 43607 |
| the tax commissioner: | 43608 |
| (1) For tax years before tax year 2006: | 43609 |
| (a) In the case of a railroad company, all real property and | 43610 |
| tangible personal property owned or operated by the railroad | 43611 |
| company in this state on the thirty-first day of December of the | 43612 |
| preceding year; | 43613 |
| | 43614 |
| tangible personal property, except watercraft, owned or operated | 43615 |
| by the water transportation company in this state on the | 43616 |
| thirty-first day of December of the preceding year and all | 43617 |
| watercraft owned or operated by the water transportation company | 43618 |
| in this state during the preceding calendar year; | 43619 |
| | 43620 |
| interexchange telecommunications companies, all tangible personal | 43621 |
| property that on the thirty-first day of December of the preceding | 43622 |
| year was both located in this state and: | 43623 |
| | 43624 |
| telecommunications company; or | 43625 |
| | 43626 |
| telecommunications company under a sale and leaseback transaction. | 43627 |
| (2) For tax year 2006 and each tax year thereafter: | 43628 |
| (a) In the case of a railroad company, all tangible personal | 43629 |
| property owned, leased, or operated by the railroad company in | 43630 |
| this state on the thirty-first day of December of the preceding | 43631 |
| year; | 43632 |
| (b) In the case of a water transportation company, all | 43633 |
| tangible personal property, except watercraft, owned, leased, or | 43634 |
| operated by the water transportation company in this state on the | 43635 |
| thirty-first day of December of the preceding year and all | 43636 |
| watercraft owned, leased, or operated by the water transportation | 43637 |
| company in this state during the preceding calendar year; | 43638 |
| (c) In the case of all other public utilities and | 43639 |
| interexchange telecommunications companies, all tangible personal | 43640 |
| property owned, leased, or operated by the public utility or | 43641 |
| interexchange telecommunications company in this state on the | 43642 |
| thirty-first day of December of the preceding year. | 43643 |
| (d) Tangible personal property owned by one public utility or | 43644 |
| interexchange telecommunications company in this state and leased | 43645 |
| or operated by another public utility or interexchange | 43646 |
| telecommunications company in this state shall be taxable property | 43647 |
| of the public utility or interexchange telecommunications company | 43648 |
| the property is leased or operated by and shall not be taxable | 43649 |
| property of the public utility or interexchange telecommunications | 43650 |
| company the property is owned by. | 43651 |
| (B) In the case of an interexchange telecommunications | 43652 |
| company, all taxable property shall be subject to the provisions | 43653 |
| of this chapter and shall be valued by the commissioner in | 43654 |
| accordance with division (A) of section 5727.11 of the Revised | 43655 |
| Code. A person described by this division shall file the report | 43656 |
| required by section 5727.08 of the Revised Code. Persons described | 43657 |
| in this division shall not be considered taxpayers, as defined in | 43658 |
| division (B) of section 5711.01 of the Revised Code, and shall not | 43659 |
| be required to file a return and list their taxable property under | 43660 |
| any provision of Chapter 5711. of the Revised Code. | 43661 |
| (C) The lien of the state for taxes levied each year on the | 43662 |
| real and personal property of public utilities and interexchange | 43663 |
| telecommunications companies shall attach thereto on the | 43664 |
| thirty-first day of December of the preceding year. | 43665 |
| (D) Property that is required by division (A)(3)(b) of this | 43666 |
| section to be assessed by the tax commissioner under this chapter | 43667 |
| shall not be listed by the owner of the property under Chapter | 43668 |
| 5711. of the Revised Code. | 43669 |
| (E) The tax commissioner may adopt rules governing the | 43670 |
| listing of the taxable property of public utilities and | 43671 |
| interexchange telecommunications companies and the determination | 43672 |
| of true value. | 43673 |
| (F) For tax year 2006 and each tax year thereafter, real | 43674 |
| property of a railroad company shall be assessed by the county | 43675 |
| auditor of the county in which such property is located. | 43676 |
| Sec. 5727.10. Annually, the tax commissioner shall | 43677 |
| determine, in accordance with section 5727.11 of the Revised Code, | 43678 |
| the true value in money of all taxable property required by | 43679 |
|
division (A)(2) | 43680 |
| Revised Code to be assessed by the commissioner. The commissioner | 43681 |
| also shall determine the total taxable value of such property | 43682 |
| based on the percentages of true value at which the property is | 43683 |
| required to be assessed by section 5727.111 of the Revised Code. | 43684 |
| The commissioner shall be guided by the information contained | 43685 |
| in the report filed by the public utility and such other evidence | 43686 |
| and rules as will enable | 43687 |
| determinations. | 43688 |
| Before issuing the preliminary assessment under section | 43689 |
| 5727.23 of the Revised Code, the commissioner shall notify each | 43690 |
| public utility of the proposed total taxable value of its taxable | 43691 |
| property, including any proposed penalty. After receiving such | 43692 |
| notice, a public utility may, upon written application, within the | 43693 |
| time prescribed by the commissioner, appear before | 43694 |
| commissioner and be heard in the matter of the proposal. The | 43695 |
| commissioner may, on the application of a public utility, or on | 43696 |
| 43697 |
| Sec. 5727.11. (A) Except as otherwise provided in this | 43698 |
| section, the true value of all taxable property required by | 43699 |
|
division (A)(2) | 43700 |
| Revised Code to be assessed by the tax commissioner shall be | 43701 |
| determined by a method of valuation using cost as capitalized on | 43702 |
| the public utility's books and records less composite annual | 43703 |
| allowances as prescribed by the commissioner. If the commissioner | 43704 |
| finds that application of this method will not result in the | 43705 |
| determination of true value of the public utility's taxable | 43706 |
| property, the commissioner may use another method of valuation. | 43707 |
| (B)(1) Except as provided in division (B)(2) of this section, | 43708 |
| the true value of current gas stored underground is the cost of | 43709 |
| that gas shown on the books and records of the public utility on | 43710 |
| the thirty-first day of December of the preceding year. | 43711 |
| (2) For tax year 2001 and thereafter, the true value of | 43712 |
| current gas stored underground is the quotient obtained by | 43713 |
| dividing (a) the average value of the current gas stored | 43714 |
| underground, which shall be determined by adding the value of the | 43715 |
| gas on hand at the end of each calendar month in the calendar year | 43716 |
| preceding the tax year, or, if applicable, the last day of | 43717 |
| business of each month for a partial month, divided by (b) the | 43718 |
| total number of months the natural gas company was in business | 43719 |
| during the calendar year prior to the beginning of the tax year. | 43720 |
| with the approval of the tax commissioner, a natural gas company | 43721 |
| may use a date other than the end of a calendar month to value its | 43722 |
| current gas stored underground. | 43723 |
| (C) The true value of noncurrent gas stored underground is | 43724 |
| thirty-five per cent of the cost of that gas shown on the books | 43725 |
| and records of the public utility on the thirty-first day of | 43726 |
| December of the preceding year. | 43727 |
| (D)(1) Except as provided in division (D)(2) of this section, | 43728 |
| the true value of the production equipment of an electric company | 43729 |
| and the true value of all taxable property of a rural electric | 43730 |
| company is the equipment's or property's cost as capitalized on | 43731 |
| the company's books and records less fifty per cent of that cost | 43732 |
| as an allowance for depreciation and obsolescence. | 43733 |
| (2) The true value of the production equipment of an electric | 43734 |
| company or rural electric company purchased, transferred, or | 43735 |
| placed into service after the effective date of this amendment is | 43736 |
| the purchase price of the equipment as capitalized on the | 43737 |
| company's books and records less composite annual allowances as | 43738 |
| prescribed by the tax commissioner. | 43739 |
| (E) The true value of taxable property described in division | 43740 |
|
(A)(2) | 43741 |
| Code shall not include the allowance for funds used during | 43742 |
| construction or interest during construction that has been | 43743 |
| capitalized on the public utility's books and records as part of | 43744 |
| the total cost of the taxable property. This division shall not | 43745 |
| apply to the taxable property of an electric company or a rural | 43746 |
| electric company, excluding transmission and distribution | 43747 |
| property, first placed into service after December 31, 2000, or to | 43748 |
| the taxable property a person purchases, which includes transfers, | 43749 |
| if that property was used in business by the seller prior to the | 43750 |
| purchase. | 43751 |
| (F) The true value of watercraft owned or operated by a water | 43752 |
| transportation company shall be determined by multiplying the true | 43753 |
| value of the watercraft as determined under division (A) of this | 43754 |
| section by a fraction, the numerator of which is the number of | 43755 |
| revenue-earning miles traveled by the watercraft in the waters of | 43756 |
| this state and the denominator of which is the number of | 43757 |
| revenue-earning miles traveled by the watercraft in all waters. | 43758 |
| (G) The cost of property subject to a sale and leaseback | 43759 |
| transaction is the cost of the property as capitalized on the | 43760 |
| books and records of the public utility owning the property | 43761 |
| immediately prior to the sale and leaseback transaction. | 43762 |
| (H) The cost as capitalized on the books and records of a | 43763 |
| public utility includes amounts capitalized that represent | 43764 |
| regulatory assets, if such amounts previously were included on the | 43765 |
| company's books and records as capitalized costs of taxable | 43766 |
| personal property. | 43767 |
| (I) Any change in the composite annual allowances as | 43768 |
| prescribed by the commissioner on a prospective basis shall not be | 43769 |
| admissible in any judicial or administrative action or proceeding | 43770 |
| as evidence of value with regard to prior years' taxes. | 43771 |
| Information about the business, property, or transactions of any | 43772 |
| taxpayer obtained by the commissioner for the purpose of adopting | 43773 |
| or modifying the composite annual allowances shall not be subject | 43774 |
| to discovery or disclosure. | 43775 |
| Sec. 5727.111. The taxable property of each public utility, | 43776 |
| except a railroad company, and of each interexchange | 43777 |
| telecommunications company shall be assessed at the following | 43778 |
| percentages of true value: | 43779 |
| (A) | 43780 |
| 43781 |
| | 43782 |
| the case of the taxable transmission and distribution property of | 43783 |
| a rural electric company, and twenty-five per cent for all its | 43784 |
| other taxable property; | 43785 |
| (B) In the case of a telephone or telegraph company, | 43786 |
| twenty-five per cent for taxable property first subject to | 43787 |
| taxation in this state for tax year 1995 or thereafter, and the | 43788 |
| following for all other taxable property: | 43789 |
| (1) For tax years prior to 2005, eighty-eight per cent; | 43790 |
| (2) For tax year 2005, sixty-seven per cent; | 43791 |
| (3) For tax year 2006, forty-six per cent; | 43792 |
| (4) For tax year 2007 and thereafter, twenty-five per cent. | 43793 |
| (C) Twenty-five per cent in the case of a natural gas | 43794 |
| company. | 43795 |
| (D) Eighty-eight per cent in the case of a pipe-line, | 43796 |
| water-works, or heating company; | 43797 |
| (E)(1) | 43798 |
| 43799 | |
| 43800 | |
| 43801 |
| | 43802 |
| cent in the case of the taxable transmission and distribution | 43803 |
| property of an electric company, and twenty-five per cent for all | 43804 |
| its other taxable property; | 43805 |
| | 43806 |
| 43807 | |
| 43808 | |
| 43809 | |
| 2006 and each tax year thereafter, eighty-five per cent in the | 43810 |
| case of the taxable transmission and distribution property of an | 43811 |
| electric company, and twenty-four per cent for all
| 43812 |
| taxable property | 43813 |
| (F) Twenty-five per cent in the case of an interexchange | 43814 |
| telecommunications company; | 43815 |
| (G) Twenty-five per cent in the case of a water | 43816 |
| transportation company. | 43817 |
| Sec. 5727.12. As used in this chapter, "property used in | 43818 |
| railroad operations" means property used in or determined by the | 43819 |
| tax commissioner to be held by a railroad for use in railroad | 43820 |
| operations. In determining the true value of all real and personal | 43821 |
| property owned or leased by each railroad company and used in | 43822 |
| railroad operations, the commissioner shall use the unitary method | 43823 |
| and value all of the property of the company's railroad system as | 43824 |
| a whole, considering the factors generally used in that method, | 43825 |
| and weighing each factor appropriately. The true value of the | 43826 |
| property used in railroad operations shall be apportioned to this | 43827 |
| state as provided in section 5727.14 of the Revised Code. The | 43828 |
| commissioner shall separately determine the true value of property | 43829 |
| owned by the company that the commissioner determines is not used | 43830 |
| in railroad operations. The commissioner may require the advice of | 43831 |
| county auditors concerning such values. | 43832 |
| All property of a railroad shall be assessed for taxation at | 43833 |
| the same percentage of true value at which all other real property | 43834 |
| in this state is assessed, in the case of real property, and at | 43835 |
| the percentage of true value provided under divisions (E) | 43836 |
| (F), and (G) of section 5711.22 of the Revised Code, in the case | 43837 |
| of personal property. | 43838 |
| A determination of the value of each tract, lot, or parcel of | 43839 |
| real property or each item of personal property not used in | 43840 |
| railroad operations shall be considered a separate determination | 43841 |
| with respect to which a separate petition for reassessment may be | 43842 |
| filed under section 5727.47 of the Revised Code. | 43843 |
| Where a line of railroad is subsidized under the terms of the | 43844 |
| federal regional rail reorganization act or the federal rail | 43845 |
| revitalization and regulatory reform act, the real and other fixed | 43846 |
| property shall be assessed solely in the name of its owner. | 43847 |
| Sec. 5727.81. (A) For the purpose of raising revenue for | 43848 |
| public education and state and local government operations, an | 43849 |
| excise tax is hereby levied and imposed on an electric | 43850 |
| distribution company for all electricity distributed by such | 43851 |
|
company | 43852 |
| 43853 | |
| distributed in a thirty-day period by the company through a meter | 43854 |
| of an end user in this state: | 43855 |
| KILOWATT HOURS DISTRIBUTED | RATE PER | 43856 | |||
| TO AN END USER | KILOWATT HOUR | 43857 | |||
| For the first 2,000 | $. |
43858 | |||
| For the next 2,001 to 15,000 | $. |
43859 | |||
| For 15,001 and above | $. |
43860 |
| If no meter is used to measure the kilowatt hours of | 43861 |
| electricity distributed by the company, the rates shall apply to | 43862 |
| the estimated kilowatt hours of electricity distributed to an | 43863 |
| unmetered location in this state. | 43864 |
| The electric distribution company shall base the monthly tax | 43865 |
| on the kilowatt hours of electricity distributed to an end user | 43866 |
| through the meter of the end user that is not measured for a | 43867 |
| thirty-day period by dividing the days in the measurement period | 43868 |
| into the total kilowatt hours measured during the measurement | 43869 |
| period to obtain a daily average usage. The tax shall be | 43870 |
| determined by obtaining the sum of divisions (A)(1), (2), and (3) | 43871 |
| of this section and multiplying that amount by the number of days | 43872 |
| in the measurement period: | 43873 |
| (1) Multiplying $ | 43874 |
| first sixty-seven kilowatt hours distributed using a daily | 43875 |
| average; | 43876 |
| (2) Multiplying $ | 43877 |
| five hundred kilowatt hours distributed using a daily average; | 43878 |
| (3) Multiplying $ | 43879 |
| hours distributed using a daily average. | 43880 |
| | 43881 |
| 43882 | |
| 43883 | |
| 43884 | |
| provided in division (C) of this section, the electric | 43885 |
| distribution company shall pay the tax to the tax commissioner in | 43886 |
| accordance with section 5727.82 of the Revised Code, unless | 43887 |
| required to remit each tax payment by electronic funds transfer to | 43888 |
| the treasurer of state in accordance with section 5727.83 of the | 43889 |
| Revised Code. | 43890 |
| Only the distribution of electricity through a meter of an | 43891 |
| end user in this state shall be used by the electric distribution | 43892 |
| company to compute the amount or estimated amount of tax due. In | 43893 |
| the event a meter is not actually read for a measurement period, | 43894 |
| the estimated kilowatt hours distributed by an electric | 43895 |
| distribution company to bill for its distribution charges shall be | 43896 |
| used. | 43897 |
| (B) Except as provided in division (C) of this section, each | 43898 |
| electric distribution company shall pay the tax imposed by this | 43899 |
| section in all of the following circumstances: | 43900 |
| (1) The electricity is distributed by the company through a | 43901 |
| meter of an end user in this state; | 43902 |
| (2) The company is distributing electricity through a meter | 43903 |
| located in another state, but the electricity is consumed in this | 43904 |
| state in the manner prescribed by the tax commissioner; | 43905 |
| (3) The company is distributing electricity in this state | 43906 |
| without the use of a meter, but the electricity is consumed in | 43907 |
| this state as estimated and in the manner prescribed by the tax | 43908 |
| commissioner. | 43909 |
| (C)(1) As used in division (C) of this section: | 43910 |
| (a) "Total price of electricity" means the aggregate value in | 43911 |
| money of anything paid or transferred, or promised to be paid or | 43912 |
| transferred, to obtain electricity or electric service, including | 43913 |
| but not limited to the value paid or promised to be paid for the | 43914 |
| transmission or distribution of electricity and for transition | 43915 |
| costs as described in Chapter 4928. of the Revised Code. | 43916 |
| (b) "Package" means the provision or the acquisition, at a | 43917 |
| combined price, of electricity with other services or products, or | 43918 |
| any combination thereof, such as natural gas or other fuels; | 43919 |
| energy management products, software, and services; machinery and | 43920 |
| equipment acquisition; and financing agreements. | 43921 |
| (c) "Single location" means a facility located on contiguous | 43922 |
| property separated only by a roadway, railway, or waterway. | 43923 |
| (2) Division (C) of this section applies to any commercial or | 43924 |
| industrial purchaser's receipt of electricity through a meter of | 43925 |
| an end user in this state or through more than one meter at a | 43926 |
| single location in this state in a quantity that exceeds | 43927 |
| forty-five million kilowatt hours of electricity over the course | 43928 |
| of the preceding calendar year, or any commercial or industrial | 43929 |
| purchaser that will consume more than forty-five million kilowatt | 43930 |
| hours of electricity over the course of the succeeding twelve | 43931 |
| months as estimated by the tax commissioner. The tax commissioner | 43932 |
|
shall
make such an estimate upon the written
request | 43933 |
| applicant for registration as a self-assessing purchaser under | 43934 |
| this division. Such a purchaser may elect to self-assess the | 43935 |
| excise tax imposed by this section at the rate of $.00075 per | 43936 |
| kilowatt hour on the first five hundred four million kilowatt | 43937 |
| hours distributed to that meter or location during the | 43938 |
|
registration year, and | 43939 |
| all electricity distributed to that meter or location. A qualified | 43940 |
| end user that receives electricity through a meter of an end user | 43941 |
| in this state or through more than one meter at a single location | 43942 |
| in this state and that consumes, over the course of the previous | 43943 |
| calendar year, more than forty-five million kilowatt hours in | 43944 |
| other than its qualifying manufacturing process, may elect to | 43945 |
| self-assess the tax as allowed by this division with respect to | 43946 |
| the electricity used in other than its qualifying manufacturing | 43947 |
|
process.
| 43948 |
| 43949 | |
| 43950 | |
| 43951 | |
| to the tax commissioner in accordance with divisions (A)(4) and | 43952 |
| (5) of section 5727.82 of the Revised Code, or the treasurer of | 43953 |
| state in accordance with section 5727.83 of the Revised Code. If | 43954 |
| the electric distribution company serving the self-assessing | 43955 |
| purchaser is a municipal electric utility and the purchaser is | 43956 |
| within the municipal corporation's corporate limits, payment shall | 43957 |
| be made to such municipal corporation's general fund and reports | 43958 |
| shall be filed in accordance with divisions (A)(4) and (5) of | 43959 |
| section 5727.82 of the Revised Code, except that "municipal | 43960 |
| corporation" shall be substituted for "treasurer of state" and | 43961 |
| "tax commissioner." A self-assessing purchaser that pays the | 43962 |
| excise tax as provided in this division shall not be required to | 43963 |
| pay the tax to the electric distribution company from which its | 43964 |
| electricity is distributed. If a self-assessing purchaser's | 43965 |
| receipt of electricity is not subject to the tax as measured under | 43966 |
| this division, the tax on the receipt of such electricity shall be | 43967 |
| measured and paid as provided in division (A) of this section. | 43968 |
| (3) In the case of the acquisition of a package, unless the | 43969 |
| elements of the package are separately stated isolating the total | 43970 |
| price of electricity from the price of the remaining elements of | 43971 |
| the package, the tax imposed under this section applies to the | 43972 |
| entire price of the package. If the elements of the package are | 43973 |
| separately stated, the tax imposed under this section applies to | 43974 |
| the total price of the electricity. | 43975 |
| (4) Any electric supplier that sells electricity as part of a | 43976 |
| package shall separately state to the purchaser the total price of | 43977 |
| the electricity and, upon request by the tax commissioner, the | 43978 |
| total price of each of the other elements of the package. | 43979 |
| (5) The tax commissioner may adopt rules relating to the | 43980 |
| computation of the total price of electricity with respect to | 43981 |
| self-assessing purchasers, which may include rules to establish | 43982 |
| the total price of electricity purchased as part of a package. | 43983 |
| (6) An annual application for registration as a | 43984 |
| self-assessing purchaser shall be made for each qualifying meter | 43985 |
| or location on a form prescribed by the tax commissioner. The | 43986 |
| registration year begins on the first day of May and ends on the | 43987 |
| following thirtieth day of April. Persons may apply after the | 43988 |
| first day of May for the remainder of the registration year. In | 43989 |
| the case of an applicant applying on the basis of an estimated | 43990 |
| consumption of forty-five million kilowatt hours over the course | 43991 |
| of the succeeding twelve months, the applicant shall provide such | 43992 |
| information as the tax commissioner considers to be necessary to | 43993 |
| estimate such consumption. At the time of making the application | 43994 |
|
and by the first day of May of each year, | 43995 |
| self-assessing purchaser shall pay a fee of five hundred dollars | 43996 |
| to the tax commissioner, or to the treasurer of state as provided | 43997 |
| in section 5727.83 of the Revised Code, for each qualifying meter | 43998 |
| or location. The tax commissioner shall immediately pay to the | 43999 |
| treasurer of state all amounts that the tax commissioner receives | 44000 |
| under this section. The treasurer of state shall deposit such | 44001 |
| amounts into the kilowatt hour excise tax administration fund, | 44002 |
| which is hereby created in the state treasury. Money in the fund | 44003 |
| shall be used to defray the tax commissioner's cost in | 44004 |
| administering the tax owed under section 5727.81 of the Revised | 44005 |
| Code by self-assessing purchasers. After the application is | 44006 |
| approved by the tax commissioner, the registration shall remain in | 44007 |
| effect for the current registration year, or until canceled by the | 44008 |
| registrant upon written notification to the commissioner of the | 44009 |
| election to pay the tax in accordance with division (A) of this | 44010 |
| section, or until canceled by the tax commissioner for not paying | 44011 |
| the tax or fee under division (C) of this section or for not | 44012 |
| meeting the qualifications in division (C)(2) of this section. The | 44013 |
| tax commissioner shall give written notice to the electric | 44014 |
| distribution company from which electricity is delivered to a | 44015 |
| self-assessing purchaser of the purchaser's self-assessing status, | 44016 |
| and the electric distribution company is relieved of the | 44017 |
| obligation to pay the tax imposed by division (A) of this section | 44018 |
| for electricity distributed to that self-assessing purchaser until | 44019 |
| it is notified by the tax commissioner that the self-assessing | 44020 |
| purchaser's registration is canceled. Within fifteen days of | 44021 |
| notification of the canceled registration, the electric | 44022 |
| distribution company shall be responsible for payment of the tax | 44023 |
| imposed by division (A) of this section on electricity distributed | 44024 |
| to a purchaser that is no longer registered as a self-assessing | 44025 |
| purchaser. A self-assessing purchaser with a canceled registration | 44026 |
| must file a report and remit the tax imposed by division (A) of | 44027 |
| this section on all electricity it receives for any measurement | 44028 |
| period prior to the tax being reported and paid by the electric | 44029 |
| distribution company. A self-assessing purchaser whose | 44030 |
| registration is canceled by the tax commissioner is not eligible | 44031 |
| to register as a self-assessing purchaser for two years after the | 44032 |
| registration is canceled. | 44033 |
| (7) If the tax commissioner cancels the self-assessing | 44034 |
| registration of a purchaser registered on the basis of its | 44035 |
| estimated consumption because the purchaser does not consume at | 44036 |
| least forty-five million kilowatt hours of electricity over the | 44037 |
| course of the twelve-month period for which the estimate was made, | 44038 |
| the tax commissioner shall assess and collect from the purchaser | 44039 |
| the difference between (a) the amount of tax that would have been | 44040 |
| payable under division (A) of this section on the electricity | 44041 |
| distributed to the purchaser during that period, and (b) the | 44042 |
| amount of tax paid by the purchaser on such electricity pursuant | 44043 |
| to division (C)(2)(a) of this section. The assessment shall be | 44044 |
| paid within sixty days after the tax commissioner issues it, | 44045 |
| regardless of whether the purchaser files a petition for | 44046 |
| reassessment under section 5727.89 of the Revised Code covering | 44047 |
| that period. If the purchaser does not pay the assessment within | 44048 |
| the time prescribed, the amount assessed is subject to the | 44049 |
| additional charge and the interest prescribed by divisions (B) and | 44050 |
| (C) of section 5727.82 of the Revised Code, and is subject to | 44051 |
| assessment under section 5727.89 of the Revised Code. If the | 44052 |
| purchaser is a qualified end user, division (C)(7) of this section | 44053 |
| applies only to electricity it consumes in other than its | 44054 |
| qualifying manufacturing process. | 44055 |
| (D) The tax imposed by this section does not apply to the | 44056 |
| distribution of any kilowatt hours of electricity to the federal | 44057 |
| government, to an end user located at a federal facility that uses | 44058 |
| electricity for the enrichment of uranium, to a qualified | 44059 |
| regeneration meter, or to an end user for any day the end user is | 44060 |
| a qualified end user. The exemption under this division for a | 44061 |
| qualified end user only applies to the manufacturing location | 44062 |
| where the qualified end user uses more than three million kilowatt | 44063 |
| hours per day in a qualifying manufacturing process. | 44064 |
| Sec. 5727.84. (A) As used in this section and sections | 44065 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 44066 |
| (1) "School district" means a city, local, or exempted | 44067 |
| village school district. | 44068 |
| (2) "Joint vocational school district" means a joint | 44069 |
| vocational school district created under section 3311.16 of the | 44070 |
| Revised Code, and includes a cooperative education school district | 44071 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 44072 |
| a county school financing district created under section 3311.50 | 44073 |
| of the Revised Code. | 44074 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 44075 |
| as defined in section 5705.01 of the Revised Code, a park district | 44076 |
| created under Chapter 1545. of the Revised Code, or a township | 44077 |
| park district established under section 511.23 of the Revised | 44078 |
| Code, but excludes school districts and joint vocational school | 44079 |
| districts. | 44080 |
| (4) "State education aid" means the sum of state aid amounts | 44081 |
| computed for a school district or joint vocational school district | 44082 |
| under Chapter 3317. of the Revised Code. | 44083 |
| (5) "State education aid offset" means the amount determined | 44084 |
| for each school district or joint vocational school district under | 44085 |
| division (A)(1) of section 5727.85 of the Revised Code. | 44086 |
| (6) "Recognized valuation" has the same meaning as in section | 44087 |
| 3317.02 of the Revised Code. | 44088 |
| (7) "Electric company tax value loss" means the amount | 44089 |
| determined under division (D) of this section. | 44090 |
| (8) "Natural gas company tax value loss" means the amount | 44091 |
| determined under division (E) of this section. | 44092 |
| (9) "Tax value loss" means the sum of the electric company | 44093 |
| tax value loss and the natural gas company tax value loss. | 44094 |
| (10) "Fixed-rate levy" means any tax levied on property other | 44095 |
| than a fixed-sum levy. | 44096 |
| (11) "Fixed-rate levy loss" means the amount determined under | 44097 |
| division (G) of this section. | 44098 |
| (12) "Fixed-sum levy" means a tax levied on property at | 44099 |
| whatever rate is required to produce a specified amount of tax | 44100 |
| money or levied in excess of the ten-mill limitation to pay debt | 44101 |
| charges, and includes school district emergency levies imposed | 44102 |
| pursuant to section 5705.194 of the Revised Code. | 44103 |
| (13) "Fixed-sum levy loss" means the amount determined under | 44104 |
| division (H) of this section. | 44105 |
| (14) "Consumer price index" means the consumer price index | 44106 |
| (all items, all urban consumers) prepared by the bureau of labor | 44107 |
| statistics of the United States department of labor. | 44108 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 44109 |
| the state treasury and shall consist of money arising from the tax | 44110 |
|
imposed by section
5727.81 of
the Revised Code. | 44111 |
| August 1, 2005, all money in the kilowatt-hour tax receipts fund | 44112 |
| shall be credited as follows: | 44113 |
| (1) | 44114 |
| thirteen one-thousandths per cent, shall be credited to the | 44115 |
| general revenue fund. | 44116 |
| (2) Two and | 44117 |
| per cent shall be credited to the local government fund, for | 44118 |
| distribution in accordance with section 5747.50 of the Revised | 44119 |
| Code. | 44120 |
| (3) | 44121 |
| one-thousandths per cent shall be credited to the local government | 44122 |
| revenue assistance fund, for distribution in accordance with | 44123 |
| section 5747.61 of the Revised Code. | 44124 |
| (4) | 44125 |
| thirty-eight one-thousandths per cent shall be credited to the | 44126 |
| school district property tax replacement fund, which is hereby | 44127 |
| created in the state treasury for the purpose of making the | 44128 |
| payments described in section 5727.85 of the Revised Code. | 44129 |
| (5) | 44130 |
| one-thousandths per cent shall be credited to the local government | 44131 |
| property tax replacement fund, which is hereby created in the | 44132 |
| state treasury for the purpose of making the payments described in | 44133 |
| section 5727.86 of the Revised Code. | 44134 |
| | 44135 |
| 44136 | |
| 44137 | |
| 44138 | |
| 44139 | |
| 44140 | |
| 44141 | |
| 44142 | |
| 44143 | |
| 44144 |
| | 44145 |
| 44146 | |
| 44147 | |
| 44148 | |
| 44149 | |
| 44150 | |
| 44151 | |
| 44152 | |
| 44153 | |
| 44154 | |
| 44155 |
| (C) The natural gas tax receipts fund is hereby created in | 44156 |
| the state treasury and shall consist of money arising from the tax | 44157 |
| imposed by section 5727.811 of the Revised Code. All money in the | 44158 |
| fund shall be credited as follows: | 44159 |
| (1) Sixty-eight and seven-tenths per cent shall be credited | 44160 |
| to the school district property tax replacement fund for the | 44161 |
| purpose of making the payments described in section 5727.85 of the | 44162 |
| Revised Code. | 44163 |
| (2) Thirty-one and three-tenths per cent shall be credited to | 44164 |
| the local government property tax replacement fund for the purpose | 44165 |
| of making the payments described in section 5727.86 of the Revised | 44166 |
| Code. | 44167 |
| | 44168 |
| 44169 | |
| 44170 | |
| 44171 | |
| 44172 | |
| 44173 | |
| 44174 | |
| 44175 | |
| 44176 | |
| 44177 |
| (D) Not later than January 1, 2002, the tax commissioner | 44178 |
| shall determine for each taxing district its electric company tax | 44179 |
| value loss, which is the sum of the applicable amounts described | 44180 |
| in divisions (D)(1) to (3) of this section: | 44181 |
| (1) The difference obtained by subtracting the amount | 44182 |
| described in division (D)(1)(b) from the amount described in | 44183 |
| division (D)(1)(a) of this section. | 44184 |
| (a) The value of electric company and rural electric company | 44185 |
| tangible personal property as assessed by the tax commissioner for | 44186 |
| tax year 1998 on a preliminary assessment, or an amended | 44187 |
| preliminary assessment if issued prior to March 1, 1999, and as | 44188 |
| apportioned to the taxing district for tax year 1998; | 44189 |
| (b) The value of electric company and rural electric company | 44190 |
| tangible personal property as assessed by the tax commissioner for | 44191 |
| tax year 1998 had the property been apportioned to the taxing | 44192 |
| district for tax year 2001, and assessed at the rates in effect | 44193 |
| for tax year 2001. | 44194 |
| (2) The difference obtained by subtracting the amount | 44195 |
| described in division (D)(2)(b) from the amount described in | 44196 |
| division (D)(2)(a) of this section. | 44197 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 44198 |
| of the assessed value from nuclear fuel materials and assemblies | 44199 |
| assessed against a person under Chapter 5711. of the Revised Code | 44200 |
| from the leasing of them to an electric company for those | 44201 |
| respective tax years, as reflected in the preliminary assessments; | 44202 |
| (b) The three-year average assessed value from nuclear fuel | 44203 |
| materials and assemblies assessed under division (D)(2)(a) of this | 44204 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 44205 |
| preliminary assessments, using an assessment rate of twenty-five | 44206 |
| per cent. | 44207 |
| (3) In the case of a taxing district having a nuclear power | 44208 |
| plant within its territory, any amount, resulting in an electric | 44209 |
| company tax value loss, obtained by subtracting the amount | 44210 |
| described in division (D)(1) of this section from the difference | 44211 |
| obtained by subtracting the amount described in division (D)(3)(b) | 44212 |
| of this section from the amount described in division (D)(3)(a) of | 44213 |
| this section. | 44214 |
| (a) The value of electric company tangible personal property | 44215 |
| as assessed by the tax commissioner for tax year 2000 on a | 44216 |
| preliminary assessment, or an amended preliminary assessment if | 44217 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 44218 |
| district for tax year 2000; | 44219 |
| (b) The value of electric company tangible personal property | 44220 |
| as assessed by the tax commissioner for tax year 2001 on a | 44221 |
| preliminary assessment, or an amended preliminary assessment if | 44222 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 44223 |
| district for tax year 2001. | 44224 |
| (E) Not later than January 1, 2002, the tax commissioner | 44225 |
| shall determine for each taxing district its natural gas company | 44226 |
| tax value loss, which is the sum of the amounts described in | 44227 |
| divisions (E)(1) and (2) of this section: | 44228 |
| (1) The difference obtained by subtracting the amount | 44229 |
| described in division (E)(1)(b) from the amount described in | 44230 |
| division (E)(1)(a) of this section. | 44231 |
| (a) The value of all natural gas company tangible personal | 44232 |
| property, other than property described in division (E)(2) of this | 44233 |
| section, as assessed by the tax commissioner for tax year 1999 on | 44234 |
| a preliminary assessment, or an amended preliminary assessment if | 44235 |
| issued prior to March 1, 2000, and apportioned to the taxing | 44236 |
| district for tax year 1999; | 44237 |
| (b) The value of all natural gas company tangible personal | 44238 |
| property, other than property described in division (E)(2) of this | 44239 |
| section, as assessed by the tax commissioner for tax year 1999 had | 44240 |
| the property been apportioned to the taxing district for tax year | 44241 |
| 2001, and assessed at the rates in effect for tax year 2001. | 44242 |
| (2) The difference in the value of current gas obtained by | 44243 |
| subtracting the amount described in division (E)(2)(b) from the | 44244 |
| amount described in division (E)(2)(a) of this section. | 44245 |
| (a) The three-year average assessed value of current gas as | 44246 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 44247 |
| 1999 on a preliminary assessment, or an amended preliminary | 44248 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 44249 |
| the taxing district for those respective years; | 44250 |
| (b) The three-year average assessed value from current gas | 44251 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 44252 |
| and 1999, as reflected in the preliminary assessment, using an | 44253 |
| assessment rate of twenty-five per cent. | 44254 |
| (F) The tax commissioner may request that natural gas | 44255 |
| companies, electric companies, and rural electric companies file a | 44256 |
| report to help determine the tax value loss under divisions (D) | 44257 |
| and (E) of this section. The report shall be filed within thirty | 44258 |
| days of the commissioner's request. A company that fails to file | 44259 |
| the report or does not timely file the report is subject to the | 44260 |
| penalty in section 5727.60 of the Revised Code. | 44261 |
| (G) Not later than January 1, 2002, the tax commissioner | 44262 |
| shall determine for each school district, joint vocational school | 44263 |
| district, and local taxing unit its fixed-rate levy loss, which is | 44264 |
| the sum of its electric company tax value loss multiplied by the | 44265 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 44266 |
| natural gas company tax value loss multiplied by the tax rate in | 44267 |
| effect in tax year 1999 for fixed-rate levies. | 44268 |
| (H) Not later than January 1, 2002, the tax commissioner | 44269 |
| shall determine for each school district, joint vocational school | 44270 |
| district, and local taxing unit its fixed-sum levy loss, which is | 44271 |
| the amount obtained by subtracting the amount described in | 44272 |
| division (H)(2) of this section from the amount described in | 44273 |
| division (H)(1) of this section: | 44274 |
| (1) The sum of the electric company tax value loss multiplied | 44275 |
| by the tax rate in effect in tax year 1998, and the natural gas | 44276 |
| company tax value loss multiplied by the tax rate in effect in tax | 44277 |
| year 1999, for fixed-sum levies for all taxing districts within | 44278 |
| each school district, joint vocational school district, and local | 44279 |
| taxing unit. For the years 2002 through 2006, this computation | 44280 |
| shall include school district emergency levies that existed in | 44281 |
| 1998 in the case of the electric company tax value loss, and 1999 | 44282 |
| in the case of the natural gas company tax value loss, and all | 44283 |
| other fixed-sum levies that existed in 1998 in the case of the | 44284 |
| electric company tax value loss and 1999 in the case of the | 44285 |
| natural gas company tax value loss and continue to be charged in | 44286 |
| the tax year preceding the distribution year. For the years 2007 | 44287 |
| through 2016 in the case of school district emergency levies, and | 44288 |
| for all years after 2006 in the case of all other fixed-sum | 44289 |
| levies, this computation shall exclude all fixed-sum levies that | 44290 |
| existed in 1998 in the case of the electric company tax value loss | 44291 |
| and 1999 in the case of the natural gas company tax value loss, | 44292 |
| but are no longer in effect in the tax year preceding the | 44293 |
| distribution year. For the purposes of this section, an emergency | 44294 |
| levy that existed in 1998 in the case of the electric company tax | 44295 |
| value loss, and 1999 in the case of the natural gas company tax | 44296 |
| value loss, continues to exist in a year beginning on or after | 44297 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 44298 |
| board of education levies a school district emergency levy for an | 44299 |
| annual sum at least equal to the annual sum levied by the board in | 44300 |
| tax year 1998 or 1999, respectively, less the amount of the | 44301 |
| payment certified under this division for 2002. | 44302 |
| (2) The total taxable value in tax year 1999 less the tax | 44303 |
| value loss in each school district, joint vocational school | 44304 |
| district, and local taxing unit multiplied by one-fourth of one | 44305 |
| mill. | 44306 |
| If the amount computed under division (H) of this section for | 44307 |
| any school district, joint vocational school district, or local | 44308 |
| taxing unit is greater than zero, that amount shall equal the | 44309 |
| fixed-sum levy loss reimbursed pursuant to division (E) of section | 44310 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 44311 |
| of the Revised Code, and the one-fourth of one mill that is | 44312 |
| subtracted under division (H)(2) of this section shall be | 44313 |
| apportioned among all contributing fixed-sum levies in the | 44314 |
| proportion of each levy to the sum of all fixed-sum levies within | 44315 |
| each school district, joint vocational school district, or local | 44316 |
| taxing unit. | 44317 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 44318 |
| section, in computing the tax value loss, fixed-rate levy loss, | 44319 |
| and fixed-sum levy loss, the tax commissioner shall use the | 44320 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 44321 |
| levy losses associated with the electric company tax value loss, | 44322 |
| but the 1999 tax rate shall not include for this purpose any tax | 44323 |
| levy approved by the voters after June 30, 1999, and the tax | 44324 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 44325 |
| rate in the case of levy losses associated with the natural gas | 44326 |
| company tax value loss. | 44327 |
| (J) Not later than January 1, 2002, the tax commissioner | 44328 |
| shall certify to the department of education the tax value loss | 44329 |
| determined under divisions (D) and (E) of this section for each | 44330 |
| taxing district, the fixed-rate levy loss calculated under | 44331 |
| division (G) of this section, and the fixed-sum levy loss | 44332 |
| calculated under division (H) of this section. The calculations | 44333 |
| under divisions (G) and (H) of this section shall separately | 44334 |
| display the levy loss for each levy eligible for reimbursement. | 44335 |
| (K) Not later than September 1, 2001, the tax commissioner | 44336 |
| shall certify the amount of the fixed-sum levy loss to the county | 44337 |
| auditor of each county in which a school district with a fixed-sum | 44338 |
| levy loss has territory. | 44339 |
| Sec. 5727.85. (A) By the thirty-first day of July of each | 44340 |
| year, beginning in 2002 and ending in 2016, the department of | 44341 |
| education shall determine the following for each school district | 44342 |
| and each joint vocational school district eligible for payment | 44343 |
| under division (C) or (D) of this section: | 44344 |
| (1) The state education aid offset, which is the difference | 44345 |
| obtained by subtracting the amount described in division (A)(1)(b) | 44346 |
| of this section from the amount described in division (A)(1)(a) of | 44347 |
| this section: | 44348 |
| (a) The state education aid computed for the school district | 44349 |
| or joint vocational school district for the current fiscal year as | 44350 |
| of the thirty-first day of July; | 44351 |
| (b) The state education aid that would be computed for the | 44352 |
| school district or joint vocational school district for the | 44353 |
| current fiscal year as of the thirty-first day of July if the | 44354 |
| recognized valuation included the tax value loss for the school | 44355 |
| district or joint vocational school district. | 44356 |
| (2) The greater of zero or the difference obtained by | 44357 |
| subtracting the state education aid offset determined under | 44358 |
| division (A)(1) of this section from the fixed-rate levy loss | 44359 |
| certified under division (J) of section 5727.84 of the Revised | 44360 |
| Code for all taxing districts in each school district and joint | 44361 |
| vocational school district. | 44362 |
| By the fifth day of August of each such year, the department | 44363 |
| of education shall certify the amount so determined under division | 44364 |
| (A)(1) of this section to the director of budget and management. | 44365 |
| (B) Not later than the thirty-first day of October of the | 44366 |
| years 2006 through 2016, the department of education shall | 44367 |
| determine all of the following for each school district: | 44368 |
| (1) The amount obtained by subtracting the district's state | 44369 |
| education aid computed for fiscal year 2002 from the district's | 44370 |
| state education aid computed for the current fiscal year; | 44371 |
| (2) The inflation-adjusted property tax loss. The | 44372 |
| inflation-adjusted property tax loss equals the fixed-rate levy | 44373 |
| loss, excluding the tax loss from levies within the ten-mill | 44374 |
| limitation to pay debt charges, determined under division (G) of | 44375 |
| section 5727.84 of the Revised Code for all taxing districts in | 44376 |
| each school district, plus the product obtained by multiplying | 44377 |
| that loss by the cumulative percentage increase in the consumer | 44378 |
| price index from January 1, 2002, to the thirtieth day of June of | 44379 |
| the current year. | 44380 |
| (3) The difference obtained by subtracting the amount | 44381 |
| computed under division (B)(1) from the amount of the | 44382 |
| inflation-adjusted property tax loss. If this difference is zero | 44383 |
| or a negative number, no further payments shall be made under | 44384 |
| division (C) of this section to the school district from the | 44385 |
| school district property tax replacement fund. | 44386 |
| (C) The department of education shall pay from the school | 44387 |
| district property tax replacement fund to each school district all | 44388 |
| of the following: | 44389 |
| (1) In February 2002, one-half of the fixed-rate levy loss | 44390 |
| certified under division (J) of section 5727.84 of the Revised | 44391 |
| Code between the twenty-first and twenty-eighth days of February. | 44392 |
| (2) From August 2002 through August 2006, one-half of the | 44393 |
| amount calculated for that fiscal year under division (A)(2) of | 44394 |
| this section between the twenty-first and twenty-eighth days of | 44395 |
| August and of February. | 44396 |
| (3) From February 2007 through August 2016, one-half of the | 44397 |
| amount calculated for that calendar year under division (B)(3) of | 44398 |
| this section between the twenty-first and twenty-eighth days of | 44399 |
| August and of February. | 44400 |
| (4) For taxes levied within the ten-mill limitation for debt | 44401 |
| purposes in tax year 1998 in the case of electric company tax | 44402 |
| value losses, and in tax year 1999 in the case of natural gas | 44403 |
| company tax value losses, payments shall be made equal to one | 44404 |
| hundred per cent of the loss computed as if the tax were a | 44405 |
| fixed-rate levy, but those payments shall extend from fiscal year | 44406 |
| 2006 through fiscal year 2016. | 44407 |
| The department of education shall report to each school | 44408 |
| district the apportionment of the payments among the school | 44409 |
| district's funds based on the certifications under division (J) of | 44410 |
| section 5727.84 of the Revised Code. | 44411 |
| (D) Not later than January 1, 2002, for all taxing districts | 44412 |
| in each joint vocational school district, the tax commissioner | 44413 |
| shall certify to the department of education the fixed-rate levy | 44414 |
| loss determined under division (G) of section 5727.84 of the | 44415 |
| Revised Code. From February 2002 to August 2016, the department | 44416 |
| shall pay from the school district property tax replacement fund | 44417 |
| to the joint vocational school district one-half of the amount | 44418 |
| calculated for that fiscal year under division (A)(2) of this | 44419 |
| section between the twenty-first and twenty-eighth days of August | 44420 |
| and of February. | 44421 |
| (E)(1) Not later than January 1, 2002, for each fixed-sum | 44422 |
| levy levied by each school district or joint vocational school | 44423 |
| district and for each year for which a determination is made under | 44424 |
| division (H) of section 5727.84 of the Revised Code that a | 44425 |
| fixed-sum levy loss is to be reimbursed, the tax commissioner | 44426 |
| shall certify to the department of education the fixed-sum levy | 44427 |
| loss determined under that division. The certification shall cover | 44428 |
| a time period sufficient to include all fixed-sum levies for which | 44429 |
| the tax commissioner made such a determination. The department | 44430 |
| shall pay from the school district property tax replacement fund | 44431 |
| to the school district or joint vocational school district | 44432 |
| one-half of the fixed-sum levy loss so certified for each year | 44433 |
| between the twenty-first and twenty-eighth days of August and of | 44434 |
| February. | 44435 |
| (2) Beginning in 2003, by the thirty-first day of January of | 44436 |
| each year, the tax commissioner shall review the certification | 44437 |
| originally made under division (E)(1) of this section. If the | 44438 |
| commissioner determines that a debt levy that had been scheduled | 44439 |
| to be reimbursed in the current year has expired, a revised | 44440 |
| certification for that and all subsequent years shall be made to | 44441 |
| the department of education. | 44442 |
| (F) If the balance of the half-mill equalization fund created | 44443 |
| under section 3318.111 of the Revised Code is insufficient to make | 44444 |
| the full amount of payments required under division (D) of that | 44445 |
| section, the department of education, at the end of the third | 44446 |
| quarter of the fiscal year, shall certify to the director of | 44447 |
| budget and management the amount of the deficiency, and the | 44448 |
| director shall transfer an amount equal to the deficiency from the | 44449 |
| school district property tax replacement fund to the half-mill | 44450 |
| equalization fund. | 44451 |
| (G)
Beginning in August 2002,
and ending in | 44452 |
| 2017, the director of budget and management shall transfer from | 44453 |
| the school district property tax replacement fund to the general | 44454 |
| revenue fund each of the following: | 44455 |
| (1) Between the twenty-eighth day of August and the fifth day | 44456 |
| of September, the lesser of one-half of the amount certified for | 44457 |
| that fiscal year under division (A)(2) of this section or the | 44458 |
| balance in the school district property tax replacement fund; | 44459 |
| (2) Between the first and fifth days of | 44460 |
| of one-half of the amount certified for that fiscal year under | 44461 |
| division (A)(2) of this section or the balance in the school | 44462 |
| district property tax replacement fund. | 44463 |
| | 44464 |
| 44465 | |
| 44466 | |
| 44467 | |
| 44468 | |
| 44469 | |
| 44470 | |
| 44471 | |
| 44472 | |
| 44473 | |
| 44474 | |
| 44475 | |
| 44476 | |
| 44477 | |
| 44478 | |
| 44479 | |
| 44480 | |
| 44481 | |
| 44482 |
| | 44483 |
| 44484 | |
| 44485 | |
| 44486 | |
| 44487 | |
| 44488 | |
| 44489 | |
| 44490 | |
| 44491 | |
| 44492 | |
| 44493 | |
| 44494 | |
| 44495 | |
| 44496 |
| | 44497 |
| 44498 | |
| 44499 | |
| 44500 |
| | 44501 |
| 44502 | |
| 44503 |
| (H) On the first day of June each year, the director of | 44504 |
| budget and management shall transfer any balance remaining in the | 44505 |
| school district property tax replacement fund after the payments | 44506 |
| have been made under divisions (C), (D), (E), (F), and (G) of this | 44507 |
| section to the half-mill equalization fund created under section | 44508 |
| 3318.111 of the Revised Code. | 44509 |
| (I) From fiscal year 2002 through fiscal year 2016, if the | 44510 |
| total amount in the school district property tax replacement fund | 44511 |
|
is insufficient to make all payments under
divisions (C), (D), | 44512 |
| (E), and (F) of this section at the time the payments are to be | 44513 |
| made, the director of budget and management shall transfer from | 44514 |
| the general revenue fund to the school district property tax | 44515 |
| replacement fund the difference between the total amount to be | 44516 |
| paid and the total amount in the school district property tax | 44517 |
| replacement fund, except that no transfer shall be made by reason | 44518 |
| of a deficiency to the extent that it results from the amendment | 44519 |
| of section 5727.84 of the Revised Code by Amended Substitute House | 44520 |
| Bill No. 95 of the 125th general assembly. | 44521 |
| (J) If all | 44522 |
| joint vocational school district is merged with an existing | 44523 |
| district, or if a part of the territory of a school district or | 44524 |
| joint vocational school district is
transferred
to
| 44525 |
| existing or new district, the department of education, in | 44526 |
| consultation with the tax commissioner, shall adjust the payments | 44527 |
|
made under
this section | 44528 |
| 44529 | |
| 44530 |
| (1) For the merger of all of the territory of two or more | 44531 |
| districts, the fixed-rate levy loss and the fixed-sum levy loss of | 44532 |
| the successor district shall be equal to the sum of the fixed-rate | 44533 |
| levy losses and the fixed-sum levy losses for each of the | 44534 |
| districts involved in the merger. | 44535 |
| (2) For the transfer of a part of one district's territory to | 44536 |
| an existing district, the amount of the fixed-rate levy loss that | 44537 |
| is transferred to the recipient district shall be an amount equal | 44538 |
| to the transferring district's total fixed-rate levy loss times a | 44539 |
| fraction, the numerator of which is the value of electric company | 44540 |
| tangible personal property located in the part of the territory | 44541 |
| that was transferred, and the denominator of which is the total | 44542 |
| value of electric company tangible personal property located in | 44543 |
| the entire district from which the territory was transferred. The | 44544 |
| value of electric company tangible personal property under this | 44545 |
| division shall be determined for the most recent year for which | 44546 |
| data is available. Fixed-sum levy losses for both districts shall | 44547 |
| be determined under division (J)(4) of this section. | 44548 |
| (3) For the transfer of a part of the territory of one or | 44549 |
| more districts to create a new district: | 44550 |
| (a) If the new district is created on or after January 1, | 44551 |
| 2000, but before January 1, 2005, the new district shall be paid | 44552 |
| its current fixed-rate levy loss through August 2006. From | 44553 |
| February 2007 to August 2016, the new district shall be paid the | 44554 |
| lesser of: (i) the amount calculated under division (B) of this | 44555 |
| section or (ii) an amount determined under the schedule in | 44556 |
| division (A)(1) of section 5727.86 of the Revised Code, as if for | 44557 |
| this purpose the new district was a local taxing unit under that | 44558 |
| section. Fixed-sum levy losses for the districts shall be | 44559 |
| determined under division (J)(4) of this section. | 44560 |
| (b) If the new district is created on or after January 1, | 44561 |
| 2005, the new district shall be deemed not to have any fixed-rate | 44562 |
| levy loss or, except as provided in division (J)(4) of this | 44563 |
| section, fixed-sum levy loss. The district or districts from which | 44564 |
| the territory was transferred shall have no reduction in their | 44565 |
| fixed-rate levy loss, or, except as provided in division (J)(4) of | 44566 |
| this section, their fixed-sum levy loss. | 44567 |
| (4) If a recipient district under division (J)(2) of this | 44568 |
| section or a new district under division (J)(3)(a) or (b) of this | 44569 |
| section takes on debt from one or more of the districts from which | 44570 |
| territory was transferred, and any of the districts transferring | 44571 |
| the territory had fixed-sum levy losses, the department of | 44572 |
| education, in consultation with the tax commissioner, shall make | 44573 |
| an equitable division of the fixed-sum levy losses. | 44574 |
| (K) There is hereby created the public utility property tax | 44575 |
| study committee, effective January 1, 2011. The committee shall | 44576 |
| consist of the following seven members: the tax commissioner, | 44577 |
| three members of the senate appointed by the president of the | 44578 |
| senate, and three members of the house of representatives | 44579 |
| appointed by the speaker of the house of representatives. The | 44580 |
| appointments shall be made not later than January 31, 2011. The | 44581 |
| tax commissioner shall be the chairperson of the committee. | 44582 |
| The committee shall study the extent to which each school | 44583 |
| district or joint vocational school district has been compensated, | 44584 |
| under sections 5727.84 and 5727.85 of the Revised Code as enacted | 44585 |
| by Substitute Senate Bill No. 3 of the 123rd general assembly and | 44586 |
| any subsequent acts, for the property tax loss caused by the | 44587 |
| reduction in the assessment rates for natural gas, electric, and | 44588 |
| rural electric company tangible personal property. Not later than | 44589 |
| June 30, 2011, the committee shall issue a report of its findings, | 44590 |
| including any recommendations for providing additional | 44591 |
| compensation for the property tax loss or regarding remedial | 44592 |
| legislation, to the president of the senate and the speaker of the | 44593 |
| house of representatives, at which time the committee shall cease | 44594 |
| to exist. | 44595 |
| The department of taxation and department of education shall | 44596 |
| provide such information and assistance as is required for the | 44597 |
| committee to carry out its duties. | 44598 |
| Sec. 5731.01. As used in this chapter: | 44599 |
| (A) The "value of the gross estate" of the decedent shall | 44600 |
| include, to the extent provided in sections 5731.03 to 5731.131 of | 44601 |
| the Revised Code, the value, on the | 44602 |
| death or on an alternate valuation date prescribed by division (D) | 44603 |
| of this section, of all property, real or personal, tangible or | 44604 |
| intangible, wherever situated, except real property situated and | 44605 |
| tangible personal property having an actual situs outside of this | 44606 |
| state. | 44607 |
| (B) Subject to the provisions of section 5731.011 of the | 44608 |
| Revised Code that permit a valuation of qualified farm property at | 44609 |
| its value for its actual qualified use, the value of any property | 44610 |
| included in the gross estate shall be the price at which such | 44611 |
| property would change hands between a willing buyer and a willing | 44612 |
| seller, neither being under any compulsion to buy or sell and both | 44613 |
| having reasonable knowledge of relevant facts. All relevant facts | 44614 |
| and elements of value as of the valuation date shall be considered | 44615 |
| in determining such value. | 44616 |
| The rulings and regulations of the internal revenue service | 44617 |
| and decisions of the federal courts defining the principles | 44618 |
| applicable in determining fair market value for purposes of the | 44619 |
| federal estate tax imposed by Subchapter A, Chapter 11 of the | 44620 |
|
Internal Revenue Code | 44621 |
| be applied in determining fair market value for purposes of the | 44622 |
| estate taxes imposed by this chapter, to the extent that these | 44623 |
| rulings, regulations, and decisions are not inconsistent with the | 44624 |
| express provisions of this chapter, but the actual determination | 44625 |
| of the fair market value by the internal revenue service of any | 44626 |
| asset included in the gross estate is not controlling for purposes | 44627 |
| of the estate taxes imposed by this chapter, unless the person | 44628 |
| filing the estate tax return and the tax commissioner have agreed | 44629 |
| in writing to be bound by the federal determination, as provided | 44630 |
| in section 5731.26 of the Revised Code. | 44631 |
| (C) In the case of stock and securities of a corporation the | 44632 |
| value of which, by reason of their not being listed on an exchange | 44633 |
| and by reason of the absence of sales of them, cannot be | 44634 |
| determined with reference to bid and asked prices, or with | 44635 |
| reference to sales prices, the value of them shall be determined | 44636 |
| by taking into consideration, in addition to all other factors, | 44637 |
| the value of stock or securities of corporations engaged in the | 44638 |
| same or a similar line of business which are listed on an exchange | 44639 |
| or which are traded actively in the over-the-counter market. | 44640 |
| If a valuation of securities is undertaken by reference to | 44641 |
| market transactions and if the block of securities to be valued is | 44642 |
| so large in relation to actual sales on existing markets that it | 44643 |
| could not be liquidated in a reasonable time without depressing | 44644 |
| the market, the price at which the block could be sold, as such, | 44645 |
| outside the usual market, as through an underwriter, shall be | 44646 |
| considered in determining the value of such block of securities. | 44647 |
| (D) "Alternate valuation date" means the date for valuation | 44648 |
| of a gross estate permitted by filing an election under this | 44649 |
| division. Whether or not an alternate valuation date election is | 44650 |
| available to an estate for federal estate tax purposes or, if | 44651 |
| available, is made for the estate, the value of the gross estate | 44652 |
| may be determined, if the person required to file the estate tax | 44653 |
| return so elects, by valuing all the property included in the | 44654 |
| gross estate on the alternate date, if any, provided in section | 44655 |
| 2032 (a) of the Internal Revenue Code | 44656 |
| 44657 | |
| tax purposes, to the estates of persons dying on the decedent's | 44658 |
| date of death. | 44659 |
| No deduction under this chapter of any item shall be allowed | 44660 |
| if allowance is, in effect, given by use of the alternate | 44661 |
| valuation date. In the determination of any tax liability of any | 44662 |
| estate in which an election is filed under this division, all | 44663 |
|
provisions in this chapter | 44664 |
| of the decedent's death shall be construed for all purposes to | 44665 |
| mean the value of such property used in determining the value of | 44666 |
| the gross estate. For the purposes of the charitable deduction | 44667 |
| under section 5731.17 of the Revised Code, any bequest, legacy, | 44668 |
| devise, or transfer enumerated in it shall be valued as of the | 44669 |
| date of the decedent's death with adjustment for any difference in | 44670 |
| value, not due to mere lapse of time or the occurrence or | 44671 |
| nonoccurrence of a contingency, of the property as of the date six | 44672 |
| months after the decedent's death, or in case of its earlier | 44673 |
| disposition, on such date of disposition. | 44674 |
| An election under this division shall be exercised on the | 44675 |
| estate tax return by the person required to file the return. When | 44676 |
| made, an election under this division is irrevocable. An election | 44677 |
| cannot be exercised under this division if a return is filed more | 44678 |
| than one year after the time prescribed, including any extensions | 44679 |
| of time granted, pursuant to law for filing the return. | 44680 |
| (E) Unless otherwise indicated by the context, "county" means | 44681 |
| one of the following: | 44682 |
| (1) The county in which the decedent's estate is | 44683 |
| administered; | 44684 |
| (2) If no administration of the decedent's estate is being | 44685 |
|
had, the county of residence of the decedent at the time of | 44686 |
| death; | 44687 |
| (3) If the decedent dies a resident of another state, any | 44688 |
| county in which any property subject to tax is located. | 44689 |
| (F) "Internal Revenue Code" means the "Internal Revenue Code | 44690 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 44691 |
| Sec. 5731.05. (A) Except as provided in divisions (B) and | 44692 |
| (C) of this section, the value of the gross estate shall include | 44693 |
| the value of all property, to the extent of any interest in | 44694 |
| property, of which the decedent has at any time made a transfer, | 44695 |
|
by trust or otherwise, in contemplation of | 44696 |
| (B) Any transfer, except as provided in division (C) of this | 44697 |
| section, by trust or otherwise, made within a period of three | 44698 |
| years ending with the date of the decedent's death shall be deemed | 44699 |
| to have been made in contemplation of death, unless the contrary | 44700 |
| is shown. No transfer made before that three-year period shall be | 44701 |
| treated as having been made in contemplation of death. | 44702 |
| (C) This section does not apply to any of the following: | 44703 |
| (1) A bona fide sale for an adequate and full consideration | 44704 |
| in money or money's worth; | 44705 |
| (2) A transfer of property that would not be included in the | 44706 |
| decedent's gross estate if retained by | 44707 |
| death; | 44708 |
| (3) The first ten thousand dollars of the transfers that were | 44709 |
| made by the decedent to each transferee, other than the spouse of | 44710 |
| the decedent, in each calendar year, but only to the extent that | 44711 |
| those transfers qualify as present interests under section 2503(b) | 44712 |
| and (c) of the | 44713 |
| 44714 | |
| does not apply to any portion of a transfer that is treated as | 44715 |
| being made by the spouse of the decedent under section 2513 of the | 44716 |
| 44717 |
| (4) A transfer of property made to the spouse of the | 44718 |
| transferor, except as provided in section 5731.131 of the Revised | 44719 |
| Code; | 44720 |
| (5) Federal or state gift taxes paid with respect to any | 44721 |
| includible transfer. | 44722 |
| | 44723 |
| 44724 | |
| 44725 | |
| 44726 |
| Sec. 5731.131. | 44727 |
| include the value of any property in which the decedent had an | 44728 |
| income interest for life as follows: | 44729 |
| | 44730 |
| transfer of such property to the decedent under section 2523(f) of | 44731 |
| the | 44732 |
| 44733 | |
| taxable estate of the decedent's predeceasing spouse; | 44734 |
| | 44735 |
| resident of this state at
the time of | 44736 |
| deduction was allowed with respect to the transfer of such | 44737 |
| property to the decedent under section 2056(b)(7) of the
| 44738 |
| Revenue Code | 44739 |
| connection with the determination of the value of the taxable | 44740 |
| estate of the decedent's predeceasing spouse; | 44741 |
| | 44742 |
| July 1, 1993, and if a marital deduction was allowed with respect | 44743 |
| to the transfer of such property to the decedent under division | 44744 |
| (A)(1) of section 5731.15 of the Revised Code as it existed prior | 44745 |
| to July 1, 1993, in connection with the determination of the value | 44746 |
| of the taxable estate of the decedent's predeceasing spouse; | 44747 |
| | 44748 |
| was allowed with respect to the transfer of such property to the | 44749 |
| decedent under division (B) of section 5731.15 of the Revised | 44750 |
| Code, in connection with the determination of the value of the | 44751 |
| taxable estate of the decedent's predeceasing spouse. | 44752 |
| | 44753 |
| 44754 | |
| 44755 | |
| 44756 |
| Sec. 5731.14. For purposes of the tax levied by section | 44757 |
| 5731.02 of the Revised Code, the value of the taxable estate shall | 44758 |
| be determined by deducting from the value of the gross estate | 44759 |
| deductions provided for in sections 5731.15
to 5731.17 | 44760 |
| of the Revised Code. | 44761 |
| Sec. 5731.18. (A) In addition to the tax levied by section | 44762 |
| 5731.02 of the Revised Code, a tax is hereby levied upon the | 44763 |
| transfer of the estate of every person dying on or after July 1, | 44764 |
| 1968, who, at the time of | 44765 |
| in an amount equal to the maximum credit allowable by subtitle B, | 44766 |
| 44767 | |
| 44768 |
| (B) The tax levied on any estate under this section shall be | 44769 |
| credited with the amount of the tax levied under section 5731.02 | 44770 |
| of the Revised Code and with the amount of any estate, | 44771 |
| inheritance, legacy, or succession taxes actually paid to any | 44772 |
| state or territory of the United States or to the District of | 44773 |
| Columbia on any property included in the decedent's gross estate | 44774 |
| for federal estate tax purposes. | 44775 |
| (C) The additional tax levied under this section shall be | 44776 |
| administered, collected, and paid as provided in section 5731.24 | 44777 |
| of the Revised Code. | 44778 |
| Sec. 5731.181. (A) For purposes of this section, | 44779 |
| "generation-skipping transfer," "taxable distribution," and | 44780 |
| "taxable termination" have the same meaning as in Chapter 13 of | 44781 |
|
subtitle B of the Internal Revenue Code | 44782 |
| 44783 |
| (B) A tax is hereby levied upon every generation-skipping | 44784 |
| transfer of property having a situs in this state, that occurs at | 44785 |
| the same time as, and as a result of, the death of an individual, | 44786 |
| in an amount equal to the credit allowed by Chapter 13 of subtitle | 44787 |
| B of the Internal Revenue Code | 44788 |
| 44789 | |
| of any property included in the generation-skipping transfer. | 44790 |
| For purposes of this division, "property having a situs in | 44791 |
| this state" includes all the following: | 44792 |
| (1) Real property situated in this state; | 44793 |
| (2) Tangible personal property having an actual situs in this | 44794 |
| state; | 44795 |
| (3) Intangible personal property employed in carrying on a | 44796 |
| business in this state; | 44797 |
| (4) Intangible personal property owned by a trust, the | 44798 |
| trustee of which resides in or has its principal place of business | 44799 |
| in this state, or, if there is more than one trustee of the trust, | 44800 |
| the principal place of administration of which is in this state. | 44801 |
| (C) The return with respect to the generation-skipping tax | 44802 |
| levied by division (B) of this section shall be filed in the form | 44803 |
| that the tax commissioner shall prescribe, on or before the day | 44804 |
| prescribed by law, including extensions, for filing the | 44805 |
| generation-skipping transfer tax return under Chapter 13 of | 44806 |
|
subtitle B of the Internal Revenue Code | 44807 |
| 44808 | |
| transfer. The return shall be filed by the distributee in the case | 44809 |
| of a taxable distribution and by the trustee in the case of a | 44810 |
| taxable termination. | 44811 |
| (D) The generation-skipping tax levied by division (B) of | 44812 |
| this section shall be paid, without notice or demand by the tax | 44813 |
| commissioner, with the return, and shall be charged, collected, | 44814 |
| and administered in the same manner as estate taxes levied by this | 44815 |
| chapter. This chapter is generally applicable to, except to the | 44816 |
| extent it is inconsistent with the nature of, the | 44817 |
| generation-skipping tax. | 44818 |
| (E) If another state levies a generation-skipping tax on a | 44819 |
| transfer described in division (B) of this section, the tax | 44820 |
| commissioner may enter into a compromise of the | 44821 |
| generation-skipping tax levied by division (B) of this section in | 44822 |
| the manner provided in section 5731.35 of the Revised Code, except | 44823 |
| that no approval of any probate court is required. If such a | 44824 |
| compromise agreement is made, no interest and penalties shall | 44825 |
| accrue for the period prior to the execution of the agreement and | 44826 |
| for sixty days after its execution. | 44827 |
| Sec. 5731.39. (A) No corporation organized or existing under | 44828 |
| the laws of this state shall transfer on its books or issue a new | 44829 |
| certificate for any share of its capital stock registered in the | 44830 |
| name of a decedent, or in trust for a decedent, or in the name of | 44831 |
| a decedent and another person or persons, without the written | 44832 |
| consent of the tax commissioner. | 44833 |
| (B) No safe deposit company, trust company, financial | 44834 |
| institution as defined in division (A) of section 5725.01 of the | 44835 |
| Revised Code or other corporation or person, having in possession, | 44836 |
| control, or custody a deposit standing in the name of a decedent, | 44837 |
| or in trust for a decedent, or in the name of a decedent and | 44838 |
| another person or persons, shall deliver or transfer an amount in | 44839 |
| excess of three-fourths of the total value of such deposit, | 44840 |
| including accrued interest and dividends, as of the date of | 44841 |
| decedent's death, without the written consent of the tax | 44842 |
| commissioner. The written consent of the tax commissioner need not | 44843 |
| be obtained prior to the delivery or transfer of amounts having a | 44844 |
| value of three-fourths or less of said total value. | 44845 |
| (C) No life insurance company shall pay the proceeds of an | 44846 |
| annuity or matured endowment contract, or of a life insurance | 44847 |
| contract payable to the estate of a decedent, or of any other | 44848 |
| insurance contract taxable under Chapter 5731. of the Revised | 44849 |
| Code, without the written consent of the tax commissioner. Any | 44850 |
| life insurance company may pay the proceeds of any insurance | 44851 |
| contract not specified in this division (C) without the written | 44852 |
| consent of the tax commissioner. | 44853 |
| (D) No trust company or other corporation or person shall pay | 44854 |
| the proceeds of any death benefit, retirement, pension or profit | 44855 |
| sharing plan in excess of two thousand dollars, without the | 44856 |
| written consent of the tax commissioner. Such trust company or | 44857 |
| other corporation or person, however, may pay the proceeds of any | 44858 |
| death benefit, retirement, pension, or profit-sharing plan which | 44859 |
| consists of insurance on the life of the decedent payable to a | 44860 |
| beneficiary other than the estate of the insured without the | 44861 |
| written consent of the tax commissioner. | 44862 |
| (E) No safe deposit company, trust company, financial | 44863 |
| institution as defined in division (A) of section 5725.01 of the | 44864 |
| Revised Code, or other corporation or person, having in | 44865 |
| possession, control, or custody securities, assets, or other | 44866 |
| property (including the shares of the capital stock of, or other | 44867 |
| interest in, such safe deposit company, trust company, financial | 44868 |
| institution as defined in division (A) of section 5725.01 of the | 44869 |
| Revised Code, or other corporation), standing in the name of a | 44870 |
| decedent, or in trust for a decedent, or in the name of a decedent | 44871 |
| and another person or persons, and the transfer of which is | 44872 |
| taxable under Chapter 5731. of the Revised Code, shall deliver or | 44873 |
| transfer any such securities, assets, or other property which have | 44874 |
| a value as of the date of decedent's death in excess of | 44875 |
| three-fourths of the total value thereof, without the written | 44876 |
| consent of the tax commissioner. The written consent of the tax | 44877 |
| commissioner need not be obtained prior to the delivery or | 44878 |
| transfer of any such securities, assets, or other property having | 44879 |
| a value of three-fourths or less of said total value. | 44880 |
| (F) No safe deposit company, financial institution as defined | 44881 |
| in division (A) of section 5725.01 of the Revised Code, or other | 44882 |
| corporation or person having possession or control of a safe | 44883 |
| deposit box or similar receptacle standing in the name of a | 44884 |
| decedent or in the name of the decedent and another person or | 44885 |
| persons, or to which the decedent had a right of access, except | 44886 |
| when such safe deposit box or other receptacle stands in the name | 44887 |
| of a corporation or partnership, or in the name of the decedent as | 44888 |
| guardian or executor, shall deliver any of the contents thereof | 44889 |
| unless the safe deposit box or similar receptacle has been opened | 44890 |
| and inventoried in the presence of the tax commissioner or the | 44891 |
| commissioner's agent, and a written consent to transfer issued; | 44892 |
| provided, however, that a safe deposit company, financial | 44893 |
| institution, or other corporation or person having possession or | 44894 |
| control of a safe deposit box may deliver wills, deeds to burial | 44895 |
| lots, and insurance policies to a representative of the decedent, | 44896 |
| but that a representative of the safe deposit company, financial | 44897 |
| institution, or other corporation or person must supervise the | 44898 |
| opening of the box and make a written record of the wills, deeds, | 44899 |
| and policies removed. Such written record shall be included in the | 44900 |
| tax commissioner's inventory records. | 44901 |
| (G) Notwithstanding any provision of this section: | 44902 |
| (1) The tax commissioner may authorize any delivery or | 44903 |
| transfer or waive any of the foregoing requirements under such | 44904 |
| terms and conditions as the commissioner may prescribe; | 44905 |
| (2) An adult care facility, as defined in section 3722.01 of | 44906 |
| the Revised Code, or a home, as defined in section 3721.10 of the | 44907 |
| Revised Code, may transfer or use the money in a personal needs | 44908 |
| allowance account in accordance with section | 44909 |
| the Revised Code without the written consent of the tax | 44910 |
| commissioner, and without the account having been opened and | 44911 |
| inventoried in the presence of the commissioner or the | 44912 |
| commissioner's agent. | 44913 |
| Failure to comply with this section shall render such safe | 44914 |
| deposit company, trust company, life insurance company, financial | 44915 |
| institution as defined in division (A) of section 5725.01 of the | 44916 |
| Revised Code, or other corporation or person liable for the amount | 44917 |
| of the taxes and interest due under the provisions of Chapter | 44918 |
| 5731. of the Revised Code on the transfer of such stock, deposit, | 44919 |
| proceeds of an annuity or matured endowment contract or of a life | 44920 |
| insurance contract payable to the estate of a decedent, or other | 44921 |
| insurance contract taxable under Chapter 5731. of the Revised | 44922 |
| Code, proceeds of any death benefit, retirement, pension, or | 44923 |
| profit sharing plan in excess of two thousand dollars, or | 44924 |
| securities, assets, or other property of any resident decedent, | 44925 |
| and in addition thereto, to a penalty of not less than five | 44926 |
| hundred or more than five thousand dollars. | 44927 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 44928 |
| domestic corporations shall be the amount charged against each | 44929 |
| corporation organized for profit under the laws of this state and | 44930 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 44931 |
| the Revised Code, except as provided in sections 5733.09 and | 44932 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 44933 |
| franchise during the calendar year in which that amount is | 44934 |
| payable, and the tax provided by this chapter for foreign | 44935 |
| corporations shall be the amount charged against each corporation | 44936 |
| organized for profit and each nonprofit corporation organized or | 44937 |
| operating in the same or similar manner as nonprofit corporations | 44938 |
| organized under Chapter 1729. of the Revised Code, under the laws | 44939 |
| of any state or country other than this state, except as provided | 44940 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 44941 |
| privilege of doing business in this state, owning or using a part | 44942 |
| or all of its capital or property in this state, holding a | 44943 |
| certificate of compliance with the laws of this state authorizing | 44944 |
| it to do business in this state, or otherwise having nexus in or | 44945 |
| with this state under the Constitution of the United States, | 44946 |
| during the calendar year in which that amount is payable. | 44947 |
| (B) A corporation is subject to the tax imposed by section | 44948 |
| 5733.06 of the Revised Code for each calendar year that it is so | 44949 |
| organized, doing business, owning or using a part or all of its | 44950 |
| capital or property, holding a certificate of compliance, or | 44951 |
| otherwise having nexus in or with this state under the | 44952 |
| Constitution of the United States, on the first day of January of | 44953 |
| that calendar year. | 44954 |
| (C) Any corporation subject to this chapter that is not | 44955 |
| subject to the federal income tax shall file its returns and | 44956 |
| compute its tax liability as required by this chapter in the same | 44957 |
| manner as if that corporation were subject to the federal income | 44958 |
| tax. | 44959 |
| (D) For purposes of this chapter, a federally chartered | 44960 |
| financial institution shall be deemed to be organized under the | 44961 |
| laws of the state within which its principal office is located. | 44962 |
| (E) | 44963 |
| in section 5701.01 of the Revised Code, shall be treated as a | 44964 |
|
corporation
| 44965 |
| classified for federal income tax purposes as an association | 44966 |
| taxable as a corporation, and an equity interest in the person | 44967 |
| shall be treated as capital stock of the person. | 44968 |
| (F) For the purposes of this chapter, "disregarded entity" | 44969 |
| has the same meaning as in division (D) of section 5745.01 of the | 44970 |
| Revised Code. | 44971 |
| (1) A person's interest in a disregarded entity, whether held | 44972 |
| directly or indirectly, shall be treated as the person's ownership | 44973 |
| of the assets and liabilities of the disregarded entity, and the | 44974 |
| income, including gain or loss, shall be included in the person's | 44975 |
| net income under this chapter. | 44976 |
| (2) Any sale, exchange, or other disposition of the person's | 44977 |
| interest in the disregarded entity, whether held directly or | 44978 |
| indirectly, shall be treated as a sale, exchange, or other | 44979 |
| disposition of the person's share of the disregarded entity's | 44980 |
| underlying assets or liabilities, and the gain or loss from such | 44981 |
| sale, exchange, or disposition shall be included in the person's | 44982 |
| net income under this chapter. | 44983 |
| (3) The disregarded entity's payroll, property, and sales | 44984 |
| factors shall be included in the person's factors. | 44985 |
| (G) Notwithstanding any other section of this chapter to the | 44986 |
| contrary, the tax a corporation is required to pay under this | 44987 |
| chapter shall be as follows: | 44988 |
| (1) For financial institutions, the greater of the minimum | 44989 |
| payment required under division (E) of section 5733.06 of the | 44990 |
| Revised Code or the difference between all taxes charged the | 44991 |
| financial institution under this chapter less any credits | 44992 |
| allowable against such tax. | 44993 |
| (2) For all other corporations, the amount under division | 44994 |
| (G)(2)(a) of this section applicable to the tax year specified | 44995 |
| less the amount under division (G)(2)(b) of this section: | 44996 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 44997 |
| required under division (E) of section 5733.06 of the Revised Code | 44998 |
| or the difference between all taxes charged the corporation under | 44999 |
| this chapter less any credits allowable against such tax except | 45000 |
| the qualifying pass-through entity tax credit described in | 45001 |
| division (A)(1) and the refundable credits described in divisions | 45002 |
| (A)(29), (30), and (31) of section 5733.98 of the Revised Code; | 45003 |
| (ii) For tax year 2006, the greater of the minimum payment | 45004 |
| required under division (E) of section 5733.06 of the Revised Code | 45005 |
| or four-fifths of the difference between all taxes charged the | 45006 |
| corporation under this chapter less any credits allowable against | 45007 |
| such tax except the qualifying pass-through entity tax credit | 45008 |
| described in division (A)(1) and the refundable credits described | 45009 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 45010 |
| Revised Code; | 45011 |
| (iii) For tax year 2007, the greater of the minimum payment | 45012 |
| required under division (E) of section 5733.06 of the Revised Code | 45013 |
| or three-fifths of the difference between all taxes charged the | 45014 |
| corporation under this chapter less any credits allowable against | 45015 |
| such tax except the qualifying pass-through entity tax credit | 45016 |
| described in division (A)(1) and the refundable credits described | 45017 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 45018 |
| Revised Code; | 45019 |
| (iv) For tax year 2008, the greater of the minimum payment | 45020 |
| required under division (E) of section 5733.06 of the Revised Code | 45021 |
| or two-fifths of the difference between all taxes charged the | 45022 |
| corporation under this chapter less any credits allowable against | 45023 |
| such tax except the qualifying pass-through entity tax credit | 45024 |
| described in division (A)(1) and the refundable credits described | 45025 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 45026 |
| Revised Code except the qualifying pass-through entity tax credit | 45027 |
| under division (A)(1) and the refundable credits under divisions | 45028 |
| (A)(29), (30), and (31) of section 5733.98 of the Revised Code; | 45029 |
| (v) For tax year 2009, the greater of the minimum payment | 45030 |
| required under division (E) of section 5733.06 of the Revised Code | 45031 |
| or one-fifth of the difference between all taxes charged the | 45032 |
| corporation under this chapter less any credits allowable against | 45033 |
| such tax except the qualifying pass-through entity tax credit | 45034 |
| described in division (A)(1) and the refundable credits described | 45035 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 45036 |
| Revised Code except the qualifying pass-through entity tax credit | 45037 |
| under division (A)(1) and the refundable credits under divisions | 45038 |
| (A)(29), (30), and (31) of section 5733.98 of the Revised Code; | 45039 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 45040 |
| (b) A corporation shall subtract from the amount calculated | 45041 |
| under division (G)(2)(a)(i), (ii), (iii), (iv), or (v) of this | 45042 |
| section any qualifying pass-through entity tax credit described in | 45043 |
| division (A)(1) or any refundable credit described in division | 45044 |
| (A)(29), (30), or (31) of section 5733.98 of the Revised Code to | 45045 |
| which the corporation is entitled. Any unused qualifying | 45046 |
| pass-through entity tax credit is not refundable. | 45047 |
| Sec. 5733.40. As used in sections 5733.40 and 5733.41 and | 45048 |
| Chapter 5747. of the Revised Code: | 45049 |
| (A)(1) "Adjusted qualifying amount" means either of the | 45050 |
| following: | 45051 |
| (a) The
sum of | 45052 |
| share of the income, gain, expense, or loss of a qualifying | 45053 |
| pass-through entity for the qualifying taxable year of the | 45054 |
| qualifying pass-through entity multiplied by the apportionment | 45055 |
| fraction defined in division (B) of this section, subject to | 45056 |
| section 5733.401 of the Revised Code and divisions (A)(2) to (7) | 45057 |
| of this section; | 45058 |
| (b) The sum of | 45059 |
| qualifying net income and qualifying net gain distributed by a | 45060 |
| qualifying trust for the qualifying taxable year of the qualifying | 45061 |
| trust multiplied by the apportionment fraction defined in division | 45062 |
| (B) of this section, subject to section 5733.401 of the Revised | 45063 |
|
Code and divisions (A)(2)
to
| 45064 |
| (2) The sum shall exclude any amount which, pursuant to the | 45065 |
| Constitution of the United States, the Constitution of Ohio, or | 45066 |
| any federal law is not subject to a tax on or measured by net | 45067 |
| income. | 45068 |
| (3) | 45069 |
| Chapters 5733. and 5747. of the Revised Code, the profit or net | 45070 |
| income of the qualifying entity shall be increased by disallowing | 45071 |
| all amounts representing expenses, other than amounts described in | 45072 |
| division (A)(7) of this section, that the qualifying entity paid | 45073 |
| to or incurred with respect to direct or indirect transactions | 45074 |
| with one or more related members, excluding the cost of goods sold | 45075 |
| calculated in accordance with section 263A of the Internal Revenue | 45076 |
| Code and United States department of the treasury regulations | 45077 |
| issued thereunder. Nothing in division (A)(3) of this section | 45078 |
| shall be construed to limit solely to this chapter the application | 45079 |
| of section 263A of the Internal Revenue Code and United States | 45080 |
| department of the treasury regulations issued thereunder. | 45081 |
| (4) | 45082 |
| Chapters 5733. and 5747. of the Revised Code, the profit or net | 45083 |
| income of the qualifying entity shall be increased by disallowing | 45084 |
| all recognized losses, other than losses from sales of inventory | 45085 |
| the cost of which is calculated in accordance with section 263A of | 45086 |
| the Internal Revenue Code and United States department of the | 45087 |
| treasury regulations issued thereunder, with respect to all direct | 45088 |
| or indirect
transactions with one or more related members. | 45089 |
| For the purposes of Chapters 5733. and 5747. of the Revised Code, | 45090 |
| losses from the sales of such inventory shall be allowed only to | 45091 |
| the extent calculated in accordance with section 482 of the | 45092 |
| Internal Revenue Code and United States department of the treasury | 45093 |
| regulations issued thereunder. Nothing in division (A)(4) of this | 45094 |
| section shall be construed to limit solely to this section the | 45095 |
| application of section 263A and section 482 of the Internal | 45096 |
| Revenue Code and United States department of the treasury | 45097 |
| regulations issued thereunder. | 45098 |
| (5) The sum shall be increased or decreased by an amount | 45099 |
| equal to the qualifying investor's or qualifying beneficiary's | 45100 |
| distributive or proportionate share of the amount that the | 45101 |
| qualifying entity would be required to add or deduct under | 45102 |
| divisions (A)(20) and (21) of section 5747.01 of the Revised Code | 45103 |
| if the qualifying entity were a taxpayer for the purposes of | 45104 |
| Chapter 5747. of the Revised Code. | 45105 |
| (6) The sum shall be computed without regard to section | 45106 |
| 5733.051 or division (D) of section 5733.052 of the Revised Code. | 45107 |
| (7) For the purposes of Chapters 5733. and 5747. of the | 45108 |
| Revised Code, guaranteed payments or compensation paid to | 45109 |
| investors by a qualifying entity that is not subject to the tax | 45110 |
| imposed by section 5733.06 of the Revised Code shall be considered | 45111 |
| a distributive share of income of the qualifying entity. Division | 45112 |
| (A)(7) of this section applies only to such payments or such | 45113 |
| compensation paid to an investor who at any time during the | 45114 |
| qualifying entity's taxable year holds at least a twenty per cent | 45115 |
| direct or indirect interest in the profits or capital of the | 45116 |
| qualifying entity. | 45117 |
| (B) "Apportionment fraction" means: | 45118 |
| (1) With respect to a qualifying pass-through entity other | 45119 |
| than a financial institution, the fraction calculated pursuant to | 45120 |
| division (B)(2) of section 5733.05 of the Revised Code as if the | 45121 |
| qualifying pass-through entity were a corporation subject to the | 45122 |
| tax imposed by section 5733.06 of the Revised Code; | 45123 |
| (2) With respect to a qualifying pass-through entity that is | 45124 |
| a financial institution, the fraction calculated pursuant to | 45125 |
| division (C) of section 5733.056 of the Revised Code as if the | 45126 |
| qualifying pass-through entity were a financial institution | 45127 |
| subject to the tax imposed by section 5733.06 of the Revised Code. | 45128 |
| (3) With respect to a qualifying trust, the fraction | 45129 |
| calculated pursuant to division (B)(2) of section 5733.05 of the | 45130 |
| Revised Code as if the qualifying trust were a corporation subject | 45131 |
| to the tax imposed by section 5733.06 of the Revised Code, except | 45132 |
| that the property, payroll, and sales fractions shall be | 45133 |
| calculated by including in the numerator and denominator of the | 45134 |
| fractions only the property, payroll, and sales, respectively, | 45135 |
| directly related to the production of income or gain from | 45136 |
| acquisition, ownership, use, maintenance, management, or | 45137 |
| disposition of tangible personal property located in this state at | 45138 |
| any time during the qualifying trust's qualifying taxable year or | 45139 |
| of real property located in this state. | 45140 |
| (C) "Qualifying beneficiary" means any individual that, | 45141 |
| during the qualifying taxable year of a qualifying trust, is a | 45142 |
| beneficiary of that trust, but does not include an individual who | 45143 |
| is a resident taxpayer for the purposes of Chapter 5747. of the | 45144 |
| Revised Code for the entire qualifying taxable year of the | 45145 |
| qualifying trust. | 45146 |
| (D) "Fiscal year" means an accounting period ending on any | 45147 |
| day other than the thirty-first day of December. | 45148 |
| (E) "Individual" means a natural person. | 45149 |
| (F) "Month" means a calendar month. | 45150 |
| (G) "Partnership" has the same meaning as in section 5747.01 | 45151 |
| of the Revised Code. | 45152 |
| (H) "Investor" means any person that, during any portion of a | 45153 |
| taxable year of a qualifying pass-through entity, is a partner, | 45154 |
| member, shareholder, or investor in that qualifying pass-through | 45155 |
| entity. | 45156 |
| (I) Except as otherwise provided in section 5733.402 or | 45157 |
| 5747.401 of the Revised Code, "qualifying investor" means any | 45158 |
| investor except those described in divisions (I)(1) to (9) of this | 45159 |
| section. | 45160 |
| (1) An investor satisfying one of the descriptions under | 45161 |
| section 501(a) or (c) of the Internal Revenue Code, a partnership | 45162 |
| with equity securities registered with the United States | 45163 |
| securities and exchange commission under section 12 of the | 45164 |
| "Securities Exchange Act of 1934," as amended, or an investor | 45165 |
| described in division (F) of section 3334.01, or division (A) or | 45166 |
| (C) of section 5733.09 of the Revised Code for the entire | 45167 |
| qualifying taxable year of the qualifying pass-through entity. | 45168 |
| (2) An investor who is either an individual or an estate and | 45169 |
| is a resident taxpayer for the purposes of section 5747.01 of the | 45170 |
| Revised Code for the entire qualifying taxable year of the | 45171 |
| qualifying pass-through entity. | 45172 |
| (3) An investor who is an individual for whom the qualifying | 45173 |
| pass-through entity makes a good faith and reasonable effort to | 45174 |
| comply fully and timely with the filing and payment requirements | 45175 |
| set forth in division (D) of section 5747.08 of the Revised Code | 45176 |
| and section 5747.09 of the Revised Code with respect to the | 45177 |
| individual's adjusted qualifying amount for the entire qualifying | 45178 |
| taxable year of the qualifying pass-through entity. | 45179 |
| (4) An investor that is another qualifying pass-through | 45180 |
| entity having only investors described in division (I)(1), (2), | 45181 |
| (3), or (6) of this section during the three-year period beginning | 45182 |
| twelve months prior to the first day of the qualifying taxable | 45183 |
| year of the qualifying pass-through entity. | 45184 |
| (5) An investor that is another pass-through entity having no | 45185 |
| investors other than individuals and estates during the qualifying | 45186 |
| taxable year of the qualifying pass-through entity in which it is | 45187 |
| an investor, and that makes a good faith and reasonable effort to | 45188 |
| comply fully and timely with the filing and payment requirements | 45189 |
| set forth in division (D) of section 5747.08 of the Revised Code | 45190 |
| and section 5747.09 of the Revised Code with respect to investors | 45191 |
| that are not resident taxpayers of this state for the purposes of | 45192 |
| Chapter 5747. of the Revised Code for the entire qualifying | 45193 |
| taxable year of the qualifying pass-through entity in which it is | 45194 |
| an investor. | 45195 |
| (6) An investor that is a financial institution required to | 45196 |
|
calculate the tax
in accordance with division | 45197 |
| 5733.06 of the Revised Code on the first day of January of the | 45198 |
| calendar year immediately following the last day of the financial | 45199 |
| institution's calendar or fiscal year in which ends the taxpayer's | 45200 |
| taxable year. | 45201 |
| (7) An investor other than an individual that satisfies all | 45202 |
| the following: | 45203 |
| (a) The investor submits a written statement to the | 45204 |
| qualifying pass-through entity stating that the investor | 45205 |
| irrevocably agrees that the investor has nexus with this state | 45206 |
| under the Constitution of the United States and is subject to and | 45207 |
| liable for the tax calculated under division (A) or (B) of section | 45208 |
| 5733.06 of the Revised Code with respect to the investor's | 45209 |
| adjusted qualifying amount for the entire qualifying taxable year | 45210 |
| of the qualifying pass-through entity. The statement is subject to | 45211 |
| the penalties of perjury, shall be retained by the qualifying | 45212 |
| pass-through entity for no fewer than seven years, and shall be | 45213 |
| delivered to the tax commissioner upon request. | 45214 |
| (b) The investor makes a good faith and reasonable effort to | 45215 |
| comply timely and fully with all the reporting and payment | 45216 |
| requirements set forth in Chapter 5733. of the Revised Code with | 45217 |
| respect to the investor's adjusted qualifying amount for the | 45218 |
| entire qualifying taxable year of the qualifying pass-through | 45219 |
| entity. | 45220 |
| (c) Neither the investor nor the qualifying pass-through | 45221 |
| entity in which it is an investor, before, during, or after the | 45222 |
| qualifying pass-through entity's qualifying taxable year, carries | 45223 |
| out any transaction or transactions with one or more related | 45224 |
| members of the investor or the qualifying pass-through entity | 45225 |
| resulting in a reduction or deferral of tax imposed by Chapter | 45226 |
| 5733. of the Revised Code with respect to all or any portion of | 45227 |
| the investor's adjusted qualifying amount for the qualifying | 45228 |
| pass-through entity's taxable year, or that constitute a sham, | 45229 |
| lack economic reality, or are part of a series of transactions the | 45230 |
| form of which constitutes a step transaction or transactions or | 45231 |
| does not reflect the substance of those transactions. | 45232 |
| (8) Any other investor that the tax commissioner may | 45233 |
| designate by rule. The tax commissioner may adopt rules including | 45234 |
| a rule defining "qualifying investor" or "qualifying beneficiary" | 45235 |
| and governing the imposition of the withholding tax imposed by | 45236 |
| section 5747.41 of the Revised Code with respect to an individual | 45237 |
| who is a resident taxpayer for the purposes of Chapter 5747. of | 45238 |
| the Revised Code for only a portion of the qualifying taxable year | 45239 |
| of the qualifying entity. | 45240 |
| (9) An investor that is a trust or fund the beneficiaries of | 45241 |
| which, during the qualifying taxable year of the qualifying | 45242 |
| pass-through entity, are limited to the following: | 45243 |
| (a) A person that is or may be the beneficiary of a trust | 45244 |
| subject to Subchapter D of Chapter 1 of Subtitle A of the Internal | 45245 |
| Revenue Code. | 45246 |
| (b) A person that is or may be the beneficiary of or the | 45247 |
| recipient of payments from a trust or fund that is a nuclear | 45248 |
| decommissioning reserve fund, a designated settlement fund, or any | 45249 |
| other trust or fund established to resolve and satisfy claims that | 45250 |
| may otherwise be asserted by the beneficiary or a member of the | 45251 |
| beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2) | 45252 |
| of the Internal Revenue Code apply to the determination of whether | 45253 |
| such a person satisfies division (I)(9) of this section. | 45254 |
| (c) A person who is or may be the beneficiary of a trust | 45255 |
| that, under its governing instrument, is not required to | 45256 |
| distribute all of its income currently. Division (I)(9)(c) of this | 45257 |
| section applies only if the trust, prior to the due date for | 45258 |
| filing the qualifying pass-through entity's return for taxes | 45259 |
| imposed by section 5733.41 and sections 5747.41 to 5747.453 of the | 45260 |
| Revised Code, irrevocably agrees in writing that for the taxable | 45261 |
| year during or for which the trust distributes any of its income | 45262 |
| to any of its beneficiaries, the trust is a qualifying trust and | 45263 |
| will pay the estimated tax, and will withhold and pay the withheld | 45264 |
| tax, as required under sections 5747.40 to 5747.453 of the Revised | 45265 |
| Code. | 45266 |
| For the purposes of division (I)(9) of this section, a trust | 45267 |
| or fund shall be considered to have a beneficiary other than | 45268 |
| persons described under divisions (I)(9)(a) to (c) of this section | 45269 |
| if a beneficiary would not qualify under those divisions under the | 45270 |
| doctrines of "economic reality," "sham transaction," "step | 45271 |
| doctrine," or "substance over form." A trust or fund described in | 45272 |
| division (I)(9) of this section bears the burden of establishing | 45273 |
| by a preponderance of the evidence that any transaction giving | 45274 |
| rise to the tax benefits provided under division (I)(9) of this | 45275 |
| section does not have as a principal purpose a claim of those tax | 45276 |
| benefits. Nothing in this section shall be construed to limit | 45277 |
| solely to this section the application of the doctrines referred | 45278 |
| to in this paragraph. | 45279 |
| (J) "Qualifying net gain" means any recognized net gain with | 45280 |
| respect to the acquisition, ownership, use, maintenance, | 45281 |
| management, or disposition of tangible personal property located | 45282 |
| in this state at any time during a trust's qualifying taxable year | 45283 |
| or real property located in this state. | 45284 |
| (K) "Qualifying net income" means any recognized income, net | 45285 |
| of related deductible expenses, other than distributions | 45286 |
| deductions with respect to the acquisition, ownership, use, | 45287 |
| maintenance, management, or disposition of tangible personal | 45288 |
| property located in this state at any time during the trust's | 45289 |
| qualifying taxable year or real property located in this state. | 45290 |
| (L) "Qualifying entity" means a qualifying pass-through | 45291 |
| entity or a qualifying trust. | 45292 |
| (M) "Qualifying trust" means a trust subject to subchapter J | 45293 |
| of the Internal Revenue Code that, during any portion of the | 45294 |
| trust's qualifying taxable year, has income or gain from the | 45295 |
| acquisition, management, ownership, use, or disposition of | 45296 |
| tangible personal property located in this state at any time | 45297 |
| during the trust's qualifying taxable year or real property | 45298 |
| located in this state. "Qualifying trust" does not include a | 45299 |
| person described in section 501(c) of the Internal Revenue Code or | 45300 |
| a person described in division (C) of section 5733.09 of the | 45301 |
| Revised Code. | 45302 |
| (N) "Qualifying pass-through entity" means a pass-through | 45303 |
| entity as defined in section 5733.04 of the Revised Code, | 45304 |
| excluding: a person described in section 501(c) of the Internal | 45305 |
|
Revenue Code | 45306 |
| with the United States securities and exchange commission under | 45307 |
|
section
12 of the Securities Exchange Act of 1934, as amended | 45308 |
| a person described in division (C) of section 5733.09 of the | 45309 |
| Revised Code. | 45310 |
| (O) "Quarter" means the first three months, the second three | 45311 |
| months, the third three months, or the last three months of a | 45312 |
| qualifying entity's qualifying taxable year. | 45313 |
| (P) "Related member" has the same meaning as in division | 45314 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 45315 |
| division (B) of that section. However, for the purposes of | 45316 |
| divisions (A)(3) and (4) of this section only, "related member" | 45317 |
| has the same meaning as in division (A)(6) of section 5733.042 of | 45318 |
| the Revised Code without regard to division (B) of that section, | 45319 |
| but shall be applied by substituting "forty per cent" for "twenty | 45320 |
| per cent" wherever "twenty per cent" appears in division (A) of | 45321 |
| that section. | 45322 |
| (Q) "Return" or "report" means the notifications and reports | 45323 |
| required to be filed pursuant to sections 5747.42 to 5747.45 of | 45324 |
| the Revised Code for the purpose of reporting the tax imposed | 45325 |
| under section 5733.41 or 5747.41 of the Revised Code, and included | 45326 |
| declarations of estimated tax when so required. | 45327 |
| (R) "Qualifying taxable year" means the calendar year or the | 45328 |
| qualifying entity's fiscal year ending during the calendar year, | 45329 |
| or fractional part thereof, for which the adjusted qualifying | 45330 |
| amount is calculated pursuant to sections 5733.40 and 5733.41 or | 45331 |
| sections 5747.40 to 5747.453 of the Revised Code. | 45332 |
| (S) "Distributive share" includes the sum of the income, | 45333 |
| gain, expense, or loss of a disregarded entity or qualified | 45334 |
| subchapter S subsidiary. | 45335 |
| Sec. 5733.41. The purpose of the tax imposed by this section | 45336 |
| is to complement and to reinforce the tax imposed under section | 45337 |
| 5733.06 of the Revised Code. | 45338 |
| For the same purposes for which the tax is levied under | 45339 |
| section 5733.06 of the Revised Code, there is hereby levied a tax | 45340 |
| on every qualifying pass-through entity having at least one | 45341 |
| qualifying investor that is not an individual. The tax imposed by | 45342 |
| this section is imposed on the sum of the adjusted qualifying | 45343 |
| amounts of the qualifying pass-through entity's qualifying | 45344 |
| investors that are not individuals at the
| 45345 |
| 45346 | |
| 45347 | |
| 45348 | |
| eight-tenths per cent; in 2006, five and one-tenth per cent; in | 45349 |
| 2007, three and four-tenths per cent; in 2008, one and | 45350 |
| seven-tenths per cent; in 2009 and thereafter, zero per cent. | 45351 |
| The tax imposed by this section applies only if the | 45352 |
| qualifying entity has nexus with this state under the Constitution | 45353 |
| of the United States for any portion of the qualifying entity's | 45354 |
| qualifying taxable year, and the sum of the qualifying entity's | 45355 |
| adjusted qualifying amounts exceeds one thousand dollars for the | 45356 |
| qualifying entity's qualifying taxable year. This section does not | 45357 |
| apply to a pass-through entity if all of the partners, | 45358 |
| shareholders, members, or investors of the pass-through entity are | 45359 |
| taxpayers for the purposes of section 5733.04 of the Revised Code | 45360 |
| without regard to section 5733.09 of the Revised Code for the | 45361 |
| entire qualifying taxable year of the pass-through entity. | 45362 |
| If, prior to the due date of the return, a qualifying | 45363 |
| pass-through entity receives from an investor a written | 45364 |
| representation, under penalties of perjury, that the investor is | 45365 |
| described in division (I)(1), (2), (6), (7), (8), or (9) of | 45366 |
| section 5733.40 of the Revised Code for the qualifying | 45367 |
| pass-through entity's entire qualifying taxable year, the | 45368 |
| qualifying pass-through entity is not required to withhold or pay | 45369 |
| the taxes or estimated taxes imposed under this section or | 45370 |
| sections 5747.41 to 5747.453 of the Revised Code with respect to | 45371 |
| that investor for that qualifying taxable year, and is not subject | 45372 |
| to any interest or interest penalties for failure to withhold or | 45373 |
| pay those taxes or estimated taxes with respect to that investor | 45374 |
| for that qualifying taxable year. | 45375 |
| If, prior to the due date of the return, a qualifying trust | 45376 |
| receives from a beneficiary of that trust a written | 45377 |
| representation, under penalties of perjury, that the beneficiary | 45378 |
| is a resident taxpayer for the purposes of Chapter 5747. of the | 45379 |
| Revised Code for the qualifying trust's entire qualifying taxable | 45380 |
| year, the qualifying trust is not required to withhold or pay the | 45381 |
| taxes or estimated taxes imposed under this section or sections | 45382 |
| 5747.41 to 5747.453 of the Revised Code with respect to that | 45383 |
| beneficiary for that qualifying taxable year, and is not subject | 45384 |
| to any interest or interest penalties for failure to withhold or | 45385 |
| pay those taxes or estimated taxes with respect to that | 45386 |
| beneficiary for that qualifying taxable year. | 45387 |
| The tax commissioner may adopt rules for the purpose of the | 45388 |
| tax levied by this section or section 5747.41 of the Revised Code, | 45389 |
| including a rule defining "qualifying investor" or "qualifying | 45390 |
| beneficiary | 45391 |
| entity to combine its income with related members and to pay the | 45392 |
| tax and estimated tax on a combined basis. | 45393 |
| Sections 5747.10 to 5747.19 and 5747.42 to 5747.453 of the | 45394 |
| Revised Code apply to a qualifying entity subject to the tax | 45395 |
| imposed under this section. | 45396 |
| The levy of the tax under this section does not prevent a | 45397 |
| municipal corporation or a joint economic development district | 45398 |
| created under section 715.70 or 715.71 or sections 715.72 to | 45399 |
| 715.81 of the Revised Code from levying a tax on income. | 45400 |
| Sec. 5739.02. For the purpose of providing revenue with | 45401 |
| which to meet the needs of the state, for the use of the general | 45402 |
| revenue fund of the state, for the purpose of securing a thorough | 45403 |
| and efficient system of common schools throughout the state, for | 45404 |
| the purpose of affording revenues, in addition to those from | 45405 |
| general property taxes, permitted under constitutional | 45406 |
| limitations, and from other sources, for the support of local | 45407 |
| governmental functions, and for the purpose of reimbursing the | 45408 |
| state for the expense of administering this chapter, an excise tax | 45409 |
| is hereby levied on each retail sale made in this state. | 45410 |
| (A)(1) The tax shall be collected as provided in section | 45411 |
| 5739.025 of the Revised Code, provided that on and after July 1, | 45412 |
| 2003, and on or before June 30, 2005, the rate of tax shall be six | 45413 |
| per cent. On and after July 1, 2005, the rate of the tax shall be | 45414 |
| five and one-half per cent. The tax applies and is collectible | 45415 |
| when the sale is made, regardless of the time when the price is | 45416 |
| paid or delivered. | 45417 |
| (2) In the case of the lease or rental, with a fixed term of | 45418 |
| more than thirty days or an indefinite term with a minimum period | 45419 |
| of more than thirty days, of any motor vehicles designed by the | 45420 |
| manufacturer to carry a load of not more than one ton, watercraft, | 45421 |
| outboard motor, or aircraft, or of any tangible personal property, | 45422 |
| other than motor vehicles designed by the manufacturer to carry a | 45423 |
| load of more than one ton, to be used by the lessee or renter | 45424 |
| primarily for business purposes, the tax shall be collected by the | 45425 |
| vendor at the time the lease or rental is consummated and shall be | 45426 |
| calculated by the vendor on the basis of the total amount to be | 45427 |
| paid by the lessee or renter under the lease agreement. If the | 45428 |
| total amount of the consideration for the lease or rental includes | 45429 |
| amounts that are not calculated at the time the lease or rental is | 45430 |
| executed, the tax shall be calculated and collected by the vendor | 45431 |
| at the time such amounts are billed to the lessee or renter. In | 45432 |
| the case of an open-end lease or rental, the tax shall be | 45433 |
| calculated by the vendor on the basis of the total amount to be | 45434 |
| paid during the initial fixed term of the lease or rental, and for | 45435 |
| each subsequent renewal period as it comes due. As used in this | 45436 |
| division, "motor vehicle" has the same meaning as in section | 45437 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 45438 |
| unit attached to the watercraft. | 45439 |
| A lease with a renewal clause and a termination penalty or | 45440 |
| similar provision that applies if the renewal clause is not | 45441 |
| exercised is presumed to be a sham transaction. In such a case, | 45442 |
| the tax shall be calculated and paid on the basis of the entire | 45443 |
| length of the lease period, including any renewal periods, until | 45444 |
| the termination penalty or similar provision no longer applies. | 45445 |
| The taxpayer shall bear the burden, by a preponderance of the | 45446 |
| evidence, that the transaction or series of transactions is not a | 45447 |
| sham transaction. | 45448 |
| (3) Except as provided in division (A)(2) of this section, in | 45449 |
| the case of a sale, the price of which consists in whole or in | 45450 |
| part of the lease or rental of tangible personal property, the tax | 45451 |
| shall be measured by the installments of that lease or rental. | 45452 |
| (4) In the case of a sale of a physical fitness facility | 45453 |
| service or recreation and sports club service, the price of which | 45454 |
| consists in whole or in part of a membership for the receipt of | 45455 |
| the benefit of the service, the tax applicable to the sale shall | 45456 |
| be measured by the installments thereof. | 45457 |
| (B) The tax does not apply to the following: | 45458 |
| (1) Sales to the state or any of its political subdivisions, | 45459 |
| or to any other state or its political subdivisions if the laws of | 45460 |
| that state exempt from taxation sales made to this state and its | 45461 |
| political subdivisions; | 45462 |
| (2) Sales of food for human consumption off the premises | 45463 |
| where sold; | 45464 |
| (3) Sales of food sold to students only in a cafeteria, | 45465 |
| dormitory, fraternity, or sorority maintained in a private, | 45466 |
| public, or parochial school, college, or university; | 45467 |
| (4) Sales of newspapers and of magazine subscriptions and | 45468 |
| sales or transfers of magazines distributed as controlled | 45469 |
| circulation publications; | 45470 |
| (5) The furnishing, preparing, or serving of meals without | 45471 |
| charge by an employer to an employee provided the employer records | 45472 |
| the meals as part compensation for services performed or work | 45473 |
| done; | 45474 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 45475 |
| sale of which in this state a tax is imposed by the law of this | 45476 |
| state, but this exemption shall not apply to the sale of motor | 45477 |
| fuel on which a refund of the tax is allowable under division (A) | 45478 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 45479 |
| may deduct the amount of tax levied by this section applicable to | 45480 |
| the price of motor fuel when granting a refund of motor fuel tax | 45481 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 45482 |
| and shall cause the amount deducted to be paid into the general | 45483 |
| revenue fund of this state; | 45484 |
| (7) Sales of natural gas by a natural gas company, of water | 45485 |
| by a water-works company, or of steam by a heating company, if in | 45486 |
| each case the thing sold is delivered to consumers through pipes | 45487 |
| or conduits, and all sales of communications services by a | 45488 |
| telegraph company, all terms as defined in section 5727.01 of the | 45489 |
| Revised Code, and sales of electricity delivered through wires; | 45490 |
| (8) Casual sales by a person, or auctioneer employed directly | 45491 |
| by the person to conduct such sales, except as to such sales of | 45492 |
| motor vehicles, watercraft or outboard motors required to be | 45493 |
| titled under section 1548.06 of the Revised Code, watercraft | 45494 |
| documented with the United States coast guard, snowmobiles, and | 45495 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 45496 |
| Code; | 45497 |
| (9) Sales of services or tangible personal property, other | 45498 |
| than motor vehicles, mobile homes, and manufactured homes, by | 45499 |
| churches, organizations exempt from taxation under section | 45500 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 45501 |
| organizations operated exclusively for charitable purposes as | 45502 |
| defined in division (B)(12) of this section, provided that the | 45503 |
| number of days on which such tangible personal property or | 45504 |
| services, other than items never subject to the tax, are sold does | 45505 |
| not exceed six in any calendar year. If the number of days on | 45506 |
| which such sales are made exceeds six in any calendar year, the | 45507 |
| church or organization shall be considered to be engaged in | 45508 |
| business and all subsequent sales by it shall be subject to the | 45509 |
| tax. In counting the number of days, all sales by groups within a | 45510 |
| church or within an organization shall be considered to be sales | 45511 |
| of that church or organization, except that sales made by separate | 45512 |
| student clubs and other groups of students of a primary or | 45513 |
| secondary school, and sales made by a parent-teacher association, | 45514 |
| booster group, or similar organization that raises money to | 45515 |
| support or fund curricular or extracurricular activities of a | 45516 |
| primary or secondary school, shall not be considered to be sales | 45517 |
| of such school, and sales by each such club, group, association, | 45518 |
| or organization shall be counted separately for purposes of the | 45519 |
| six-day limitation. This division does not apply to sales by a | 45520 |
| noncommercial educational radio or television broadcasting | 45521 |
| station. | 45522 |
| (10) Sales not within the taxing power of this state under | 45523 |
| the Constitution of the United States; | 45524 |
| (11) Except for transactions that are sales under division | 45525 |
| (B)(3)(s) of section 5739.01 of the Revised Code, the | 45526 |
| transportation of persons or property, unless the transportation | 45527 |
| is by a private investigation and security service; | 45528 |
| (12) Sales of tangible personal property or services to | 45529 |
| churches, to organizations exempt from taxation under section | 45530 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 45531 |
| nonprofit organizations operated exclusively for charitable | 45532 |
| purposes in this state, no part of the net income of which inures | 45533 |
| to the benefit of any private shareholder or individual, and no | 45534 |
| substantial part of the activities of which consists of carrying | 45535 |
| on propaganda or otherwise attempting to influence legislation; | 45536 |
| sales to offices administering one or more homes for the aged or | 45537 |
| one or more hospital facilities exempt under section 140.08 of the | 45538 |
| Revised Code; and sales to organizations described in division (D) | 45539 |
| of section 5709.12 of the Revised Code. | 45540 |
| "Charitable purposes" means the relief of poverty; the | 45541 |
| improvement of health through the alleviation of illness, disease, | 45542 |
| or injury; the operation of an organization exclusively for the | 45543 |
| provision of professional, laundry, printing, and purchasing | 45544 |
| services to hospitals or charitable institutions; the operation of | 45545 |
| a home for the aged, as defined in section 5701.13 of the Revised | 45546 |
| Code; the operation of a radio or television broadcasting station | 45547 |
| that is licensed by the federal communications commission as a | 45548 |
| noncommercial educational radio or television station; the | 45549 |
| operation of a nonprofit animal adoption service or a county | 45550 |
| humane society; the promotion of education by an institution of | 45551 |
| learning that maintains a faculty of qualified instructors, | 45552 |
| teaches regular continuous courses of study, and confers a | 45553 |
| recognized diploma upon completion of a specific curriculum; the | 45554 |
| operation of a parent-teacher association, booster group, or | 45555 |
| similar organization primarily engaged in the promotion and | 45556 |
| support of the curricular or extracurricular activities of a | 45557 |
| primary or secondary school; the operation of a community or area | 45558 |
| center in which presentations in music, dramatics, the arts, and | 45559 |
| related fields are made in order to foster public interest and | 45560 |
| education therein; the production of performances in music, | 45561 |
| dramatics, and the arts; or the promotion of education by an | 45562 |
| organization engaged in carrying on research in, or the | 45563 |
| dissemination of, scientific and technological knowledge and | 45564 |
| information primarily for the public. | 45565 |
| Nothing in this division shall be deemed to exempt sales to | 45566 |
| any organization for use in the operation or carrying on of a | 45567 |
| trade or business, or sales to a home for the aged for use in the | 45568 |
| operation of independent living facilities as defined in division | 45569 |
| (A) of section 5709.12 of the Revised Code. | 45570 |
| (13) Building and construction materials and services sold to | 45571 |
| construction contractors for incorporation into a structure or | 45572 |
| improvement to real property under a construction contract with | 45573 |
| this state or a political subdivision of this state, or with the | 45574 |
| United States government or any of its agencies; building and | 45575 |
| construction materials and services sold to construction | 45576 |
| contractors for incorporation into a structure or improvement to | 45577 |
| real property that are accepted for ownership by this state or any | 45578 |
| of its political subdivisions, or by the United States government | 45579 |
| or any of its agencies at the time of completion of the structures | 45580 |
| or improvements; building and construction materials sold to | 45581 |
| construction contractors for incorporation into a horticulture | 45582 |
| structure or livestock structure for a person engaged in the | 45583 |
| business of horticulture or producing livestock; building | 45584 |
| materials and services sold to a construction contractor for | 45585 |
| incorporation into a house of public worship or religious | 45586 |
| education, or a building used exclusively for charitable purposes | 45587 |
| under a construction contract with an organization whose purpose | 45588 |
| is as described in division (B)(12) of this section; building | 45589 |
| materials and services sold to a construction contractor for | 45590 |
| incorporation into a building under a construction contract with | 45591 |
| an organization exempt from taxation under section 501(c)(3) of | 45592 |
| the Internal Revenue Code of 1986 when the building is to be used | 45593 |
| exclusively for the organization's exempt purposes; building and | 45594 |
| construction materials sold for incorporation into the original | 45595 |
| construction of a sports facility under section 307.696 of the | 45596 |
| Revised Code; and building and construction materials and services | 45597 |
| sold to a construction contractor for incorporation into real | 45598 |
| property outside this state if such materials and services, when | 45599 |
| sold to a construction contractor in the state in which the real | 45600 |
| property is located for incorporation into real property in that | 45601 |
| state, would be exempt from a tax on sales levied by that state; | 45602 |
| (14) Sales of ships or vessels or rail rolling stock used or | 45603 |
| to be used principally in interstate or foreign commerce, and | 45604 |
| repairs, alterations, fuel, and lubricants for such ships or | 45605 |
| vessels or rail rolling stock; | 45606 |
| (15) Sales to persons primarily engaged in any of the | 45607 |
| activities mentioned in division (B)(43)(a) or (g) of this | 45608 |
| section, to persons engaged in making retail sales, or to persons | 45609 |
| who purchase for sale from a manufacturer tangible personal | 45610 |
| property that was produced by the manufacturer in accordance with | 45611 |
| specific designs provided by the purchaser, of packages, including | 45612 |
| material, labels, and parts for packages, and of machinery, | 45613 |
| equipment, and material for use primarily in packaging tangible | 45614 |
| personal property produced for sale, including any machinery, | 45615 |
| equipment, and supplies used to make labels or packages, to | 45616 |
| prepare packages or products for labeling, or to label packages or | 45617 |
| products, by or on the order of the person doing the packaging, or | 45618 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 45619 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 45620 |
| similar devices and containers, but does not include motor | 45621 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 45622 |
| motor vehicles. "Packaging" means placing in a package. Division | 45623 |
| (B) | 45624 |
| highway transportation for hire. | 45625 |
| (16) Sales of food to persons using food stamp benefits to | 45626 |
| purchase the food. As used in this division, "food" has the same | 45627 |
| meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C. | 45628 |
| 2012, as amended, and federal regulations adopted pursuant to that | 45629 |
| act. | 45630 |
| (17) Sales to persons engaged in farming, agriculture, | 45631 |
| horticulture, or floriculture, of tangible personal property for | 45632 |
| use or consumption directly in the production by farming, | 45633 |
| agriculture, horticulture, or floriculture of other tangible | 45634 |
| personal property for use or consumption directly in the | 45635 |
| production of tangible personal property for sale by farming, | 45636 |
| agriculture, horticulture, or floriculture; or material and parts | 45637 |
| for incorporation into any such tangible personal property for use | 45638 |
| or consumption in production; and of tangible personal property | 45639 |
| for such use or consumption in the conditioning or holding of | 45640 |
| products produced by and for such use, consumption, or sale by | 45641 |
| persons engaged in farming, agriculture, horticulture, or | 45642 |
| floriculture, except where such property is incorporated into real | 45643 |
| property; | 45644 |
| (18) Sales of drugs for a human being, dispensed pursuant to | 45645 |
| a prescription; insulin as recognized in the official United | 45646 |
| States pharmacopoeia; urine and blood testing materials when used | 45647 |
| by diabetics or persons with hypoglycemia to test for glucose or | 45648 |
| acetone; hypodermic syringes and needles when used by diabetics | 45649 |
| for insulin injections; epoetin alfa when purchased for use in the | 45650 |
| treatment of persons with medical disease; hospital beds when | 45651 |
| purchased for use by persons with medical problems for medical | 45652 |
| purposes; and medical oxygen and medical oxygen-dispensing | 45653 |
| equipment when purchased for use by persons with medical problems | 45654 |
| for medical purposes; | 45655 |
| (19) Sales of prosthetic devices, durable medical equipment | 45656 |
| for home use, or mobility enhancing equipment, when made pursuant | 45657 |
| to a prescription and when such devices or equipment are for use | 45658 |
| by a human being. | 45659 |
| (20) Sales of emergency and fire protection vehicles and | 45660 |
| equipment to nonprofit organizations for use solely in providing | 45661 |
| fire protection and emergency services, including trauma care and | 45662 |
| emergency medical services, for political subdivisions of the | 45663 |
| state; | 45664 |
| (21) Sales of tangible personal property manufactured in this | 45665 |
| state, if sold by the manufacturer in this state to a retailer for | 45666 |
| use in the retail business of the retailer outside of this state | 45667 |
| and if possession is taken from the manufacturer by the purchaser | 45668 |
| within this state for the sole purpose of immediately removing the | 45669 |
| same from this state in a vehicle owned by the purchaser; | 45670 |
| (22) Sales of services provided by the state or any of its | 45671 |
| political subdivisions, agencies, instrumentalities, institutions, | 45672 |
| or authorities, or by governmental entities of the state or any of | 45673 |
| its political subdivisions, agencies, instrumentalities, | 45674 |
| institutions, or authorities; | 45675 |
| (23) Sales of motor vehicles to nonresidents of this state | 45676 |
| upon the presentation of an affidavit executed in this state by | 45677 |
| the nonresident purchaser affirming that the purchaser is a | 45678 |
| nonresident of this state, that possession of the motor vehicle is | 45679 |
| taken in this state for the sole purpose of immediately removing | 45680 |
| it from this state, that the motor vehicle will be permanently | 45681 |
| titled and registered in another state, and that the motor vehicle | 45682 |
| will not be used in this state; | 45683 |
| (24) Sales to persons engaged in the preparation of eggs for | 45684 |
| sale of tangible personal property used or consumed directly in | 45685 |
| such preparation, including such tangible personal property used | 45686 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 45687 |
| classifying by size; packages, including material and parts for | 45688 |
| packages, and machinery, equipment, and material for use in | 45689 |
| packaging eggs for sale; and handling and transportation equipment | 45690 |
| and parts therefor, except motor vehicles licensed to operate on | 45691 |
| public highways, used in intraplant or interplant transfers or | 45692 |
| shipment of eggs in the process of preparation for sale, when the | 45693 |
| plant or plants within or between which such transfers or | 45694 |
| shipments occur are operated by the same person. "Packages" | 45695 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 45696 |
| cartons, closure materials, labels, and labeling materials, and | 45697 |
| "packaging" means placing therein. | 45698 |
| (25)(a) Sales of water to a consumer for residential use, | 45699 |
| except the sale of bottled water, distilled water, mineral water, | 45700 |
| carbonated water, or ice; | 45701 |
| (b) Sales of water by a nonprofit corporation engaged | 45702 |
| exclusively in the treatment, distribution, and sale of water to | 45703 |
| consumers, if such water is delivered to consumers through pipes | 45704 |
| or tubing. | 45705 |
| (26) Fees charged for inspection or reinspection of motor | 45706 |
| vehicles under section 3704.14 of the Revised Code; | 45707 |
| (27) Sales to persons licensed to conduct a food service | 45708 |
| operation pursuant to section 3717.43 of the Revised Code, of | 45709 |
| tangible personal property primarily used directly for the | 45710 |
| following: | 45711 |
| (a) To prepare food for human consumption for sale; | 45712 |
| (b) To preserve food that has been or will be prepared for | 45713 |
| human consumption for sale by the food service operator, not | 45714 |
| including tangible personal property used to display food for | 45715 |
| selection by the consumer; | 45716 |
| (c) To clean tangible personal property used to prepare or | 45717 |
| serve food for human consumption for sale. | 45718 |
| (28) Sales of animals by nonprofit animal adoption services | 45719 |
| or county humane societies; | 45720 |
| (29) Sales of services to a corporation described in division | 45721 |
| (A) of section 5709.72 of the Revised Code, and sales of tangible | 45722 |
| personal property that qualifies for exemption from taxation under | 45723 |
| section 5709.72 of the Revised Code; | 45724 |
| (30) Sales and installation of agricultural land tile, as | 45725 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 45726 |
| Code; | 45727 |
| (31) Sales and erection or installation of portable grain | 45728 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 45729 |
| Revised Code; | 45730 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 45731 |
| or items attached to or incorporated in, motor vehicles that are | 45732 |
| primarily used for transporting tangible personal property | 45733 |
| belonging to others by a person engaged in highway transportation | 45734 |
| for hire, except for packages and packaging used for the | 45735 |
| transportation of tangible personal property; | 45736 |
| (33) Sales to the state headquarters of any veterans' | 45737 |
| organization in this state that is either incorporated and issued | 45738 |
| a charter by the congress of the United States or is recognized by | 45739 |
| the United States veterans administration, for use by the | 45740 |
| headquarters; | 45741 |
| (34) Sales to a telecommunications service vendor, mobile | 45742 |
| telecommunications service vendor, or satellite broadcasting | 45743 |
| service vendor of tangible personal property and services used | 45744 |
| directly and primarily in transmitting, receiving, switching, or | 45745 |
| recording any interactive, one- or two-way electromagnetic | 45746 |
| communications, including voice, image, data, and information, | 45747 |
| through the use of any medium, including, but not limited to, | 45748 |
| poles, wires, cables, switching equipment, computers, and record | 45749 |
| storage devices and media, and component parts for the tangible | 45750 |
| personal property. The exemption provided in this division shall | 45751 |
| be in lieu of all other exemptions under division (B)(43)(a) of | 45752 |
| this section to which the vendor may otherwise be entitled, based | 45753 |
| upon the use of the thing purchased in providing the | 45754 |
| telecommunications, mobile telecommunications, or satellite | 45755 |
| broadcasting service. | 45756 |
| (35) Sales of investment metal bullion and investment coins. | 45757 |
| "Investment metal bullion" means any elementary precious metal | 45758 |
| that has been put through a process of smelting or refining, | 45759 |
| including, but not limited to, gold, silver, platinum, and | 45760 |
| palladium, and which is in such state or condition that its value | 45761 |
| depends upon its content and not upon its form. "Investment metal | 45762 |
| bullion" does not include fabricated precious metal that has been | 45763 |
| processed or manufactured for one or more specific and customary | 45764 |
| industrial, professional, or artistic uses. "Investment coins" | 45765 |
| means numismatic coins or other forms of money and legal tender | 45766 |
| manufactured of gold, silver, platinum, palladium, or other metal | 45767 |
| under the laws of the United States or any foreign nation with a | 45768 |
| fair market value greater than any statutory or nominal value of | 45769 |
| such coins. | 45770 |
| (36)(a) Sales where the purpose of the consumer is to use or | 45771 |
| consume the things transferred in making retail sales and | 45772 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 45773 |
| certificates, or other advertising material that prices and | 45774 |
| describes tangible personal property offered for retail sale. | 45775 |
| (b) Sales to direct marketing vendors of preliminary | 45776 |
| materials such as photographs, artwork, and typesetting that will | 45777 |
| be used in printing advertising material; of printed matter that | 45778 |
| offers free merchandise or chances to win sweepstake prizes and | 45779 |
| that is mailed to potential customers with advertising material | 45780 |
| described in division (B)(36)(a) of this section; and of equipment | 45781 |
| such as telephones, computers, facsimile machines, and similar | 45782 |
| tangible personal property primarily used to accept orders for | 45783 |
| direct marketing retail sales. | 45784 |
| (c) Sales of automatic food vending machines that preserve | 45785 |
| food with a shelf life of forty-five days or less by refrigeration | 45786 |
| and dispense it to the consumer. | 45787 |
| For purposes of division (B)(36) of this section, "direct | 45788 |
| marketing" means the method of selling where consumers order | 45789 |
| tangible personal property by United States mail, delivery | 45790 |
| service, or telecommunication and the vendor delivers or ships the | 45791 |
| tangible personal property sold to the consumer from a warehouse, | 45792 |
| catalogue distribution center, or similar fulfillment facility by | 45793 |
| means of the United States mail, delivery service, or common | 45794 |
| carrier. | 45795 |
| (37) Sales to a person engaged in the business of | 45796 |
| horticulture or producing livestock of materials to be | 45797 |
| incorporated into a horticulture structure or livestock structure; | 45798 |
| (38) Sales of personal computers, computer monitors, computer | 45799 |
| keyboards, modems, and other peripheral computer equipment to an | 45800 |
| individual who is licensed or certified to teach in an elementary | 45801 |
| or a secondary school in this state for use by that individual in | 45802 |
| preparation for teaching elementary or secondary school students; | 45803 |
| (39) Sales to a professional racing team of any of the | 45804 |
| following: | 45805 |
| (a) Motor racing vehicles; | 45806 |
| (b) Repair services for motor racing vehicles; | 45807 |
| (c) Items of property that are attached to or incorporated in | 45808 |
| motor racing vehicles, including engines, chassis, and all other | 45809 |
| components of the vehicles, and all spare, replacement, and | 45810 |
| rebuilt parts or components of the vehicles; except not including | 45811 |
| tires, consumable fluids, paint, and accessories consisting of | 45812 |
| instrumentation sensors and related items added to the vehicle to | 45813 |
| collect and transmit data by means of telemetry and other forms of | 45814 |
| communication. | 45815 |
| (40) Sales of used manufactured homes and used mobile homes, | 45816 |
| as defined in section 5739.0210 of the Revised Code, made on or | 45817 |
| after January 1, 2000; | 45818 |
| (41) Sales of tangible personal property and services to a | 45819 |
| provider of electricity used or consumed directly and primarily in | 45820 |
| generating, transmitting, or distributing electricity for use by | 45821 |
| others, including property that is or is to be incorporated into | 45822 |
| and will become a part of the consumer's production, transmission, | 45823 |
| or distribution system and that retains its classification as | 45824 |
| tangible personal property after incorporation; fuel or power used | 45825 |
| in the production, transmission, or distribution of electricity; | 45826 |
| and tangible personal property and services used in the repair and | 45827 |
| maintenance of the production, transmission, or distribution | 45828 |
| system, including only those motor vehicles as are specially | 45829 |
| designed and equipped for such use. The exemption provided in this | 45830 |
| division shall be in lieu of all other exemptions in division | 45831 |
| (B)(43)(a) of this section to which a provider of electricity may | 45832 |
| otherwise be entitled based on the use of the tangible personal | 45833 |
| property or service purchased in generating, transmitting, or | 45834 |
| distributing electricity. | 45835 |
| (42) Sales to a person providing services under division | 45836 |
| (B)(3)(s) of section 5739.01 of the Revised Code of tangible | 45837 |
| personal property and services used directly and primarily in | 45838 |
| providing taxable services under that section. | 45839 |
| (43) Sales where the purpose of the purchaser is to do any of | 45840 |
| the following: | 45841 |
| (a) To incorporate the thing transferred as a material or a | 45842 |
| part into tangible personal property to be produced for sale by | 45843 |
| manufacturing, assembling, processing, or refining; or to use or | 45844 |
| consume the thing transferred directly in producing tangible | 45845 |
| personal property for sale by mining, including, without | 45846 |
| limitation, the extraction from the earth of all substances that | 45847 |
| are classed geologically as minerals, production of crude oil and | 45848 |
| natural gas, farming, agriculture, horticulture, or floriculture, | 45849 |
| or directly in the rendition of a public utility service, except | 45850 |
| that the sales tax levied by this section shall be collected upon | 45851 |
| all meals, drinks, and food for human consumption sold when | 45852 |
| transporting persons. Persons engaged in rendering farming, | 45853 |
| agricultural, horticultural, or floricultural services, and | 45854 |
| services in the exploration for, and production of, crude oil and | 45855 |
| natural gas, for others are deemed engaged directly in farming, | 45856 |
| agriculture, horticulture, and floriculture, or exploration for, | 45857 |
| and production of, crude oil and natural gas. This paragraph does | 45858 |
| not exempt from "retail sale" or "sales at retail" the sale of | 45859 |
| tangible personal property that is to be incorporated into a | 45860 |
| structure or improvement to real property. | 45861 |
| (b) To hold the thing transferred as security for the | 45862 |
| performance of an obligation of the vendor; | 45863 |
| (c) To resell, hold, use, or consume the thing transferred as | 45864 |
| evidence of a contract of insurance; | 45865 |
| (d) To use or consume the thing directly in commercial | 45866 |
| fishing; | 45867 |
| (e) To incorporate the thing transferred as a material or a | 45868 |
| part into, or to use or consume the thing transferred directly in | 45869 |
| the production of, magazines distributed as controlled circulation | 45870 |
| publications; | 45871 |
| (f) To use or consume the thing transferred in the production | 45872 |
| and preparation in suitable condition for market and sale of | 45873 |
| printed, imprinted, overprinted, lithographic, multilithic, | 45874 |
| blueprinted, photostatic, or other productions or reproductions of | 45875 |
| written or graphic matter; | 45876 |
| (g) To use the thing transferred, as described in section | 45877 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 45878 |
| operation to produce tangible personal property for sale; | 45879 |
| (h) To use the benefit of a warranty, maintenance or service | 45880 |
| contract, or similar agreement, as described in division (B)(7) of | 45881 |
| section 5739.01 of the Revised Code, to repair or maintain | 45882 |
| tangible personal property, if all of the property that is the | 45883 |
| subject of the warranty, contract, or agreement would not be | 45884 |
| subject to the tax imposed by this section; | 45885 |
| (i) To use the thing transferred as qualified research and | 45886 |
| development equipment; | 45887 |
| (j) To use or consume the thing transferred primarily in | 45888 |
| storing, transporting, mailing, or otherwise handling purchased | 45889 |
| sales inventory in a warehouse, distribution center, or similar | 45890 |
| facility when the inventory is primarily distributed outside this | 45891 |
| state to retail stores of the person who owns or controls the | 45892 |
| warehouse, distribution center, or similar facility, to retail | 45893 |
| stores of an affiliated group of which that person is a member, or | 45894 |
| by means of direct marketing. This division does not apply to | 45895 |
| motor vehicles registered for operation on the public highways. As | 45896 |
| used in this division, "affiliated group" has the same meaning as | 45897 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 45898 |
| "direct marketing" has the same meaning as in division (B)(36) of | 45899 |
| this section. | 45900 |
| (k) To use or consume the thing transferred to fulfill a | 45901 |
| contractual obligation incurred by a warrantor pursuant to a | 45902 |
| warranty provided as a part of the price of the tangible personal | 45903 |
| property sold or by a vendor of a warranty, maintenance or service | 45904 |
| contract, or similar agreement the provision of which is defined | 45905 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 45906 |
| Code; | 45907 |
| (l) To use or consume the thing transferred in the production | 45908 |
| of a newspaper for distribution to the public; | 45909 |
| (m) To use tangible personal property to perform a service | 45910 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 45911 |
| if the property is or is to be permanently transferred to the | 45912 |
| consumer of the service as an integral part of the performance of | 45913 |
| the service. | 45914 |
| As used in division (B)(43) of this section, "thing" includes | 45915 |
| all transactions included in divisions (B)(3)(a), (b), and (e) of | 45916 |
| section 5739.01 of the Revised Code. | 45917 |
| (44) Sales conducted through a coin operated device that | 45918 |
| activates vacuum equipment or equipment that dispenses water, | 45919 |
| whether or not in combination with soap or other cleaning agents | 45920 |
| or wax, to the consumer for the consumer's use on the premises in | 45921 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 45922 |
| personal property or personal service is provided as part of the | 45923 |
| transaction. | 45924 |
| (45) Sales of replacement and modification parts for engines, | 45925 |
| airframes, instruments, and interiors in, and paint for, aircraft | 45926 |
| used primarily in a fractional aircraft ownership program, and | 45927 |
| sales of services for the repair, modification, and maintenance of | 45928 |
| such aircraft, and machinery, equipment, and supplies primarily | 45929 |
| used to provide those services. | 45930 |
| (46) Sales of telecommunications service that is used | 45931 |
| directly and primarily to perform the functions of a call center. | 45932 |
| As used in this division, "call center" means any physical | 45933 |
| location where telephone calls are placed or received in high | 45934 |
| volume for the purpose of making sales, marketing, customer | 45935 |
| service, technical support, or other specialized business | 45936 |
| activity, and that employs at least fifty individuals that engage | 45937 |
| in call center activities on a full-time basis, or sufficient | 45938 |
| individuals to fill fifty full-time equivalent positions. | 45939 |
| (C) For the purpose of the proper administration of this | 45940 |
| chapter, and to prevent the evasion of the tax, it is presumed | 45941 |
| that all sales made in this state are subject to the tax until the | 45942 |
| contrary is established. | 45943 |
| | 45944 |
| and sports club service shall not prevent a municipal corporation | 45945 |
| from levying any tax on recreation and sports club dues or on any | 45946 |
| income generated by recreation and sports club dues. | 45947 |
| (E) The tax collected by the vendor from the consumer under | 45948 |
| this chapter is not part of the price, but is a tax collection for | 45949 |
| the benefit of the state, and of counties levying an additional | 45950 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 45951 |
| Code and of transit authorities levying an additional sales tax | 45952 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 45953 |
| discount authorized under section 5739.12 of the Revised Code and | 45954 |
| the effects of any rounding pursuant to section 5703.055 of the | 45955 |
| Revised Code, no person other than the state or such a county or | 45956 |
| transit authority shall derive any benefit from the collection or | 45957 |
| payment of the tax levied by this section or section 5739.021, | 45958 |
| 5739.023, or 5739.026 of the Revised Code. | 45959 |
| Sec. 5739.025. As used in this section, "local tax" means a | 45960 |
| tax imposed pursuant to section 5739.021, 5739.023, 5739.026, | 45961 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code. | 45962 |
| (A) The taxes levied by sections 5739.02 and 5741.02 of the | 45963 |
| Revised Code shall be collected as follows: | 45964 |
| (1) On and after July 1, 2003, and on or before June 30, | 45965 |
| 2005, in accordance with the following schedule: | 45966 |
| If the price | The amount of | 45967 | |||||
| is at least | But not more than | the tax is | 45968 | ||||
| $ .01 | $ .15 | No tax | 45969 | ||||
| .16 | .16 | 1¢ | 45970 | ||||
| .17 | .33 | 2¢ | 45971 | ||||
| .34 | .50 | 3¢ | 45972 | ||||
| .51 | .66 | 4¢ | 45973 | ||||
| .67 | .83 | 5¢ | 45974 | ||||
| .84 | 1.00 | 6¢ | 45975 | ||||
| If the price exceeds one dollar, the tax is six cents on each | 45976 |
| one dollar. If the price exceeds one dollar or a multiple thereof | 45977 |
| by not more than seventeen cents, the amount of tax is six cents | 45978 |
| for each one dollar plus one cent. If the price exceeds one dollar | 45979 |
| or a multiple thereof by more than seventeen cents, the amount of | 45980 |
| tax is six cents for each one dollar plus the amount of tax for | 45981 |
| prices eighteen cents through ninety-nine cents in accordance with | 45982 |
| the schedule above. | 45983 |
| (2) On and after July 1, 2005, and on and before December 31, | 45984 |
| 2005, in accordance with the following schedule: | 45985 |
| If the price | But not | The amount | 45986 | |||||
| is at least | more than | of the tax is | 45987 |
| $ .01 | $ .15 | No tax | 45988 | |||||
| .16 | 1¢ | 45989 | ||||||
| 2¢ | 45990 | |||||||
| 3¢ | 45991 | |||||||
| 4¢ | 45992 | |||||||
| 5¢ | 45993 | |||||||
| .91 | 1.09 | 6¢ | 45994 | |||||
| 1.10 | 1.27 | 7¢ | 45995 | |||||
| 1.28 | 1.46 | 8¢ | 45996 | |||||
| 1.47 | 1.64 | 9¢ | 45997 | |||||
| 1.65 | 1.82 | 10¢ | 45998 | |||||
| 1.83 | 2.00 | 11¢ | 45999 |
| If the price exceeds | 46000 |
| eleven cents on
each | 46001 |
| 46002 | |
| 46003 | |
| each | 46004 |
| 46005 | |
| eighteen cents, the
amount of tax is | 46006 |
| 46007 | |
| 46008 | |
| in accordance with the schedule above. | 46009 |
| (B) On and after July 1, 2003, and on and before June 30, | 46010 |
| 2005, the combined taxes levied by sections 5739.02 and 5741.02 | 46011 |
| and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, | 46012 |
| 5741.022, and 5741.023 of the Revised Code shall be collected in | 46013 |
| accordance with the following schedules: | 46014 |
| (1) When the combined rate of state and local tax is six and | 46015 |
| one-fourth per cent: | 46016 |
| If the price | The amount of | 46017 | |||||
| is at least | But not more than | the tax is | 46018 | ||||
| $ .01 | $ .15 | No tax | 46019 | ||||
| .16 | .16 | 1¢ | 46020 | ||||
| .17 | .32 | 2¢ | 46021 | ||||
| .33 | .48 | 3¢ | 46022 | ||||
| .49 | .64 | 4¢ | 46023 | ||||
| .65 | .80 | 5¢ | 46024 | ||||
| .81 | .96 | 6¢ | 46025 | ||||
| .97 | 1.12 | 7¢ | 46026 | ||||
| 1.13 | 1.28 | 8¢ | 46027 | ||||
| 1.29 | 1.44 | 9¢ | 46028 | ||||
| 1.45 | 1.60 | 10¢ | 46029 | ||||
| 1.61 | 1.76 | 11¢ | 46030 | ||||
| 1.77 | 1.92 | 12¢ | 46031 | ||||
| 1.93 | 2.08 | 13¢ | 46032 | ||||
| 2.09 | 2.24 | 14¢ | 46033 | ||||
| 2.25 | 2.40 | 15¢ | 46034 | ||||
| 2.41 | 2.56 | 16¢ | 46035 | ||||
| 2.57 | 2.72 | 17¢ | 46036 | ||||
| 2.73 | 2.88 | 18¢ | 46037 | ||||
| 2.89 | 3.04 | 19¢ | 46038 | ||||
| 3.05 | 3.20 | 20¢ | 46039 | ||||
| 3.21 | 3.36 | 21¢ | 46040 | ||||
| 3.37 | 3.52 | 22¢ | 46041 | ||||
| 3.53 | 3.68 | 23¢ | 46042 | ||||
| 3.69 | 3.84 | 24¢ | 46043 | ||||
| 3.85 | 4.00 | 25¢ | 46044 | ||||
| If the price exceeds four dollars, the tax is twenty-five | 46045 |
| cents on each four dollars. If the price exceeds four dollars or a | 46046 |
| multiple thereof by not more than sixteen cents, the amount of tax | 46047 |
| is twenty-five cents for each four dollars plus one cent. If the | 46048 |
| price exceeds four dollars or a multiple thereof by more than | 46049 |
| sixteen cents, the amount of tax is twenty-five cents for each | 46050 |
| four dollars plus the amount of tax for prices seventeen cents | 46051 |
| through three dollars and ninety-nine cents in accordance with the | 46052 |
| schedule above. | 46053 |
| (2) When the combined rate of state and local tax is six and | 46054 |
| one-half per cent: | 46055 |
| If the price | The amount of | 46056 | |||||
| is at least | But not more than | the tax is | 46057 | ||||
| $ .01 | $ .15 | No tax | 46058 | ||||
| .16 | .30 | 2¢ | 46059 | ||||
| .31 | .46 | 3¢ | 46060 | ||||
| .47 | .61 | 4¢ | 46061 | ||||
| .62 | .76 | 5¢ | 46062 | ||||
| .77 | .92 | 6¢ | 46063 | ||||
| .93 | 1.07 | 7¢ | 46064 | ||||
| 1.08 | 1.23 | 8¢ | 46065 | ||||
| 1.24 | 1.38 | 9¢ | 46066 | ||||
| 1.39 | 1.53 | 10¢ | 46067 | ||||
| 1.54 | 1.69 | 11¢ | 46068 | ||||
| 1.70 | 1.84 | 12¢ | 46069 | ||||
| 1.85 | 2.00 | 13¢ | 46070 | ||||
| If the price exceeds two dollars, the tax is thirteen cents | 46071 |
| on each two dollars. If the price exceeds two dollars or a | 46072 |
| multiple thereof by not more than fifteen cents, the amount of tax | 46073 |
| is thirteen cents for each two dollars plus one cent. If the price | 46074 |
| exceeds two dollars or a multiple thereof by more than fifteen | 46075 |
| cents, the amount of tax is thirteen cents for each two dollars | 46076 |
| plus the amount of tax for prices sixteen cents through one dollar | 46077 |
| and ninety-nine cents in accordance with the schedule above. | 46078 |
| (3) When the combined rate of state and local tax is six and | 46079 |
| three-fourths per cent: | 46080 |
| If the price | The amount of | 46081 | |||||
| is at least | But not more than | the tax is | 46082 | ||||
| $ .01 | $ .15 | No tax | 46083 | ||||
| .16 | .29 | 2¢ | 46084 | ||||
| .30 | .44 | 3¢ | 46085 | ||||
| .45 | .59 | 4¢ | 46086 | ||||
| .60 | .74 | 5¢ | 46087 | ||||
| .75 | .88 | 6¢ | 46088 | ||||
| .89 | 1.03 | 7¢ | 46089 | ||||
| 1.04 | 1.18 | 8¢ | 46090 | ||||
| 1.19 | 1.33 | 9¢ | 46091 | ||||
| 1.34 | 1.48 | 10¢ | 46092 | ||||
| 1.49 | 1.62 | 11¢ | 46093 | ||||
| 1.63 | 1.77 | 12¢ | 46094 | ||||
| 1.78 | 1.92 | 13¢ | 46095 | ||||
| 1.93 | 2.07 | 14¢ | 46096 | ||||
| 2.08 | 2.22 | 15¢ | 46097 | ||||
| 2.23 | 2.37 | 16¢ | 46098 | ||||
| 2.38 | 2.51 | 17¢ | 46099 | ||||
| 2.52 | 2.66 | 18¢ | 46100 | ||||
| 2.67 | 2.81 | 19¢ | 46101 | ||||
| 2.82 | 2.96 | 20¢ | 46102 | ||||
| 2.97 | 3.11 | 21¢ | 46103 | ||||
| 3.12 | 3.25 | 22¢ | 46104 | ||||
| 3.26 | 3.40 | 23¢ | 46105 | ||||
| 3.41 | 3.55 | 24¢ | 46106 | ||||
| 3.56 | 3.70 | 25¢ | 46107 | ||||
| 3.71 | 3.85 | 26¢ | 46108 | ||||
| 3.86 | 4.00 | 27¢ | 46109 | ||||
| If the price exceeds four dollars, the tax is twenty-seven | 46110 |
| cents on each four dollars. If the price exceeds four dollars or a | 46111 |
| multiple thereof by not more than fourteen cents, the amount of | 46112 |
| tax is twenty-seven cents for each four dollars plus one cent. If | 46113 |
| the price exceeds four dollars or a multiple thereof by more than | 46114 |
| fourteen but by not more than twenty-nine cents, the amount of tax | 46115 |
| is twenty-seven cents for each four dollars plus two cents. If the | 46116 |
| price exceeds four dollars or a multiple thereof by more than | 46117 |
| twenty-nine cents the amount of tax is twenty-seven cents for each | 46118 |
| four dollars plus the amount of tax for prices thirty cents | 46119 |
| through three dollars and ninety-nine cents in accordance with the | 46120 |
| schedule above. | 46121 |
| (4) When the combined rate of state and local tax is seven | 46122 |
| per cent: | 46123 |
| If the price | The amount of | 46124 | |||||
| is at least | But not more than | the tax is | 46125 | ||||
| $ .01 | $ .15 | No tax | 46126 | ||||
| .16 | .28 | 2¢ | 46127 | ||||
| .29 | .42 | 3¢ | 46128 | ||||
| .43 | .57 | 4¢ | 46129 | ||||
| .58 | .71 | 5¢ | 46130 | ||||
| .72 | .85 | 6¢ | 46131 | ||||
| .86 | 1.00 | 7¢ | 46132 | ||||
| If the price exceeds one dollar, the tax is seven cents on | 46133 |
| each one dollar. If the price exceeds one dollar or a multiple | 46134 |
| thereof by not more than fifteen cents, the amount of tax is seven | 46135 |
| cents for each one dollar plus one cent. If the price exceeds one | 46136 |
| dollar or a multiple thereof by more than fifteen cents, the | 46137 |
| amount of tax is seven cents for each one dollar plus the amount | 46138 |
| of tax for prices sixteen cents through ninety-nine cents in | 46139 |
| accordance with the schedule above. | 46140 |
| (5) When the combined rate of state and local tax is seven | 46141 |
| and one-fourth per cent: | 46142 |
| If the price | The amount of | 46143 | |||||
| is at least | But not more than | the tax is | 46144 | ||||
| $ .01 | $ .15 | No tax | 46145 | ||||
| .16 | .27 | 2¢ | 46146 | ||||
| .28 | .41 | 3¢ | 46147 | ||||
| .42 | .55 | 4¢ | 46148 | ||||
| .56 | .68 | 5¢ | 46149 | ||||
| .69 | .82 | 6¢ | 46150 | ||||
| .83 | .96 | 7¢ | 46151 | ||||
| .97 | 1.10 | 8¢ | 46152 | ||||
| 1.11 | 1.24 | 9¢ | 46153 | ||||
| 1.25 | 1.37 | 10¢ | 46154 | ||||
| 1.38 | 1.51 | 11¢ | 46155 | ||||
| 1.52 | 1.65 | 12¢ | 46156 | ||||
| 1.66 | 1.79 | 13¢ | 46157 | ||||
| 1.80 | 1.93 | 14¢ | 46158 | ||||
| 1.94 | 2.06 | 15¢ | 46159 | ||||
| 2.07 | 2.20 | 16¢ | 46160 | ||||
| 2.21 | 2.34 | 17¢ | 46161 | ||||
| 2.35 | 2.48 | 18¢ | 46162 | ||||
| 2.49 | 2.62 | 19¢ | 46163 | ||||
| 2.63 | 2.75 | 20¢ | 46164 | ||||
| 2.76 | 2.89 | 21¢ | 46165 | ||||
| 2.90 | 3.03 | 22¢ | 46166 | ||||
| 3.04 | 3.17 | 23¢ | 46167 | ||||
| 3.18 | 3.31 | 24¢ | 46168 | ||||
| 3.32 | 3.44 | 25¢ | 46169 | ||||
| 3.45 | 3.58 | 26¢ | 46170 | ||||
| 3.59 | 3.72 | 27¢ | 46171 | ||||
| 3.73 | 3.86 | 28¢ | 46172 | ||||
| 3.87 | 4.00 | 29¢ | 46173 | ||||
| If the price exceeds four dollars, the tax is twenty-nine | 46174 |
| cents on each four dollars. If the price exceeds four dollars or a | 46175 |
| multiple thereof by not more than thirteen cents, the amount of | 46176 |
| tax is twenty-nine cents for each four dollars plus one cent. If | 46177 |
| the price exceeds four dollars or a multiple thereof by more than | 46178 |
| thirteen cents but by not more than twenty-seven cents, the amount | 46179 |
| of tax is twenty-nine cents for each four dollars plus two cents. | 46180 |
| If the price exceeds four dollars or a multiple thereof by more | 46181 |
| than twenty-seven cents, the amount of tax is twenty-nine cents | 46182 |
| for each four dollars plus the amount of tax for prices | 46183 |
| twenty-eight cents through three dollars and ninety-nine cents in | 46184 |
| accordance with the schedule above. | 46185 |
| (6) When the combined rate of state and local tax is seven | 46186 |
| and one-half per cent: | 46187 |
| If the price | The amount of | 46188 | |||||
| is at least | But not more than | the tax is | 46189 | ||||
| $ .01 | $ .15 | No tax | 46190 | ||||
| .16 | .26 | 2¢ | 46191 | ||||
| .27 | .40 | 3¢ | 46192 | ||||
| .41 | .53 | 4¢ | 46193 | ||||
| .54 | .65 | 5¢ | 46194 | ||||
| .66 | .80 | 6¢ | 46195 | ||||
| .81 | .93 | 7¢ | 46196 | ||||
| .94 | 1.06 | 8¢ | 46197 | ||||
| 1.07 | 1.20 | 9¢ | 46198 | ||||
| 1.21 | 1.33 | 10¢ | 46199 | ||||
| 1.34 | 1.46 | 11¢ | 46200 | ||||
| 1.47 | 1.60 | 12¢ | 46201 | ||||
| 1.61 | 1.73 | 13¢ | 46202 | ||||
| 1.74 | 1.86 | 14¢ | 46203 | ||||
| 1.87 | 2.00 | 15¢ | 46204 | ||||
| If the price exceeds two dollars, the tax is fifteen cents on | 46205 |
| each two dollars. If the price exceeds two dollars or a multiple | 46206 |
| thereof by not more than fifteen cents, the amount of tax is | 46207 |
| fifteen cents for each two dollars plus one cent. If the price | 46208 |
| exceeds two dollars or a multiple thereof by more than fifteen | 46209 |
| cents, the amount of tax is fifteen cents for each two dollars | 46210 |
| plus the amount of tax for prices sixteen cents through one dollar | 46211 |
| and ninety-nine cents in accordance with the schedule above. | 46212 |
| (7) When the combined rate of state and local tax is seven | 46213 |
| and three-fourths per cent: | 46214 |
| If the price | The amount of | 46215 | |||||
| is at least | But not more than | the tax is | 46216 | ||||
| $ .01 | $ .15 | No tax | 46217 | ||||
| .16 | .25 | 2¢ | 46218 | ||||
| .26 | .38 | 3¢ | 46219 | ||||
| .39 | .51 | 4¢ | 46220 | ||||
| .52 | .64 | 5¢ | 46221 | ||||
| .65 | .77 | 6¢ | 46222 | ||||
| .78 | .90 | 7¢ | 46223 | ||||
| .91 | 1.03 | 8¢ | 46224 | ||||
| 1.04 | 1.16 | 9¢ | 46225 | ||||
| 1.17 | 1.29 | 10¢ | 46226 | ||||
| 1.30 | 1.41 | 11¢ | 46227 | ||||
| 1.42 | 1.54 | 12¢ | 46228 | ||||
| 1.55 | 1.67 | 13¢ | 46229 | ||||
| 1.68 | 1.80 | 14¢ | 46230 | ||||
| 1.81 | 1.93 | 15¢ | 46231 | ||||
| 1.94 | 2.06 | 16¢ | 46232 | ||||
| 2.07 | 2.19 | 17¢ | 46233 | ||||
| 2.20 | 2.32 | 18¢ | 46234 | ||||
| 2.33 | 2.45 | 19¢ | 46235 | ||||
| 2.46 | 2.58 | 20¢ | 46236 | ||||
| 2.59 | 2.70 | 21¢ | 46237 | ||||
| 2.71 | 2.83 | 22¢ | 46238 | ||||
| 2.84 | 2.96 | 23¢ | 46239 | ||||
| 2.97 | 3.09 | 24¢ | 46240 | ||||
| 3.10 | 3.22 | 25¢ | 46241 | ||||
| 3.23 | 3.35 | 26¢ | 46242 | ||||
| 3.36 | 3.48 | 27¢ | 46243 | ||||
| 3.49 | 3.61 | 28¢ | 46244 | ||||
| 3.62 | 3.74 | 29¢ | 46245 | ||||
| 3.75 | 3.87 | 30¢ | 46246 | ||||
| 3.88 | 4.00 | 31¢ | 46247 | ||||
| If the price exceeds four dollars, the tax is thirty-one | 46248 |
| cents on each four dollars. If the price exceeds four dollars or a | 46249 |
| multiple thereof by not more than twelve cents, the amount of tax | 46250 |
| is thirty-one cents for each four dollars plus one cent. If the | 46251 |
| price exceeds four dollars or a multiple thereof by more than | 46252 |
| twelve cents but by not more than twenty-five cents, the amount of | 46253 |
| tax is thirty-one cents for each four dollars plus two cents. If | 46254 |
| the price exceeds four dollars or a multiple thereof by more than | 46255 |
| twenty-five cents, the amount of tax is thirty-one cents for each | 46256 |
| four dollars plus the amount of tax for prices twenty-six cents | 46257 |
| through three dollars and ninety-nine cents in accordance with the | 46258 |
| schedule above. | 46259 |
| (8) When the combined rate of state and local tax is eight | 46260 |
| per cent: | 46261 |
| If the price | The amount of | 46262 | |||||
| is at least | But not more than | the tax is | 46263 | ||||
| $ .01 | $ .15 | No tax | 46264 | ||||
| .16 | .25 | 2¢ | 46265 | ||||
| .26 | .37 | 3¢ | 46266 | ||||
| .38 | .50 | 4¢ | 46267 | ||||
| .51 | .62 | 5¢ | 46268 | ||||
| .63 | .75 | 6¢ | 46269 | ||||
| .76 | .87 | 7¢ | 46270 | ||||
| .88 | 1.00 | 8¢ | 46271 | ||||
| If the price exceeds one dollar, the tax is eight cents on | 46272 |
| each one dollar. If the price exceeds one dollar or a multiple | 46273 |
| thereof by not more than twelve cents, the amount of tax is eight | 46274 |
| cents for each one dollar plus one cent. If the price exceeds one | 46275 |
| dollar or a multiple thereof by more than twelve cents but not | 46276 |
| more than twenty-five cents, the amount of tax is eight cents for | 46277 |
| each one dollar plus two cents. If the price exceeds one dollar or | 46278 |
| a multiple thereof by more than twenty-five cents, the amount of | 46279 |
| tax is eight cents for each one dollar plus the amount of tax for | 46280 |
| prices twenty-six cents through ninety-nine cents in accordance | 46281 |
| with the schedule above. | 46282 |
| (9) When the combined rate of state and local tax is eight | 46283 |
| and one-fourth per cent: | 46284 |
| If the price | The amount of | 46285 | |||||
| is at least | But not more than | the tax is | 46286 | ||||
| $ .01 | $ .15 | No tax | 46287 | ||||
| .16 | .24 | 2¢ | 46288 | ||||
| .25 | .36 | 3¢ | 46289 | ||||
| .37 | .48 | 4¢ | 46290 | ||||
| .49 | .60 | 5¢ | 46291 | ||||
| .61 | .72 | 6¢ | 46292 | ||||
| .73 | .84 | 7¢ | 46293 | ||||
| .85 | .96 | 8¢ | 46294 | ||||
| .97 | 1.09 | 9¢ | 46295 | ||||
| 1.10 | 1.21 | 10¢ | 46296 | ||||
| 1.22 | 1.33 | 11¢ | 46297 | ||||
| 1.34 | 1.45 | 12¢ | 46298 | ||||
| 1.46 | 1.57 | 13¢ | 46299 | ||||
| 1.58 | 1.69 | 14¢ | 46300 | ||||
| 1.70 | 1.81 | 15¢ | 46301 | ||||
| 1.82 | 1.93 | 16¢ | 46302 | ||||
| 1.94 | 2.06 | 17¢ | 46303 | ||||
| 2.07 | 2.18 | 18¢ | 46304 | ||||
| 2.19 | 2.30 | 19¢ | 46305 | ||||
| 2.31 | 2.42 | 20¢ | 46306 | ||||
| 2.43 | 2.54 | 21¢ | 46307 | ||||
| 2.55 | 2.66 | 22¢ | 46308 | ||||
| 2.67 | 2.78 | 23¢ | 46309 | ||||
| 2.79 | 2.90 | 24¢ | 46310 | ||||
| 2.91 | 3.03 | 25¢ | 46311 | ||||
| 3.04 | 3.15 | 26¢ | 46312 | ||||
| 3.16 | 3.27 | 27¢ | 46313 | ||||
| 3.28 | 3.39 | 28¢ | 46314 | ||||
| 3.40 | 3.51 | 29¢ | 46315 | ||||
| 3.52 | 3.63 | 30¢ | 46316 | ||||
| 3.64 | 3.75 | 31¢ | 46317 | ||||
| 3.76 | 3.87 | 32¢ | 46318 | ||||
| 3.88 | 4.00 | 33¢ | 46319 | ||||
| If the price exceeds four dollars, the tax is thirty-three | 46320 |
| cents on each four dollars. If the price exceeds four dollars or a | 46321 |
| multiple thereof by not more than eleven cents, the amount of tax | 46322 |
| is thirty-three cents for each four dollars plus one cent. If the | 46323 |
| price exceeds four dollars or a multiple thereof by more than | 46324 |
| eleven cents but by not more than twenty-four cents, the amount of | 46325 |
| tax is thirty-three cents for each four dollars plus two cents. If | 46326 |
| the price exceeds four dollars or a multiple thereof by more than | 46327 |
| twenty-four cents, the amount of tax is thirty-three cents for | 46328 |
| each four dollars plus the amount of tax for prices twenty-six | 46329 |
| cents through three dollars and ninety-nine cents in accordance | 46330 |
| with the schedule above. | 46331 |
| (10) When the combined rate of state and local tax is eight | 46332 |
| and one-half per cent: | 46333 |
| If the price | The amount of | 46334 | |||||
| is at least | But not more than | the tax is | 46335 | ||||
| $ .01 | $ .15 | No tax | 46336 | ||||
| .16 | .23 | 2¢ | 46337 | ||||
| .24 | .35 | 3¢ | 46338 | ||||
| .36 | .47 | 4¢ | 46339 | ||||
| .48 | .58 | 5¢ | 46340 | ||||
| .59 | .70 | 6¢ | 46341 | ||||
| .71 | .82 | 7¢ | 46342 | ||||
| .83 | .94 | 8¢ | 46343 | ||||
| .95 | 1.05 | 9¢ | 46344 | ||||
| 1.06 | 1.17 | 10¢ | 46345 | ||||
| 1.18 | 1.29 | 11¢ | 46346 | ||||
| 1.30 | 1.41 | 12¢ | 46347 | ||||
| 1.42 | 1.52 | 13¢ | 46348 | ||||
| 1.53 | 1.64 | 14¢ | 46349 | ||||
| 1.65 | 1.76 | 15¢ | 46350 | ||||
| 1.77 | 1.88 | 16¢ | 46351 | ||||
| 1.89 | 2.00 | 17¢ | 46352 | ||||
| If the price exceeds two dollars, the tax is seventeen cents | 46353 |
| on each two dollars. If the price exceeds two dollars or a | 46354 |
| multiple thereof by not more than eleven cents, the amount of tax | 46355 |
| is seventeen cents for each two dollars plus one cent. If the | 46356 |
| price exceeds two dollars or a multiple thereof by more than | 46357 |
| eleven cents but by not more than twenty-three cents, the amount | 46358 |
| of tax is seventeen cents for each two dollars plus two cents. If | 46359 |
| the price exceeds two dollars or a multiple thereof by more than | 46360 |
| twenty-three cents, the amount of tax is seventeen cents for each | 46361 |
| two dollars plus the amount of tax for prices twenty-four cents | 46362 |
| through one dollar and ninety-nine cents in accordance with the | 46363 |
| schedule above. | 46364 |
| (11) When the combined rate of state and local tax is eight | 46365 |
| and three-fourths per cent: | 46366 |
| If the price | The amount of | 46367 | |||||
| is at least | But not more than | the tax is | 46368 | ||||
| $ .01 | $ .15 | No tax | 46369 | ||||
| .16 | .22 | 2¢ | 46370 | ||||
| .23 | .34 | 3¢ | 46371 | ||||
| .35 | .45 | 4¢ | 46372 | ||||
| .46 | .57 | 5¢ | 46373 | ||||
| .58 | .68 | 6¢ | 46374 | ||||
| .69 | .80 | 7¢ | 46375 | ||||
| .81 | .91 | 8¢ | 46376 | ||||
| .92 | 1.02 | 9¢ | 46377 | ||||
| 1.03 | 1.14 | 10¢ | 46378 | ||||
| 1.15 | 1.25 | 11¢ | 46379 | ||||
| 1.26 | 1.37 | 12¢ | 46380 | ||||
| 1.38 | 1.48 | 13¢ | 46381 | ||||
| 1.49 | 1.60 | 14¢ | 46382 | ||||
| 1.61 | 1.71 | 15¢ | 46383 | ||||
| 1.72 | 1.82 | 16¢ | 46384 | ||||
| 1.83 | 1.94 | 17¢ | 46385 | ||||
| 1.95 | 2.05 | 18¢ | 46386 | ||||
| 2.06 | 2.17 | 19¢ | 46387 | ||||
| 2.18 | 2.28 | 20¢ | 46388 | ||||
| 2.29 | 2.40 | 21¢ | 46389 | ||||
| 2.41 | 2.51 | 22¢ | 46390 | ||||
| 2.52 | 2.62 | 23¢ | 46391 | ||||
| 2.63 | 2.74 | 24¢ | 46392 | ||||
| 2.75 | 2.85 | 25¢ | 46393 | ||||
| 2.86 | 2.97 | 26¢ | 46394 | ||||
| 2.98 | 3.08 | 27¢ | 46395 | ||||
| 3.09 | 3.20 | 28¢ | 46396 | ||||
| 3.21 | 3.31 | 29¢ | 46397 | ||||
| 3.32 | 3.42 | 30¢ | 46398 | ||||
| 3.43 | 3.54 | 31¢ | 46399 | ||||
| 3.55 | 3.65 | 32¢ | 46400 | ||||
| 3.66 | 3.77 | 33¢ | 46401 | ||||
| 3.78 | 3.88 | 34¢ | 46402 | ||||
| 3.89 | 4.00 | 35¢ | 46403 | ||||
| If the price exceeds four dollars, the tax is thirty-five | 46404 |
| cents on each four dollars. If the price exceeds four dollars or a | 46405 |
| multiple thereof by not more than eleven cents, the amount of tax | 46406 |
| is thirty-five cents for each four dollars plus one cent. If the | 46407 |
| price exceeds four dollars or a multiple thereof by more than | 46408 |
| eleven cents but by not more than twenty-two cents, the amount of | 46409 |
| tax is thirty-five cents for each four dollars plus two cents. If | 46410 |
| the price exceeds four dollars or a multiple thereof by more than | 46411 |
| twenty-two cents, the amount of tax is thirty-five cents for each | 46412 |
| four dollars plus the amount of tax for prices twenty-three cents | 46413 |
| through three dollars and ninety-nine cents in accordance with the | 46414 |
| schedule above. | 46415 |
| (12) When the combined rate of state and local tax is nine | 46416 |
| per cent: | 46417 |
| If the price | The amount of | 46418 | |||||
| is at least | But not more than | the tax is | 46419 | ||||
| $ .01 | $ .15 | No tax | 46420 | ||||
| .16 | .22 | 2¢ | 46421 | ||||
| .23 | .33 | 3¢ | 46422 | ||||
| .34 | .44 | 4¢ | 46423 | ||||
| .45 | .55 | 5¢ | 46424 | ||||
| .56 | .66 | 6¢ | 46425 | ||||
| .67 | .77 | 7¢ | 46426 | ||||
| .78 | .88 | 8¢ | 46427 | ||||
| .89 | 1.00 | 9¢ | 46428 | ||||
| If the price exceeds one dollar, the tax is nine cents on | 46429 |
| each one dollar. If the price exceeds one dollar or a multiple | 46430 |
| thereof by not more than eleven cents, the amount of tax is nine | 46431 |
| cents for each one dollar plus one cent. If the price exceeds one | 46432 |
| dollar or a multiple thereof by more than eleven cents but by not | 46433 |
| more than twenty-two cents, the amount of tax is nine cents for | 46434 |
| each one dollar plus two cents. If the price exceeds one dollar or | 46435 |
| a multiple thereof by more than twenty-two cents, the amount of | 46436 |
| tax is nine cents for each one dollar plus the amount of tax for | 46437 |
| prices twenty-three cents through ninety-nine cents in accordance | 46438 |
| with the schedule above. | 46439 |
| (C) On and after July 1, 2005, and on and before December 31, | 46440 |
| 2005, the combined taxes levied by sections 5739.02 and 5741.02 | 46441 |
| and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, | 46442 |
| 5741.022, and 5741.023 of the Revised Code shall be collected in | 46443 |
| accordance with the following schedules: | 46444 |
| (1) When the total rate of local tax is one-fourth per cent: | 46445 |
| 46446 | ||||||||
| 46447 |
| 46448 | ||||||||
| 46449 | ||||||||
| 46450 | ||||||||
| 46451 | ||||||||
| 46452 | ||||||||
| 46453 | ||||||||
| 46454 | ||||||||
| 46455 | ||||||||
| 46456 | ||||||||
| 46457 | ||||||||
| 46458 | ||||||||
| 46459 | ||||||||
| 46460 | ||||||||
| 46461 | ||||||||
| 46462 | ||||||||
| 46463 | ||||||||
| 46464 | ||||||||
| 46465 | ||||||||
| 46466 | ||||||||
| 46467 | ||||||||
| 46468 | ||||||||
| 46469 |
| | 46470 |
| 46471 | |
| 46472 | |
| 46473 | |
| 46474 | |
| 46475 | |
| 46476 | |
| 46477 | |
| 46478 |
| | 46479 |
| 46480 | ||||||||
| 46481 |
| 46482 | ||||||||
| 46483 | ||||||||
| 46484 | ||||||||
| 46485 | ||||||||
| 46486 | ||||||||
| 46487 | ||||||||
| 46488 | ||||||||
| 46489 | ||||||||
| 46490 | ||||||||
| 46491 | ||||||||
| 46492 | ||||||||
| 46493 |
| | 46494 |
| 46495 | |
| 46496 | |
| 46497 | |
| 46498 | |
| 46499 | |
| 46500 | |
| 46501 |
| | 46502 |
| 46503 |
| If the price | But not | The amount | 46504 | |||||
| is at least | more than | of the tax is | 46505 |
| $ .01 | $ .15 | No tax | 46506 | |||||
| .16 | .17 | 1¢ | 46507 | |||||
| .18 | .34 | 2¢ | 46508 | |||||
| .35 | .52 | 3¢ | 46509 | |||||
| .53 | .69 | 4¢ | 46510 | |||||
| .70 | .86 | 5¢ | 46511 | |||||
| .87 | 1.04 | 6¢ | 46512 | |||||
| 1.05 | 1.21 | 7¢ | 46513 | |||||
| 1.22 | 1.39 | 8¢ | 46514 | |||||
| 1.40 | 1.56 | 9¢ | 46515 | |||||
| 1.57 | 1.73 | 10¢ | 46516 | |||||
| 1.74 | 1.91 | 11¢ | 46517 | |||||
| 1.92 | 2.08 | 12¢ | 46518 | |||||
| 2.09 | 2.26 | 13¢ | 46519 | |||||
| 2.27 | 2.43 | 14¢ | 46520 | |||||
| 2.44 | 2.60 | 15¢ | 46521 | |||||
| 2.61 | 2.78 | 16¢ | 46522 | |||||
| 2.79 | 2.95 | 17¢ | 46523 | |||||
| 2.96 | 3.13 | 18¢ | 46524 | |||||
| 3.14 | 3.30 | 19¢ | 46525 | |||||
| 3.31 | 3.47 | 20¢ | 46526 | |||||
| 3.48 | 3.65 | 21¢ | 46527 | |||||
| 3.66 | 3.82 | 22¢ | 46528 | |||||
| 3.83 | 4.00 | 23¢ | 46529 |
| If the price exceeds four dollars, the tax is twenty-three | 46530 |
| cents on each four dollars. If the price exceeds four dollars or a | 46531 |
| multiple thereof by not more than seventeen cents, the amount of | 46532 |
| tax is twenty-three cents for each four dollars plus one cent. If | 46533 |
| the price exceeds four dollars or a multiple thereof by more than | 46534 |
| seventeen cents, the amount of tax is twenty-three cents for each | 46535 |
| four dollars plus the amount of tax for prices eighteen cents | 46536 |
| through three dollars and ninety-nine cents in accordance with the | 46537 |
| schedule above. | 46538 |
| | 46539 |
| per cent: | 46540 |
| If the price | But not | The amount | 46541 | |||||
| is at least | more than | of the tax is | 46542 |
| $ .01 | $ .15 | No tax | 46543 | |||||
| .16 | .17 | 1¢ | 46544 | |||||
| .18 | .34 | 2¢ | 46545 | |||||
| .35 | .50 | 3¢ | 46546 | |||||
| .51 | .67 | 4¢ | 46547 | |||||
| .68 | .83 | 5¢ | 46548 | |||||
| .84 | 1.00 | 6¢ | 46549 |
| If the price exceeds one dollar, the tax is six cents on each | 46550 |
| one dollar. If the price exceeds one dollar or a multiple thereof | 46551 |
| by not more than seventeen cents, the amount of tax is six cents | 46552 |
| for each one dollar plus one cent. If the price exceeds one dollar | 46553 |
| or a multiple thereof by more than seventeen cents, the amount of | 46554 |
| tax is six cents for each one dollar plus the amount of tax for | 46555 |
| prices eighteen cents through ninety-nine cents in accordance with | 46556 |
| the schedule above. | 46557 |
| | 46558 |
| 46559 |
| If the price | But not | The amount | 46560 | |||||
| is at least | more than | of the tax is | 46561 |
| $ .01 | $ .15 | No tax | 46562 | |||||
| .16 | .16 | 1¢ | 46563 | |||||
| .17 | .32 | 2¢ | 46564 | |||||
| .33 | .48 | 3¢ | 46565 | |||||
| .49 | .64 | 4¢ | 46566 | |||||
| .65 | .80 | 5¢ | 46567 | |||||
| .81 | .96 | 6¢ | 46568 | |||||
| .97 | 1.12 | 7¢ | 46569 | |||||
| 1.13 | 1.28 | 8¢ | 46570 | |||||
| 1.29 | 1.44 | 9¢ | 46571 | |||||
| 1.45 | 1.60 | 10¢ | 46572 | |||||
| 1.61 | 1.76 | 11¢ | 46573 | |||||
| 1.77 | 1.92 | 12¢ | 46574 | |||||
| 1.93 | 2.08 | 13¢ | 46575 | |||||
| 2.09 | 2.24 | 14¢ | 46576 | |||||
| 2.25 | 2.40 | 15¢ | 46577 | |||||
| 2.41 | 2.56 | 16¢ | 46578 | |||||
| 2.57 | 2.72 | 17¢ | 46579 | |||||
| 2.73 | 2.88 | 18¢ | 46580 | |||||
| 2.89 | 3.04 | 19¢ | 46581 | |||||
| 3.05 | 3.20 | 20¢ | 46582 | |||||
| 3.21 | 3.36 | 21¢ | 46583 | |||||
| 3.37 | 3.52 | 22¢ | 46584 | |||||
| 3.53 | 3.68 | 23¢ | 46585 | |||||
| 3.69 | 3.84 | 24¢ | 46586 | |||||
| 3.85 | 4.00 | 25¢ | 46587 |
| If the price exceeds four dollars, the tax is twenty-five | 46588 |
| cents on each four dollars. If the price exceeds four dollars or a | 46589 |
| multiple thereof by not more than sixteen cents, the amount of tax | 46590 |
| is twenty-five cents for each four dollars plus one cent. If the | 46591 |
| price exceeds four dollars or a multiple thereof by more than | 46592 |
| sixteen cents, the amount of tax is twenty-five cents for each | 46593 |
| four dollars plus the amount of tax for prices seventeen cents | 46594 |
| through three dollars and ninety-nine cents in accordance with the | 46595 |
| schedule above. | 46596 |
| | 46597 |
| 46598 |
| If the price | But not | The amount | 46599 | |||||
| is at least | more than | of the tax is | 46600 |
| $ .01 | $ .15 | No tax | 46601 | |||||
| .16 | .30 | 2¢ | 46602 | |||||
| .31 | .46 | 3¢ | 46603 | |||||
| .47 | .61 | 4¢ | 46604 | |||||
| .62 | .76 | 5¢ | 46605 | |||||
| .77 | .92 | 6¢ | 46606 | |||||
| .93 | 1.07 | 7¢ | 46607 | |||||
| 1.08 | 1.23 | 8¢ | 46608 | |||||
| 1.24 | 1.38 | 9¢ | 46609 | |||||
| 1.39 | 1.53 | 10¢ | 46610 | |||||
| 1.54 | 1.69 | 11¢ | 46611 | |||||
| 1.70 | 1.84 | 12¢ | 46612 | |||||
| 1.85 | 2.00 | 13¢ | 46613 |
| If the price exceeds two dollars, the tax is thirteen cents | 46614 |
| on each two dollars. If the price exceeds two dollars or a | 46615 |
| multiple thereof by not more than fifteen cents, the amount of tax | 46616 |
| is thirteen cents for each two dollars plus one cent. If the price | 46617 |
| exceeds two dollars or a multiple thereof by more than fifteen | 46618 |
| cents, the amount of tax is thirteen cents for each two dollars | 46619 |
| plus the amount of tax for prices sixteen cents through one dollar | 46620 |
| and ninety-nine cents in accordance with the schedule above. | 46621 |
| | 46622 |
| 46623 |
| If the price | But not | The amount | 46624 | |||||
| is at least | more than | of the tax is | 46625 |
| $ .01 | $ .15 | No tax | 46626 | |||||
| .16 | .29 | 2¢ | 46627 | |||||
| .30 | .44 | 3¢ | 46628 | |||||
| .45 | .59 | 4¢ | 46629 | |||||
| .60 | .74 | 5¢ | 46630 | |||||
| .75 | .88 | 6¢ | 46631 | |||||
| .89 | 1.03 | 7¢ | 46632 | |||||
| 1.04 | 1.18 | 8¢ | 46633 | |||||
| 1.19 | 1.33 | 9¢ | 46634 | |||||
| 1.34 | 1.48 | 10¢ | 46635 | |||||
| 1.49 | 1.62 | 11¢ | 46636 | |||||
| 1.63 | 1.77 | 12¢ | 46637 | |||||
| 1.78 | 1.92 | 13¢ | 46638 | |||||
| 1.93 | 2.07 | 14¢ | 46639 | |||||
| 2.08 | 2.22 | 15¢ | 46640 | |||||
| 2.23 | 2.37 | 16¢ | 46641 | |||||
| 2.38 | 2.51 | 17¢ | 46642 | |||||
| 2.52 | 2.66 | 18¢ | 46643 | |||||
| 2.67 | 2.81 | 19¢ | 46644 | |||||
| 2.82 | 2.96 | 20¢ | 46645 | |||||
| 2.97 | 3.11 | 21¢ | 46646 | |||||
| 3.12 | 3.25 | 22¢ | 46647 | |||||
| 3.26 | 3.40 | 23¢ | 46648 | |||||
| 3.41 | 3.55 | 24¢ | 46649 | |||||
| 3.56 | 3.70 | 25¢ | 46650 | |||||
| 3.71 | 3.85 | 26¢ | 46651 | |||||
| 3.86 | 4.00 | 27¢ | 46652 |
| If the price exceeds four dollars, the tax is twenty-seven | 46653 |
| cents on each four dollars. If the price exceeds four dollars or a | 46654 |
| multiple thereof by not more than fourteen cents, the amount of | 46655 |
| tax is twenty-seven cents for each four dollars plus one cent. If | 46656 |
| the price exceeds four dollars or a multiple thereof by more than | 46657 |
| fourteen but by not more than twenty-nine cents, the amount of tax | 46658 |
| is twenty-seven cents for each four dollars plus two cents. If the | 46659 |
| price exceeds four dollars or a multiple thereof by more than | 46660 |
| twenty-nine cents the amount of tax is twenty-seven cents for each | 46661 |
| four dollars plus the amount of tax for prices thirty cents | 46662 |
| through three dollars and ninety-nine cents in accordance with the | 46663 |
| schedule above. | 46664 |
| | 46665 |
| one-half per cent: | 46666 |
| If the price | But not | The amount | 46667 | |||||
| is at least | more than | of the tax is | 46668 |
| $ .01 | $ .15 | No tax | 46669 | |||||
| .16 | .28 | 2¢ | 46670 | |||||
| .29 | .42 | 3¢ | 46671 | |||||
| .43 | .57 | 4¢ | 46672 | |||||
| .58 | .71 | 5¢ | 46673 | |||||
| .72 | .85 | 6¢ | 46674 | |||||
| .86 | 1.00 | 7¢ | 46675 |
| If the price exceeds one dollar, the tax is seven cents on | 46676 |
| each one dollar. If the price exceeds one dollar or a multiple | 46677 |
| thereof by not more than fifteen cents, the amount of tax is seven | 46678 |
| cents for each one dollar plus one cent. If the price exceeds one | 46679 |
| dollar or a multiple thereof by more than fifteen cents, the | 46680 |
| amount of tax is seven cents for each one dollar plus the amount | 46681 |
| of tax for prices sixteen cents through ninety-nine cents in | 46682 |
| accordance with the schedule above. | 46683 |
| | 46684 |
| 46685 |
| If the price | But not | The amount | 46686 | |||||
| is at least | more than | of the tax is | 46687 |
| $ .01 | $ .15 | No tax | 46688 | |||||
| .16 | .27 | 2¢ | 46689 | |||||
| .28 | .41 | 3¢ | 46690 | |||||
| .42 | .55 | 4¢ | 46691 | |||||
| .56 | .68 | 5¢ | 46692 | |||||
| .69 | .82 | 6¢ | 46693 | |||||
| .83 | .96 | 7¢ | 46694 | |||||
| .97 | 1.10 | 8¢ | 46695 | |||||
| 1.11 | 1.24 | 9¢ | 46696 | |||||
| 1.25 | 1.37 | 10¢ | 46697 | |||||
| 1.38 | 1.51 | 11¢ | 46698 | |||||
| 1.52 | 1.65 | 12¢ | 46699 | |||||
| 1.66 | 1.79 | 13¢ | 46700 | |||||
| 1.80 | 1.93 | 14¢ | 46701 | |||||
| 1.94 | 2.06 | 15¢ | 46702 | |||||
| 2.07 | 2.20 | 16¢ | 46703 | |||||
| 2.21 | 2.34 | 17¢ | 46704 | |||||
| 2.35 | 2.48 | 18¢ | 46705 | |||||
| 2.49 | 2.62 | 19¢ | 46706 | |||||
| 2.63 | 2.75 | 20¢ | 46707 | |||||
| 2.76 | 2.89 | 21¢ | 46708 | |||||
| 2.90 | 3.03 | 22¢ | 46709 | |||||
| 3.04 | 3.17 | 23¢ | 46710 | |||||
| 3.18 | 3.31 | 24¢ | 46711 | |||||
| 3.32 | 3.44 | 25¢ | 46712 | |||||
| 3.45 | 3.58 | 26¢ | 46713 | |||||
| 3.59 | 3.72 | 27¢ | 46714 | |||||
| 3.73 | 3.86 | 28¢ | 46715 | |||||
| 3.87 | 4.00 | 29¢ | 46716 |
| If the price exceeds four dollars, the tax is twenty-nine | 46717 |
| cents on each four dollars. If the price exceeds four dollars or a | 46718 |
| multiple thereof by not more than thirteen cents, the amount of | 46719 |
| tax is twenty-nine cents for each four dollars plus one cent. If | 46720 |
| the price exceeds four dollars or a multiple thereof by more than | 46721 |
| thirteen cents but by not more than twenty-seven cents, the amount | 46722 |
| of tax is twenty-nine cents for each four dollars plus two cents. | 46723 |
| If the price exceeds four dollars or a multiple thereof by more | 46724 |
| than twenty-seven cents, the amount of tax is twenty-nine cents | 46725 |
| for each four dollars plus the amount of tax for prices | 46726 |
| twenty-eight cents through three dollars and ninety-nine cents in | 46727 |
| accordance with the schedule above. | 46728 |
| | 46729 |
| 46730 |
| If the price | But not | The amount | 46731 | |||||
| is at least | more than | of the tax is | 46732 |
| $ .01 | $ .15 | No tax | 46733 | |||||
| .16 | .26 | 2¢ | 46734 | |||||
| .27 | .40 | 3¢ | 46735 | |||||
| .41 | .53 | 4¢ | 46736 | |||||
| .54 | .65 | 5¢ | 46737 | |||||
| .66 | .80 | 6¢ | 46738 | |||||
| .81 | .93 | 7¢ | 46739 | |||||
| .94 | 1.06 | 8¢ | 46740 | |||||
| 1.07 | 1.20 | 9¢ | 46741 | |||||
| 1.21 | 1.33 | 10¢ | 46742 | |||||
| 1.34 | 1.46 | 11¢ | 46743 | |||||
| 1.47 | 1.60 | 12¢ | 46744 | |||||
| 1.61 | 1.73 | 13¢ | 46745 | |||||
| 1.74 | 1.86 | 14¢ | 46746 | |||||
| 1.87 | 2.00 | 15¢ | 46747 |
| If the price exceeds two dollars, the tax is fifteen cents on | 46748 |
| each two dollars. If the price exceeds two dollars or a multiple | 46749 |
| thereof by not more than fifteen cents, the amount of tax is | 46750 |
| fifteen cents for each two dollars plus one cent. If the price | 46751 |
| exceeds two dollars or a multiple thereof by more than fifteen | 46752 |
| cents, the amount of tax is fifteen cents for each two dollars | 46753 |
| plus the amount of tax for prices sixteen cents through one dollar | 46754 |
| and ninety-nine cents in accordance with the schedule above. | 46755 |
| | 46756 |
| 46757 |
| If the price | But not | The amount | 46758 | |||||
| is at least | more than | of the tax is | 46759 |
| $ .01 | $ .15 | No tax | 46760 | |||||
| .16 | .25 | 2¢ | 46761 | |||||
| .26 | .38 | 3¢ | 46762 | |||||
| .39 | .51 | 4¢ | 46763 | |||||
| .52 | .64 | 5¢ | 46764 | |||||
| .65 | .77 | 6¢ | 46765 | |||||
| .78 | .90 | 7¢ | 46766 | |||||
| .91 | 1.03 | 8¢ | 46767 | |||||
| 1.04 | 1.16 | 9¢ | 46768 | |||||
| 1.17 | 1.29 | 10¢ | 46769 | |||||
| 1.30 | 1.41 | 11¢ | 46770 | |||||
| 1.42 | 1.54 | 12¢ | 46771 | |||||
| 1.55 | 1.67 | 13¢ | 46772 | |||||
| 1.68 | 1.80 | 14¢ | 46773 | |||||
| 1.81 | 1.93 | 15¢ | 46774 | |||||
| 1.94 | 2.06 | 16¢ | 46775 | |||||
| 2.07 | 2.19 | 17¢ | 46776 | |||||
| 2.20 | 2.32 | 18¢ | 46777 | |||||
| 2.33 | 2.45 | 19¢ | 46778 | |||||
| 2.46 | 2.58 | 20¢ | 46779 | |||||
| 2.59 | 2.70 | 21¢ | 46780 | |||||
| 2.71 | 2.83 | 22¢ | 46781 | |||||
| 2.84 | 2.96 | 23¢ | 46782 | |||||
| 2.97 | 3.09 | 24¢ | 46783 | |||||
| 3.10 | 3.22 | 25¢ | 46784 | |||||
| 3.23 | 3.35 | 26¢ | 46785 | |||||
| 3.36 | 3.48 | 27¢ | 46786 | |||||
| 3.49 | 3.61 | 28¢ | 46787 | |||||
| 3.62 | 3.74 | 29¢ | 46788 | |||||
| 3.75 | 3.87 | 30¢ | 46789 | |||||
| 3.88 | 4.00 | 31¢ | 46790 |
| If the price exceeds four dollars, the tax is thirty-one | 46791 |
| cents on each four dollars. If the price exceeds four dollars or a | 46792 |
| multiple thereof by not more than twelve cents, the amount of tax | 46793 |
| is thirty-one cents for each four dollars plus one cent. If the | 46794 |
| price exceeds four dollars or a multiple thereof by more than | 46795 |
| twelve cents but not more than twenty-five cents, the amount of | 46796 |
| tax is thirty-one cents for each four dollars plus two cents. If | 46797 |
| the price exceeds four dollars or a multiple thereof by more than | 46798 |
| twenty-five cents, the amount of tax is thirty-one cents for each | 46799 |
| four dollars plus the amount of tax for prices twenty-six cents | 46800 |
| through three dollars and ninety-nine cents in accordance with the | 46801 |
| schedule above. | 46802 |
| | 46803 |
| one-half per cent: | 46804 |
| If the price | But not | The amount | 46805 | |||||
| is at least | more than | of the tax is | 46806 |
| $ .01 | $ .15 | No tax | 46807 | |||||
| .16 | .25 | 2¢ | 46808 | |||||
| .26 | .37 | 3¢ | 46809 | |||||
| .38 | .50 | 4¢ | 46810 | |||||
| .51 | .62 | 5¢ | 46811 | |||||
| .63 | .75 | 6¢ | 46812 | |||||
| .76 | .87 | 7¢ | 46813 | |||||
| .88 | 1.00 | 8¢ | 46814 |
| If the price exceeds one dollar, the tax is eight cents on | 46815 |
| each one dollar. If the price exceeds one dollar or a multiple | 46816 |
| thereof by not more than twelve cents, the amount of tax is eight | 46817 |
| cents for each one dollar plus one cent. If the price exceeds one | 46818 |
| dollar or a multiple thereof by more than twelve cents but not | 46819 |
| more than twenty-five cents, the amount of tax is eight cents for | 46820 |
| each one dollar plus two cents. If the price exceeds one dollar or | 46821 |
| a multiple thereof by more than twenty-five cents, the amount of | 46822 |
| tax is eight cents for each one dollar plus the amount of tax for | 46823 |
| prices twenty-six cents through ninety-nine cents in accordance | 46824 |
| with the schedule above. | 46825 |
| (11) When the combined rate of local tax is two and | 46826 |
| three-fourths per cent: | 46827 |
| If the price | But not | The amount | 46828 | |||||
| is at least | more than | of the tax is | 46829 |
| $ .01 | $ .15 | No tax | 46830 | |||||
| .16 | .24 | 2¢ | 46831 | |||||
| .25 | .36 | 3¢ | 46832 | |||||
| .37 | .48 | 4¢ | 46833 | |||||
| .49 | .60 | 5¢ | 46834 | |||||
| .61 | .72 | 6¢ | 46835 | |||||
| .73 | .84 | 7¢ | 46836 | |||||
| .85 | .96 | 8¢ | 46837 | |||||
| .97 | 1.09 | 9¢ | 46838 | |||||
| 1.10 | 1.21 | 10¢ | 46839 | |||||
| 1.22 | 1.33 | 11¢ | 46840 | |||||
| 1.34 | 1.45 | 12¢ | 46841 | |||||
| 1.46 | 1.57 | 13¢ | 46842 | |||||
| 1.58 | 1.69 | 14¢ | 46843 | |||||
| 1.70 | 1.81 | 15¢ | 46844 | |||||
| 1.82 | 1.93 | 16¢ | 46845 | |||||
| 1.94 | 2.06 | 17¢ | 46846 | |||||
| 2.07 | 2.18 | 18¢ | 46847 | |||||
| 2.19 | 2.30 | 19¢ | 46848 | |||||
| 2.31 | 2.42 | 20¢ | 46849 | |||||
| 2.43 | 2.54 | 21¢ | 46850 | |||||
| 2.55 | 2.66 | 22¢ | 46851 | |||||
| 2.67 | 2.78 | 23¢ | 46852 | |||||
| 2.79 | 2.90 | 24¢ | 46853 | |||||
| 2.91 | 3.03 | 25¢ | 46854 | |||||
| 3.04 | 3.15 | 26¢ | 46855 | |||||
| 3.16 | 3.27 | 27¢ | 46856 | |||||
| 3.28 | 3.39 | 28¢ | 46857 | |||||
| 3.40 | 3.51 | 29¢ | 46858 | |||||
| 3.52 | 3.63 | 30¢ | 46859 | |||||
| 3.64 | 3.75 | 31¢ | 46860 | |||||
| 3.76 | 3.87 | 32¢ | 46861 | |||||
| 3.88 | 4.00 | 33¢ | 46862 |
| If the price exceeds four dollars, the tax is thirty-three | 46863 |
| cents on each four dollars. If the price exceeds four dollars or a | 46864 |
| multiple thereof by not more than eleven cents, the amount of tax | 46865 |
| is thirty-three cents for each four dollars plus one cent. If the | 46866 |
| price exceeds four dollars or a multiple thereof by more than | 46867 |
| eleven cents but not more than twenty-four cents, the amount of | 46868 |
| tax is thirty-three cents for each four dollars plus two cents. If | 46869 |
| the price exceeds four dollars or a multiple thereof by more than | 46870 |
| twenty-four cents, the amount of tax is thirty-three cents for | 46871 |
| each four dollars plus the amount of tax for prices twenty-six | 46872 |
| cents through three dollars and ninety-nine cents in accordance | 46873 |
| with the schedule above. | 46874 |
| (12) When the combined rate of local tax is three per cent: | 46875 |
| If the price | But not | The amount | 46876 | |||||
| is at least | more than | of the tax is | 46877 |
| $ .01 | $ .15 | No tax | 46878 | |||||
| .16 | .23 | 2¢ | 46879 | |||||
| .24 | .35 | 3¢ | 46880 | |||||
| .36 | .47 | 4¢ | 46881 | |||||
| .48 | .58 | 5¢ | 46882 | |||||
| .59 | .70 | 6¢ | 46883 | |||||
| .71 | .82 | 7¢ | 46884 | |||||
| .83 | .94 | 8¢ | 46885 | |||||
| .95 | 1.05 | 9¢ | 46886 | |||||
| 1.06 | 1.17 | 10¢ | 46887 | |||||
| 1.18 | 1.29 | 11¢ | 46888 | |||||
| 1.30 | 1.41 | 12¢ | 46889 | |||||
| 1.42 | 1.52 | 13¢ | 46890 | |||||
| 1.53 | 1.64 | 14¢ | 46891 | |||||
| 1.65 | 1.76 | 15¢ | 46892 | |||||
| 1.77 | 1.88 | 16¢ | 46893 | |||||
| 1.89 | 2.00 | 17¢ | 46894 |
| If the price exceeds two dollars, the tax is seventeen cents | 46895 |
| on each two dollars. If the price exceeds two dollars or a | 46896 |
| multiple thereof by not more than eleven cents, the amount of tax | 46897 |
| is seventeen cents for each two dollars plus one cent. If the | 46898 |
| price exceeds two dollars or a multiple thereof by more than | 46899 |
| eleven cents but not more than twenty-three cents, the amount of | 46900 |
| tax is seventeen cents for each two dollars plus two cents. If the | 46901 |
| price exceeds two dollars or a multiple thereof by more than | 46902 |
| twenty-three cents, the amount of tax is seventeen cents for each | 46903 |
| two dollars plus the amount of tax for prices twenty-four cents | 46904 |
| through one dollar and ninety-nine cents in accordance with the | 46905 |
| schedule above. | 46906 |
| (D) In lieu of collecting the tax pursuant to the schedules | 46907 |
| set forth in divisions (A), (B), and (C) of this section, a vendor | 46908 |
| may compute the tax on each sale as follows: | 46909 |
| (1) On sales of fifteen cents or less, no tax shall apply. | 46910 |
| (2) On sales in excess of fifteen cents, multiply the price | 46911 |
| by the aggregate rate of taxes in effect under sections 5739.02 | 46912 |
| and 5741.02 and sections 5739.021, 5739.023, 5739.026, 5741.021, | 46913 |
| 5741.022, and 5741.023 of the Revised Code. The computation shall | 46914 |
| be carried out to six decimal places. If the result is a | 46915 |
| fractional amount of a cent, the calculated tax shall be increased | 46916 |
| to the next highest cent and that amount shall be collected by the | 46917 |
| vendor. | 46918 |
| (E) On and after January 1, 2006, a vendor shall compute the | 46919 |
| tax on each sale by multiplying the price by the aggregate rate of | 46920 |
| taxes in effect under sections 5739.02 and 5741.02, and sections | 46921 |
| 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of | 46922 |
| the Revised Code. The computation shall be carried out to three | 46923 |
| decimal places. If the result is a fractional amount of a cent, | 46924 |
| the calculated tax shall be rounded to a whole cent using a method | 46925 |
| that rounds up to the next cent whenever the third decimal place | 46926 |
| is greater than four. A vendor may elect to compute the tax due on | 46927 |
| a transaction on an item or an invoice basis. | 46928 |
| (F) In auditing a vendor, the tax commissioner shall consider | 46929 |
| the method prescribed by this section that was used by the vendor | 46930 |
| in determining and collecting the tax due under this chapter on | 46931 |
| taxable transactions. If the vendor correctly collects and remits | 46932 |
| the tax due under this chapter in accordance with the schedules in | 46933 |
| divisions (A), (B), and (C) of this section or in accordance with | 46934 |
| the computation prescribed in division (D) or (E) of this section, | 46935 |
| the commissioner shall not assess any additional tax on those | 46936 |
| transactions. | 46937 |
| (G)(1) With respect to a sale of a fractional ownership | 46938 |
| program aircraft used primarily in a fractional aircraft ownership | 46939 |
| program, including all accessories attached to such aircraft, the | 46940 |
| tax shall be calculated pursuant to divisions (A) to (E) of this | 46941 |
| section, provided that the tax commissioner shall modify those | 46942 |
| calculations so that the maximum tax on each program aircraft is | 46943 |
| eight hundred dollars. In the case of a sale of a fractional | 46944 |
| interest that is less than one hundred per cent of the program | 46945 |
| aircraft, the tax charged on the transaction shall be eight | 46946 |
| hundred dollars multiplied by a fraction, the numerator of which | 46947 |
| is the percentage of ownership or possession in the aircraft being | 46948 |
| purchased in the transaction, and the denominator of which is one | 46949 |
| hundred per cent. | 46950 |
| (2) Notwithstanding any other provision of law to the | 46951 |
| contrary, the tax calculated under division (G)(1) of this section | 46952 |
| and paid with respect to the sale of a fractional ownership | 46953 |
| program aircraft used primarily in a fractional aircraft ownership | 46954 |
| program shall be credited to the general revenue fund. | 46955 |
| Sec. 5739.10. (A) In addition to the tax levied by section | 46956 |
| 5739.02 of the Revised Code and any tax levied pursuant to section | 46957 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code, and to secure | 46958 |
| the same objectives specified in those sections, there is hereby | 46959 |
| levied upon the privilege of engaging in the business of making | 46960 |
| retail sales, an excise tax | 46961 |
| 46962 | |
| 46963 | |
| section 5739.02 of the Revised Code, or, in the case of retail | 46964 |
| sales subject to a tax levied pursuant to section 5739.021, | 46965 |
| 5739.023, or 5739.026 of the Revised Code, a percentage equal to | 46966 |
| the aggregate rate of such taxes and the tax levied by section | 46967 |
| 5739.02 of the Revised Code of the receipts derived from all | 46968 |
| retail sales, except those to which the excise tax imposed by | 46969 |
| section 5739.02 of the Revised Code is made inapplicable by | 46970 |
| division (B) of that section. | 46971 |
| (B) For the purpose of this section, no vendor shall be | 46972 |
| required to maintain records of sales of food for human | 46973 |
| consumption off the premises where sold, and no assessment shall | 46974 |
| be made against any vendor for sales of food for human consumption | 46975 |
| off the premises where sold, solely because the vendor has no | 46976 |
| records of, or has inadequate records of, such sales; provided | 46977 |
| that where a vendor does not have adequate records of receipts | 46978 |
| from the vendor's sales of food for human consumption on the | 46979 |
| premises where sold, the tax commissioner may refuse to accept the | 46980 |
| vendor's return and, upon the basis of test checks of the vendor's | 46981 |
| business for a representative period, and other information | 46982 |
| relating to the sales made by such vendor, determine the | 46983 |
| proportion that taxable retail sales bear to all of the vendor's | 46984 |
| retail sales. The tax imposed by this section shall be determined | 46985 |
| by deducting from the sum representing five and one-half or six | 46986 |
| per cent, as applicable under division (A) of this section, or, in | 46987 |
| the case of retail sales subject to a tax levied pursuant to | 46988 |
| section 5739.021, 5739.023, or 5739.026 of the Revised Code, a | 46989 |
| percentage equal to the aggregate rate of such taxes and the tax | 46990 |
| levied by section 5739.02 of the Revised Code of the receipts from | 46991 |
| such retail sales, the amount of tax paid to the state or to a | 46992 |
| clerk of a court of common pleas. The section does not affect any | 46993 |
| duty of the vendor under sections 5739.01 to 5739.19 and 5739.26 | 46994 |
| to 5739.31 of the Revised Code, nor the liability of any consumer | 46995 |
| to pay any tax imposed by or pursuant to section 5739.02, | 46996 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code. | 46997 |
| Sec. 5741.02. (A)(1) For the use of the general revenue fund | 46998 |
| of the state, an excise tax is hereby levied on the storage, use, | 46999 |
| or other consumption in this state of tangible personal property | 47000 |
| or the benefit realized in this state of any service provided. The | 47001 |
| tax shall be collected as provided in section 5739.025 of the | 47002 |
| Revised Code, provided that on and after July 1, 2003, and on or | 47003 |
| before June 30, 2005, the rate of the tax shall be six per cent. | 47004 |
| On and after July 1, 2005, the rate of the tax shall be five and | 47005 |
| one-half per cent. | 47006 |
| (2) In the case of the lease or rental, with a fixed term of | 47007 |
| more than thirty days or an indefinite term with a minimum period | 47008 |
| of more than thirty days, of any motor vehicles designed by the | 47009 |
| manufacturer to carry a load of not more than one ton, watercraft, | 47010 |
| outboard motor, or aircraft, or of any tangible personal property, | 47011 |
| other than motor vehicles designed by the manufacturer to carry a | 47012 |
| load of more than one ton, to be used by the lessee or renter | 47013 |
| primarily for business purposes, the tax shall be collected by the | 47014 |
| seller at the time the lease or rental is consummated and shall be | 47015 |
| calculated by the seller on the basis of the total amount to be | 47016 |
| paid by the lessee or renter under the lease or rental agreement. | 47017 |
| If the total amount of the consideration for the lease or rental | 47018 |
| includes amounts that are not calculated at the time the lease or | 47019 |
| rental is executed, the tax shall be calculated and collected by | 47020 |
| the seller at the time such amounts are billed to the lessee or | 47021 |
| renter. In the case of an open-end lease or rental, the tax shall | 47022 |
| be calculated by the seller on the basis of the total amount to be | 47023 |
| paid during the initial fixed term of the lease or rental, and for | 47024 |
| each subsequent renewal period as it comes due. As used in this | 47025 |
| division, "motor vehicle" has the same meaning as in section | 47026 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 47027 |
| unit attached to the watercraft. | 47028 |
| (3) Except as provided in division (A)(2) of this section, in | 47029 |
| the case of a transaction, the price of which consists in whole or | 47030 |
| part of the lease or rental of tangible personal property, the tax | 47031 |
| shall be measured by the installments of those leases or rentals. | 47032 |
| (B) Each consumer, storing, using, or otherwise consuming in | 47033 |
| this state tangible personal property or realizing in this state | 47034 |
| the benefit of any service provided, shall be liable for the tax, | 47035 |
| and such liability shall not be extinguished until the tax has | 47036 |
| been paid to this state; provided, that the consumer shall be | 47037 |
| relieved from further liability for the tax if the tax has been | 47038 |
| paid to a seller in accordance with section 5741.04 of the Revised | 47039 |
| Code or prepaid by the seller in accordance with section 5741.06 | 47040 |
| of the Revised Code. | 47041 |
| (C) The tax does not apply to the storage, use, or | 47042 |
| consumption in this state of the following described tangible | 47043 |
| personal property or services, nor to the storage, use, or | 47044 |
| consumption or benefit in this state of tangible personal property | 47045 |
| or services purchased under the following described circumstances: | 47046 |
| (1) When the sale of property or service in this state is | 47047 |
| subject to the excise tax imposed by sections 5739.01 to 5739.31 | 47048 |
| of the Revised Code, provided said tax has been paid; | 47049 |
| (2) Except as provided in division (D) of this section, | 47050 |
| tangible personal property or services, the acquisition of which, | 47051 |
| if made in Ohio, would be a sale not subject to the tax imposed by | 47052 |
| sections 5739.01 to 5739.31 of the Revised Code; | 47053 |
| (3) Property or services, the storage, use, or other | 47054 |
| consumption of or benefit from which this state is prohibited from | 47055 |
| taxing by the Constitution of the United States, laws of the | 47056 |
| United States, or the Constitution of this state. This exemption | 47057 |
| shall not exempt from the application of the tax imposed by this | 47058 |
| section the storage, use, or consumption of tangible personal | 47059 |
| property that was purchased in interstate commerce, but that has | 47060 |
| come to rest in this state, provided that fuel to be used or | 47061 |
| transported in carrying on interstate commerce that is stopped | 47062 |
| within this state pending transfer from one conveyance to another | 47063 |
| is exempt from the excise tax imposed by this section and section | 47064 |
| 5739.02 of the Revised Code; | 47065 |
| (4) Transient use of tangible personal property in this state | 47066 |
| by a nonresident tourist or vacationer, or a non-business use | 47067 |
| within this state by a nonresident of this state, if the property | 47068 |
| so used was purchased outside this state for use outside this | 47069 |
| state and is not required to be registered or licensed under the | 47070 |
| laws of this state; | 47071 |
| (5) Tangible personal property or services rendered, upon | 47072 |
| which taxes have been paid to another jurisdiction to the extent | 47073 |
| of the amount of the tax paid to such other jurisdiction. Where | 47074 |
| the amount of the tax imposed by this section and imposed pursuant | 47075 |
| to section 5741.021, 5741.022, or 5741.023 of the Revised Code | 47076 |
| exceeds the amount paid to another jurisdiction, the difference | 47077 |
| shall be allocated between the tax imposed by this section and any | 47078 |
| tax imposed by a county or a transit authority pursuant to section | 47079 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion | 47080 |
| to the respective rates of such taxes. | 47081 |
| As used in this subdivision, "taxes paid to another | 47082 |
| jurisdiction" means the total amount of retail sales or use tax or | 47083 |
| similar tax based upon the sale, purchase, or use of tangible | 47084 |
| personal property or services rendered legally, levied by and paid | 47085 |
| to another state or political subdivision thereof, or to the | 47086 |
| District of Columbia, where the payment of such tax does not | 47087 |
| entitle the taxpayer to any refund or credit for such payment. | 47088 |
| (6) The transfer of a used manufactured home or used mobile | 47089 |
| home, as defined by section 5739.0210 of the Revised Code, made on | 47090 |
| or after January 1, 2000; | 47091 |
| (7) Drugs that are or are intended to be distributed free of | 47092 |
| charge to a practitioner licensed to prescribe, dispense, and | 47093 |
| administer drugs to a human being in the course of a professional | 47094 |
| practice and that by law may be dispensed only by or upon the | 47095 |
| order of such a practitioner. | 47096 |
| (8) Computer equipment and related software leased from a | 47097 |
| lessor located outside this state and initially received in this | 47098 |
| state on behalf of the consumer by a third party that will retain | 47099 |
| possession of such property for not more than ninety days and that | 47100 |
| will, within that ninety-day period, deliver such property to the | 47101 |
| consumer at a location outside this state. Division (C)(8) of this | 47102 |
| section does not provide exemption from taxation for any otherwise | 47103 |
| taxable charges associated with such property while it is in this | 47104 |
| state or for any subsequent storage, use, or consumption of such | 47105 |
| property in this state by or on behalf of the consumer. | 47106 |
| (D) The tax applies to the storage, use, or other consumption | 47107 |
| in this state of tangible personal property or services, the | 47108 |
| acquisition of which at the time of sale was excepted under | 47109 |
| division (E) of section 5739.01 of the Revised Code from the tax | 47110 |
| imposed by section 5739.02 of the Revised Code, but which has | 47111 |
| subsequently been temporarily or permanently stored, used, or | 47112 |
| otherwise consumed in a taxable manner. | 47113 |
| (E)(1) If any transaction is claimed to be exempt under | 47114 |
| division (E) of section 5739.01 of the Revised Code or under | 47115 |
| section 5739.02 of the Revised Code, with the exception of | 47116 |
| divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised | 47117 |
| Code, the consumer shall provide to the seller, and the seller | 47118 |
| shall obtain from the consumer, a certificate specifying the | 47119 |
| reason that the transaction is not subject to the tax. The | 47120 |
| certificate shall be provided either in a hard copy form or | 47121 |
| electronic form, as prescribed by the tax commissioner. If the | 47122 |
| transaction is claimed to be exempt under division (B)(13) of | 47123 |
| section 5739.02 of the Revised Code, the exemption certificate | 47124 |
| shall be provided by both the contractor and contractee. Such | 47125 |
| contractee shall be deemed to be the consumer of all items | 47126 |
| purchased under the claim of exemption, if it is subsequently | 47127 |
| determined that the exemption is not properly claimed. The | 47128 |
| certificate shall be in such form as the tax commissioner by rule | 47129 |
| prescribes. The seller shall maintain records, including exemption | 47130 |
| certificates, of all sales on which a consumer has claimed an | 47131 |
| exemption, and provide them to the tax commissioner on request. | 47132 |
| (2) If no certificate is provided or obtained within the | 47133 |
| period for filing the return for the period in which the | 47134 |
| transaction is consummated, it shall be presumed that the tax | 47135 |
| applies. The failure to have so provided or obtained a certificate | 47136 |
| shall not preclude a seller or consumer from establishing, within | 47137 |
| one hundred twenty days of the giving of notice by the | 47138 |
| commissioner of intention to levy an assessment, that the | 47139 |
| transaction is not subject to the tax. | 47140 |
| (F) A seller who files a petition for reassessment contesting | 47141 |
| the assessment of tax on transactions for which the seller | 47142 |
| obtained no valid exemption certificates, and for which the seller | 47143 |
| failed to establish that the transactions were not subject to the | 47144 |
| tax during the one-hundred-twenty-day period allowed under | 47145 |
| division (E) of this section, may present to the tax commissioner | 47146 |
| additional evidence to prove that the transactions were exempt. | 47147 |
| The seller shall file such evidence within ninety days of the | 47148 |
| receipt by the seller of the notice of assessment, except that, | 47149 |
| upon application and for reasonable cause, the tax commissioner | 47150 |
| may extend the period for submitting such evidence thirty days. | 47151 |
| (G) For the purpose of the proper administration of sections | 47152 |
| 5741.01 to 5741.22 of the Revised Code, and to prevent the evasion | 47153 |
| of the tax hereby levied, it shall be presumed that any use, | 47154 |
| storage, or other consumption of tangible personal property in | 47155 |
| this state is subject to the tax until the contrary is | 47156 |
| established. | 47157 |
| (H) The tax collected by the seller from the consumer under | 47158 |
| this chapter is not part of the price, but is a tax collection for | 47159 |
| the benefit of the state, and of counties levying an additional | 47160 |
| use tax pursuant to section 5741.021 or 5741.023 of the Revised | 47161 |
| Code and of transit authorities levying an additional use tax | 47162 |
| pursuant to section 5741.022 of the Revised Code. Except for the | 47163 |
| discount authorized under section 5741.12 of the Revised Code and | 47164 |
| the effects of any rounding pursuant to section 5703.055 of the | 47165 |
| Revised Code, no person other than the state or such a county or | 47166 |
| transit authority shall derive any benefit from the collection of | 47167 |
| such tax. | 47168 |
| Sec. 5743.02. To provide revenues for the general revenue | 47169 |
| fund, an excise tax on sales of cigarettes is hereby levied at the | 47170 |
|
rate of
| 47171 |
| Only one sale of the same article shall be used in computing | 47172 |
| the amount of tax due. | 47173 |
| The treasurer of state shall place to the credit of the tax | 47174 |
| refund fund created by section 5703.052 of the Revised Code, out | 47175 |
| of receipts from the tax levied by this section, amounts equal to | 47176 |
| the refunds certified by the tax commissioner pursuant to section | 47177 |
| 5743.05 of the Revised Code. The balance of taxes collected under | 47178 |
| such section, after the credits to the tax refund fund, shall be | 47179 |
| paid into the general revenue fund. | 47180 |
| Sec. 5743.32. To provide revenue for the general revenue | 47181 |
| fund of the state, an excise tax is hereby levied on the use, | 47182 |
| consumption, or storage for consumption of cigarettes by consumers | 47183 |
|
in this state at the rate of
| 47184 |
| on each cigarette. The tax shall not apply if the tax levied by | 47185 |
| section 5743.02 of the Revised Code has been paid. | 47186 |
| The money received into the state treasury from the excise | 47187 |
| tax levied by this section shall be credited to the general | 47188 |
| revenue fund. | 47189 |
| Sec. 5743.51. (A) To provide revenue for the general revenue | 47190 |
| fund of the state, an excise tax on tobacco products is hereby | 47191 |
| levied at the rate of | 47192 |
| price of the tobacco product received by a distributor or sold by | 47193 |
| a manufacturer to a retail dealer located in this state. Each | 47194 |
| distributor who brings tobacco products, or causes tobacco | 47195 |
| products to be brought, into this state for distribution within | 47196 |
| this state, or any out-of-state distributor who sells tobacco | 47197 |
| products to wholesale or retail dealers located in this state for | 47198 |
| resale by those wholesale or retail dealers is liable for the tax | 47199 |
| imposed by this section. Only one sale of the same article shall | 47200 |
| be used in computing the amount of the tax due. | 47201 |
| (B) The treasurer of state shall place to the credit of the | 47202 |
| tax refund fund created by section 5703.052 of the Revised Code, | 47203 |
| out of the receipts from the tax levied by this section, amounts | 47204 |
| equal to the refunds certified by the tax commissioner pursuant to | 47205 |
| section 5743.53 of the Revised Code. The balance of the taxes | 47206 |
| collected under this section shall be paid into the general | 47207 |
| revenue fund. | 47208 |
| (C) The commissioner may adopt rules as are necessary to | 47209 |
| assist in the enforcement and administration of sections 5743.51 | 47210 |
| to 5743.66 of the Revised Code, including rules providing for the | 47211 |
| remission of penalties imposed. | 47212 |
| (D) A manufacturer is not liable for payment of the tax | 47213 |
| imposed by this section for sales of tobacco products to a retail | 47214 |
| dealer that has filed a signed statement with the manufacturer in | 47215 |
| which the retail dealer agrees to pay and be liable for the tax, | 47216 |
| as long as the manufacturer has provided a copy of the statement | 47217 |
| to the tax commissioner. | 47218 |
| Sec. 5743.62. (A) To provide revenue for the general revenue | 47219 |
| fund of the state, an excise tax is hereby levied on the seller of | 47220 |
| tobacco products in this state at the rate of | 47221 |
| cent of the wholesale price of the tobacco product whenever the | 47222 |
| tobacco product is delivered to a consumer in this state for the | 47223 |
| storage, use, or other consumption of such tobacco products. The | 47224 |
| tax imposed by this section applies only to sellers having nexus | 47225 |
| in this state, as defined in section 5741.01 of the Revised Code. | 47226 |
| (B) A seller of tobacco products who has nexus in this state | 47227 |
| as defined in section 5741.01 of the Revised Code shall register | 47228 |
| with the tax commissioner and supply any information concerning | 47229 |
| the seller's contacts with this state as may be required by the | 47230 |
| tax commissioner. A seller who does not have nexus in this state | 47231 |
| may voluntarily register with the tax commissioner. A seller who | 47232 |
| voluntarily registers with the tax commissioner is entitled to the | 47233 |
| same benefits and is subject to the same duties and requirements | 47234 |
| as a seller required to be registered with the tax commissioner | 47235 |
| under this division. | 47236 |
| (C) Each seller of tobacco products subject to the tax levied | 47237 |
| by this section, on or before the last day of each month, shall | 47238 |
| file with the tax commissioner a return for the preceding month | 47239 |
| showing any information the tax commissioner finds necessary for | 47240 |
| the proper administration of sections 5743.51 to 5743.66 of the | 47241 |
| Revised Code, together with remittance of the tax due, payable to | 47242 |
| the treasurer of state. The return and payment of the tax required | 47243 |
| by this section shall be filed in such a manner that it is | 47244 |
| received by the tax commissioner on or before the last day of the | 47245 |
| month following the reporting period. If the return is filed and | 47246 |
| the amount of the tax shown on the return to be due is paid on or | 47247 |
| before the date the return is required to be filed, the seller is | 47248 |
| entitled to a discount equal to two and five-tenths per cent of | 47249 |
| the amount shown on the return to be due. | 47250 |
| (D) The tax commissioner shall immediately forward to the | 47251 |
| treasurer of state all money received from the tax levied by this | 47252 |
| section, and the treasurer shall credit the amount to the general | 47253 |
| revenue fund. | 47254 |
| (E) Each seller of tobacco products subject to the tax levied | 47255 |
| by this section shall mark on the invoices of tobacco products | 47256 |
| sold that the tax levied by that section has been paid and shall | 47257 |
| indicate the seller's account number as assigned by the tax | 47258 |
| commissioner. | 47259 |
| Sec. 5743.63. (A) To provide revenue for the general revenue | 47260 |
| fund of the state, an excise tax is hereby levied on the storage, | 47261 |
| use, or other consumption of tobacco products at the rate of | 47262 |
| 47263 | |
| product, provided the tax has not been paid by the seller as | 47264 |
| provided in section 5743.62 of the Revised Code, or by the | 47265 |
| distributor as provided in section 5743.51 of the Revised Code. | 47266 |
| (B) Each person subject to the tax levied by this section, on | 47267 |
| or before the last day of each month, shall file with the tax | 47268 |
| commissioner a return for the preceding month showing any | 47269 |
| information the tax commissioner finds necessary for the proper | 47270 |
| administration of sections 5743.51 to 5743.66 of the Revised Code, | 47271 |
| together with remittance of the tax due, payable to the treasurer | 47272 |
| of state. The return and payment of the tax required by this | 47273 |
| section shall be filed in such a manner that it is received by the | 47274 |
| tax commissioner on or before the last day of the month following | 47275 |
| the reporting period. | 47276 |
| (C) The tax commissioner shall immediately forward to the | 47277 |
| treasurer of state all money received from the tax levied by this | 47278 |
| section, and the treasurer shall credit the amount to the general | 47279 |
| revenue fund. | 47280 |
| Sec. 5747.01. Except as otherwise expressly provided or | 47281 |
| clearly appearing from the context, any term used in this chapter | 47282 |
| that is not otherwise defined in this section has the same meaning | 47283 |
| as when used in a comparable context in the laws of the United | 47284 |
| States relating to federal income taxes or if not used in a | 47285 |
| comparable context in those laws, has the same meaning as in | 47286 |
| section 5733.40 of the Revised Code. Any reference in this chapter | 47287 |
| to the Internal Revenue Code includes other laws of the United | 47288 |
| States relating to federal income taxes. | 47289 |
| As used in this chapter: | 47290 |
| (A) "Adjusted gross income" or "Ohio adjusted gross income" | 47291 |
| means federal adjusted gross income, as defined and used in the | 47292 |
| Internal Revenue Code, adjusted as provided in this section: | 47293 |
| (1) Add interest or dividends on obligations or securities of | 47294 |
| any state or of any political subdivision or authority of any | 47295 |
| state, other than this state and its subdivisions and authorities. | 47296 |
| (2) Add interest or dividends on obligations of any | 47297 |
| authority, commission, instrumentality, territory, or possession | 47298 |
| of the United States to the extent that the interest or dividends | 47299 |
| are exempt from federal income taxes but not from state income | 47300 |
| taxes. | 47301 |
| (3) Deduct interest or dividends on obligations of the United | 47302 |
| States and its territories and possessions or of any authority, | 47303 |
| commission, or instrumentality of the United States to the extent | 47304 |
| that the interest or dividends are included in federal adjusted | 47305 |
| gross income but exempt from state income taxes under the laws of | 47306 |
| the United States. | 47307 |
| (4) Deduct disability and survivor's benefits to the extent | 47308 |
| included in federal adjusted gross income. | 47309 |
| (5) Deduct benefits under Title II of the Social Security Act | 47310 |
| and tier 1 railroad retirement benefits to the extent included in | 47311 |
| federal adjusted gross income under section 86 of the Internal | 47312 |
| Revenue Code. | 47313 |
| (6) In the case of a taxpayer who is a beneficiary of a trust | 47314 |
| that makes an accumulation distribution as defined in section 665 | 47315 |
| of the Internal Revenue Code, add, for the beneficiary's taxable | 47316 |
| years
beginning before 2002 | 47317 |
| such distribution that does not exceed the undistributed net | 47318 |
| income of the trust for the three taxable years preceding the | 47319 |
| taxable year in which the distribution is made to the extent that | 47320 |
| the portion was not included in the trust's taxable income for any | 47321 |
| of the trust's taxable years beginning in
2002 | 47322 |
| thereafter. "Undistributed net income of a trust" means the | 47323 |
| taxable income of the trust increased by (a)(i) the additions to | 47324 |
| adjusted gross income required under division (A) of this section | 47325 |
| and (ii) the personal exemptions allowed to the trust pursuant to | 47326 |
| section 642(b) of the Internal Revenue Code, and decreased by | 47327 |
| (b)(i) the deductions to adjusted gross income required under | 47328 |
| division (A) of this section, (ii) the amount of federal income | 47329 |
| taxes attributable to such income, and (iii) the amount of taxable | 47330 |
| income that has been included in the adjusted gross income of a | 47331 |
| beneficiary by reason of a prior accumulation distribution. Any | 47332 |
| undistributed net income included in the adjusted gross income of | 47333 |
| a beneficiary shall reduce the undistributed net income of the | 47334 |
| trust commencing with the earliest years of the accumulation | 47335 |
| period. | 47336 |
| (7) Deduct the amount of wages and salaries, if any, not | 47337 |
| otherwise allowable as a deduction but that would have been | 47338 |
| allowable as a deduction in computing federal adjusted gross | 47339 |
| income for the taxable year, had the targeted jobs credit allowed | 47340 |
| and determined under sections 38, 51, and 52 of the Internal | 47341 |
| Revenue Code not been in effect. | 47342 |
| (8) Deduct any interest or interest equivalent on public | 47343 |
| obligations and purchase obligations to the extent that the | 47344 |
| interest or interest equivalent is included in federal adjusted | 47345 |
| gross income. | 47346 |
| (9) Add any loss or deduct any gain resulting from the sale, | 47347 |
| exchange, or other disposition of public obligations to the extent | 47348 |
| that the loss has been deducted or the gain has been included in | 47349 |
| computing federal adjusted gross income. | 47350 |
| (10) Deduct or add amounts, as provided under section 5747.70 | 47351 |
| of the Revised Code, related to contributions to variable college | 47352 |
| savings program
accounts made or tuition | 47353 |
| pursuant to Chapter 3334. of the Revised Code. | 47354 |
| (11)(a) Deduct, to the extent not otherwise allowable as a | 47355 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 47356 |
| income for the taxable year, the amount the taxpayer paid during | 47357 |
| the taxable year for medical care insurance and qualified | 47358 |
| long-term care insurance for the taxpayer, the taxpayer's spouse, | 47359 |
| and dependents. No deduction for medical care insurance under | 47360 |
| division (A)(11) of this section shall be allowed either to any | 47361 |
| taxpayer who is eligible to participate in any subsidized health | 47362 |
| plan maintained by any employer of the taxpayer or of the | 47363 |
| taxpayer's spouse, or to any taxpayer who is entitled to, or on | 47364 |
| application would be entitled to, benefits under part A of Title | 47365 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 47366 |
| 301, as amended. For the purposes of division (A)(11)(a) of this | 47367 |
| section, "subsidized health plan" means a health plan for which | 47368 |
| the employer pays any portion of the plan's cost. The deduction | 47369 |
| allowed under division (A)(11)(a) of this section shall be the net | 47370 |
| of any related premium refunds, related premium reimbursements, or | 47371 |
| related insurance premium dividends received during the taxable | 47372 |
| year. | 47373 |
| (b) Deduct, to the extent not otherwise deducted or excluded | 47374 |
| in computing federal or Ohio adjusted gross income during the | 47375 |
| taxable year, the amount the taxpayer paid during the taxable | 47376 |
| year, not compensated for by any insurance or otherwise, for | 47377 |
| medical care of the taxpayer, the taxpayer's spouse, and | 47378 |
| dependents, to the extent the expenses exceed seven and one-half | 47379 |
| per cent of the taxpayer's federal adjusted gross income. | 47380 |
| (c) For purposes of division (A)(11) of this section, | 47381 |
| "medical care" has the meaning given in section 213 of the | 47382 |
| Internal Revenue Code, subject to the special rules, limitations, | 47383 |
| and exclusions set forth therein, and "qualified long-term care" | 47384 |
| has the same meaning given in section 7702(B)(b) of the Internal | 47385 |
| Revenue Code. | 47386 |
| (12)(a) Deduct any amount included in federal adjusted gross | 47387 |
| income solely because the amount represents a reimbursement or | 47388 |
| refund of expenses that in any year the taxpayer had deducted as | 47389 |
| an itemized deduction pursuant to section 63 of the Internal | 47390 |
| Revenue Code and applicable United States department of the | 47391 |
| treasury regulations. The deduction otherwise allowed under | 47392 |
| division (A)(12)(a) of this section shall be reduced to the extent | 47393 |
| the reimbursement is attributable to an amount the taxpayer | 47394 |
| deducted under this section in any taxable year. | 47395 |
| (b) Add any amount not otherwise included in Ohio adjusted | 47396 |
| gross income for any taxable year to the extent that the amount is | 47397 |
| attributable to the recovery during the taxable year of any amount | 47398 |
| deducted or excluded in computing federal or Ohio adjusted gross | 47399 |
| income in any taxable year. | 47400 |
| (13) Deduct any portion of the deduction described in section | 47401 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 47402 |
| reported income received under a claim of right, that meets both | 47403 |
| of the following requirements: | 47404 |
| (a) It is allowable for repayment of an item that was | 47405 |
| included in the taxpayer's adjusted gross income for a prior | 47406 |
| taxable year and did not qualify for a credit under division (A) | 47407 |
| or (B) of section 5747.05 of the Revised Code for that year; | 47408 |
| (b) It does not otherwise reduce the taxpayer's adjusted | 47409 |
| gross income for the current or any other taxable year. | 47410 |
| (14) Deduct an amount equal to the deposits made to, and net | 47411 |
| investment earnings of, a medical savings account during the | 47412 |
| taxable year, in accordance with section 3924.66 of the Revised | 47413 |
| Code. The deduction allowed by division (A)(14) of this section | 47414 |
| does not apply to medical savings account deposits and earnings | 47415 |
| otherwise deducted or excluded for the current or any other | 47416 |
| taxable year from the taxpayer's federal adjusted gross income. | 47417 |
| (15)(a) Add an amount equal to the funds withdrawn from a | 47418 |
| medical savings account during the taxable year, and the net | 47419 |
| investment earnings on those funds, when the funds withdrawn were | 47420 |
| used for any purpose other than to reimburse an account holder | 47421 |
| for, or to pay, eligible medical expenses, in accordance with | 47422 |
| section 3924.66 of the Revised Code; | 47423 |
| (b) Add the amounts distributed from a medical savings | 47424 |
| account under division (A)(2) of section 3924.68 of the Revised | 47425 |
| Code during the taxable year. | 47426 |
| (16) Add any amount claimed as a credit under section | 47427 |
| 5747.059 of the Revised Code to the extent that such amount | 47428 |
| satisfies either of the following: | 47429 |
| (a) The amount was deducted or excluded from the computation | 47430 |
| of the taxpayer's federal adjusted gross income as required to be | 47431 |
| reported for the taxpayer's taxable year under the Internal | 47432 |
| Revenue Code; | 47433 |
| (b) The amount resulted in a reduction of the taxpayer's | 47434 |
| federal adjusted gross income as required to be reported for any | 47435 |
| of the taxpayer's taxable years under the Internal Revenue Code. | 47436 |
| (17) Deduct the amount contributed by the taxpayer to an | 47437 |
| individual development account program established by a county | 47438 |
| department of job and family services pursuant to sections 329.11 | 47439 |
| to 329.14 of the Revised Code for the purpose of matching funds | 47440 |
| deposited by program participants. On request of the tax | 47441 |
| commissioner, the taxpayer shall provide any information that, in | 47442 |
| the tax commissioner's opinion, is necessary to establish the | 47443 |
| amount deducted under division (A)(17) of this section. | 47444 |
| (18) Beginning in taxable year 2001 but not for any taxable | 47445 |
| year beginning after December 31, 2005, if the taxpayer is married | 47446 |
| and files a joint return and the combined federal adjusted gross | 47447 |
| income of the taxpayer and the taxpayer's spouse for the taxable | 47448 |
| year does not exceed one hundred thousand dollars, or if the | 47449 |
| taxpayer is single and has a federal adjusted gross income for the | 47450 |
| taxable year not exceeding fifty thousand dollars, deduct amounts | 47451 |
| paid during the taxable year for qualified tuition and fees paid | 47452 |
| to an eligible institution for the taxpayer, the taxpayer's | 47453 |
| spouse, or any dependent of the taxpayer, who is a resident of | 47454 |
| this state and is enrolled in or attending a program that | 47455 |
| culminates in a degree or diploma at an eligible institution. The | 47456 |
| deduction may be claimed only to the extent that qualified tuition | 47457 |
| and fees are not otherwise deducted or excluded for any taxable | 47458 |
| year from federal or Ohio adjusted gross income. The deduction may | 47459 |
| not be claimed for educational expenses for which the taxpayer | 47460 |
| claims a credit under section 5747.27 of the Revised Code. | 47461 |
| (19) Add any reimbursement received during the taxable year | 47462 |
| of any amount the taxpayer deducted under division (A)(18) of this | 47463 |
| section in any previous taxable year to the extent the amount is | 47464 |
| not otherwise included in Ohio adjusted gross income. | 47465 |
| (20)(a)(i) Add five-sixths of the amount of depreciation | 47466 |
| expense allowed by subsection (k) of section 168 of the Internal | 47467 |
| Revenue Code, including the taxpayer's proportionate or | 47468 |
| distributive share of the amount of depreciation expense allowed | 47469 |
| by that subsection to a pass-through entity in which the taxpayer | 47470 |
| has a direct or indirect ownership interest. | 47471 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 47472 |
| depreciation expense, including a person's proportionate or | 47473 |
| distributive share of the amount of qualifying section 179 | 47474 |
| depreciation expense allowed to any pass-through entity in which | 47475 |
| the person has a direct or indirect ownership. For the purposes of | 47476 |
| this division, "qualifying section 179 depreciation expense" means | 47477 |
| the difference between (I) the amount of depreciation expense | 47478 |
| directly or indirectly allowed to the taxpayer under section 179 | 47479 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 47480 |
| expense directly or indirectly allowed to the taxpayer under | 47481 |
| section 179 of the Internal Revenue Code as that section existed | 47482 |
| on December 31, 2002. | 47483 |
| The tax commissioner, under procedures established by the | 47484 |
| commissioner, may waive the add-backs related to a pass-through | 47485 |
| entity if the taxpayer owns, directly or indirectly, less than | 47486 |
| five per cent of the pass-through entity. | 47487 |
| (b) Nothing in division (A)(20) of this section shall be | 47488 |
| construed to adjust or modify the adjusted basis of any asset. | 47489 |
| (c) To the extent the add-back required under division | 47490 |
| (A)(20)(a) of this section is attributable to property generating | 47491 |
| nonbusiness income or loss allocated under section 5747.20 of the | 47492 |
| Revised Code, the add-back shall be sitused to the same location | 47493 |
| as the nonbusiness income or loss generated by the property for | 47494 |
| the purpose of determining the credit under division (A) of | 47495 |
| section 5747.05 of the Revised Code. Otherwise, the add-back shall | 47496 |
| be apportioned, subject to one or more of the four alternative | 47497 |
| methods of apportionment enumerated in section 5747.21 of the | 47498 |
| Revised Code. | 47499 |
| (d) For the purposes of division (A) of this section, net | 47500 |
| operating loss carryback and carryforward shall not include | 47501 |
| five-sixths of the allowance of any net operating loss deduction | 47502 |
| carryback or carryforward to the taxable year to the extent such | 47503 |
| loss resulted from depreciation allowed by section 168(k) of the | 47504 |
| Internal Revenue Code and by the qualifying section 179 | 47505 |
| depreciation expense amount. | 47506 |
| (21)(a) If the taxpayer was required to add an amount under | 47507 |
| division (A)(20)(a) of this section for a taxable year, deduct | 47508 |
| one-fifth of the amount so added for each of the five succeeding | 47509 |
| taxable years. | 47510 |
| (b) If the amount deducted under division (A)(21)(a) of this | 47511 |
| section is attributable to an add-back allocated under division | 47512 |
| (A)(20)(c) of this section, the amount deducted shall be sitused | 47513 |
| to the same location. Otherwise, the add-back shall be apportioned | 47514 |
| using the apportionment factors for the taxable year in which the | 47515 |
| deduction is taken, subject to one or more of the four alternative | 47516 |
| methods of apportionment enumerated in section 5747.21 of the | 47517 |
| Revised Code. | 47518 |
| (c) No deduction is available under division (A)(21)(a) of | 47519 |
| this section with regard to any depreciation allowed by section | 47520 |
| 168(k) of the Internal Revenue Code and by the qualifying section | 47521 |
| 179 depreciation expense amount to the extent that such | 47522 |
| depreciation resulted in or increased a federal net operating loss | 47523 |
| carryback or carryforward to a taxable year to which division | 47524 |
| (A)(20)(d) of this section does not apply. | 47525 |
| (B) "Business income" means income, including gain or loss, | 47526 |
| arising from transactions, activities, and sources in the regular | 47527 |
| course of a trade or business and includes income, gain, or loss | 47528 |
| from real property, tangible property, and intangible property if | 47529 |
| the acquisition, rental, management, and disposition of the | 47530 |
| property constitute integral parts of the regular course of a | 47531 |
| trade or business operation. "Business income" includes income, | 47532 |
| including gain or loss, from a partial or complete liquidation of | 47533 |
| a business, including, but not limited to, gain or loss from the | 47534 |
| sale or other disposition of goodwill. | 47535 |
| (C) "Nonbusiness income" means all income other than business | 47536 |
| income and may include, but is not limited to, compensation, rents | 47537 |
| and royalties from real or tangible personal property, capital | 47538 |
| gains, interest, dividends and distributions, patent or copyright | 47539 |
| royalties, or lottery winnings, prizes, and awards. | 47540 |
| (D) "Compensation" means any form of remuneration paid to an | 47541 |
| employee for personal services. | 47542 |
| (E) "Fiduciary" means a guardian, trustee, executor, | 47543 |
| administrator, receiver, conservator, or any other person acting | 47544 |
| in any fiduciary capacity for any individual, trust, or estate. | 47545 |
| (F) "Fiscal year" means an accounting period of twelve months | 47546 |
| ending on the last day of any month other than December. | 47547 |
| (G) "Individual" means any natural person. | 47548 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 47549 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 47550 |
| (I) "Resident" means any of the following, provided that | 47551 |
| division (I)(3) of this section applies only to taxable years of a | 47552 |
|
trust beginning in 2002 | 47553 |
| (1) An individual who is domiciled in this state, subject to | 47554 |
| section 5747.24 of the Revised Code; | 47555 |
| (2) The estate of a decedent who at the time of death was | 47556 |
| domiciled in this state. The domicile tests of section 5747.24 of | 47557 |
| the Revised Code and any election under section 5747.25 of the | 47558 |
| Revised Code are not controlling for purposes of division (I)(2) | 47559 |
| of this section. | 47560 |
| (3) A trust that, in whole or part, resides in this state. If | 47561 |
| only part of a trust resides in this state, the trust is a | 47562 |
| resident only with respect to that part. | 47563 |
| For the purposes of division (I)(3) of this section: | 47564 |
| (a) A trust resides in this state for the trust's current | 47565 |
| taxable year to the extent, as described in division (I)(3)(d) of | 47566 |
| this section, that the trust consists directly or indirectly, in | 47567 |
| whole or in part, of assets, net of any related liabilities, that | 47568 |
| were transferred, or caused to be transferred, directly or | 47569 |
| indirectly, to the trust by any of the following: | 47570 |
| (i) A person, a court, or a governmental entity or | 47571 |
| instrumentality on account of the death of a decedent, but only if | 47572 |
| the trust is described in division (I)(3)(e)(i) or (ii) of this | 47573 |
| section; | 47574 |
| (ii) A person who was domiciled in this state for the | 47575 |
| purposes of this chapter when the person directly or indirectly | 47576 |
| transferred assets to an irrevocable trust, but only if at least | 47577 |
| one of the trust's qualifying beneficiaries is domiciled in this | 47578 |
| state for the purposes of this chapter during all or some portion | 47579 |
| of the trust's current taxable year; | 47580 |
| (iii) A person who was domiciled in this state for the | 47581 |
| purposes of this chapter when the trust document or instrument or | 47582 |
| part of the trust document or instrument became irrevocable, but | 47583 |
| only if at least one of the trust's qualifying beneficiaries is a | 47584 |
| resident domiciled in this state for the purposes of this chapter | 47585 |
| during all or some portion of the trust's current taxable year. If | 47586 |
| a trust document or instrument became irrevocable upon the death | 47587 |
| of a person who at the time of death was domiciled in this state | 47588 |
| for purposes of this chapter, that person is a person described in | 47589 |
| division (I)(3)(a)(iii) of this section. | 47590 |
| (b) A trust is irrevocable to the extent that the transferor | 47591 |
| is not considered to be the owner of the net assets of the trust | 47592 |
| under sections 671 to 678 of the Internal Revenue Code. | 47593 |
| (c) With respect to a trust other than a charitable lead | 47594 |
| trust, "qualifying beneficiary" has the same meaning as "potential | 47595 |
| current beneficiary" as defined in section 1361(e)(2) of the | 47596 |
| Internal Revenue Code, and with respect to a charitable lead trust | 47597 |
| "qualifying beneficiary" is any current, future, or contingent | 47598 |
| beneficiary, but with respect to any trust "qualifying | 47599 |
| beneficiary" excludes a person or a governmental entity or | 47600 |
| instrumentality to any of which a contribution would qualify for | 47601 |
| the charitable deduction under section 170 of the Internal Revenue | 47602 |
| Code. | 47603 |
| (d) For the purposes of division (I)(3)(a) of this section, | 47604 |
| the extent to which a trust consists directly or indirectly, in | 47605 |
| whole or in part, of assets, net of any related liabilities, that | 47606 |
| were transferred directly or indirectly, in whole or part, to the | 47607 |
| trust by any of the sources enumerated in that division shall be | 47608 |
| ascertained by multiplying the fair market value of the trust's | 47609 |
| assets, net of related liabilities, by the qualifying ratio, which | 47610 |
| shall be computed as follows: | 47611 |
| (i) The first time the trust receives assets, the numerator | 47612 |
| of the qualifying ratio is the fair market value of those assets | 47613 |
| at that time, net of any related liabilities, from sources | 47614 |
| enumerated in division (I)(3)(a) of this section. The denominator | 47615 |
| of the qualifying ratio is the fair market value of all the | 47616 |
| trust's assets at that time, net of any related liabilities. | 47617 |
| (ii) Each subsequent time the trust receives assets, a | 47618 |
| revised qualifying ratio shall be computed. The numerator of the | 47619 |
| revised qualifying ratio is the sum of (1) the fair market value | 47620 |
| of the trust's assets immediately prior to the subsequent | 47621 |
| transfer, net of any related liabilities, multiplied by the | 47622 |
| qualifying ratio last computed without regard to the subsequent | 47623 |
| transfer, and (2) the fair market value of the subsequently | 47624 |
| transferred assets at the time transferred, net of any related | 47625 |
| liabilities, from sources enumerated in division (I)(3)(a) of this | 47626 |
| section. The denominator of the revised qualifying ratio is the | 47627 |
| fair market value of all the trust's assets immediately after the | 47628 |
| subsequent transfer, net of any related liabilities. | 47629 |
| (iii) Whether a transfer to the trust is by or from any of | 47630 |
| the sources enumerated in division (I)(3)(a) of this section shall | 47631 |
| be ascertained without regard to the domicile of the trust's | 47632 |
| beneficiaries. | 47633 |
| (e) For the purposes of division (I)(3)(a)(i) of this | 47634 |
| section: | 47635 |
| (i) A trust is described in division (I)(3)(e)(i) of this | 47636 |
| section if the trust is a testamentary trust and the testator of | 47637 |
| that testamentary trust was domiciled in this state at the time of | 47638 |
| the testator's death for purposes of the taxes levied under | 47639 |
| Chapter 5731. of the Revised Code. | 47640 |
| (ii) A trust is described in division (I)(3)(e)(ii) of this | 47641 |
| section if the transfer is a qualifying transfer described in any | 47642 |
| of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 47643 |
| irrevocable inter vivos trust, and at least one of the trust's | 47644 |
| qualifying beneficiaries is domiciled in this state for purposes | 47645 |
| of this chapter during all or some portion of the trust's current | 47646 |
| taxable year. | 47647 |
| (f) For the purposes of division (I)(3)(e)(ii) of this | 47648 |
| section, a "qualifying transfer" is a transfer of assets, net of | 47649 |
| any related liabilities, directly or indirectly to a trust, if the | 47650 |
| transfer is described in any of the following: | 47651 |
| (i) The transfer is made to a trust, created by the decedent | 47652 |
| before the decedent's death and while the decedent was domiciled | 47653 |
| in this state for the purposes of this chapter, and, prior to the | 47654 |
| death of the decedent, the trust became irrevocable while the | 47655 |
| decedent was domiciled in this state for the purposes of this | 47656 |
| chapter. | 47657 |
| (ii) The transfer is made to a trust to which the decedent, | 47658 |
| prior to the decedent's death, had directly or indirectly | 47659 |
| transferred assets, net of any related liabilities, while the | 47660 |
| decedent was domiciled in this state for the purposes of this | 47661 |
| chapter, and prior to the death of the decedent the trust became | 47662 |
| irrevocable while the decedent was domiciled in this state for the | 47663 |
| purposes of this chapter. | 47664 |
| (iii) The transfer is made on account of a contractual | 47665 |
| relationship existing directly or indirectly between the | 47666 |
| transferor and either the decedent or the estate of the decedent | 47667 |
| at any time prior to the date of the decedent's death, and the | 47668 |
| decedent was domiciled in this state at the time of death for | 47669 |
| purposes of the taxes levied under Chapter 5731. of the Revised | 47670 |
| Code. | 47671 |
| (iv) The transfer is made to a trust on account of a | 47672 |
| contractual relationship existing directly or indirectly between | 47673 |
| the transferor and another person who at the time of the | 47674 |
| decedent's death was domiciled in this state for purposes of this | 47675 |
| chapter. | 47676 |
| (v) The transfer is made to a trust on account of the will of | 47677 |
| a testator. | 47678 |
| (vi) The transfer is made to a trust created by or caused to | 47679 |
| be created by a court, and the trust was directly or indirectly | 47680 |
| created in connection with or as a result of the death of an | 47681 |
| individual who, for purposes of the taxes levied under Chapter | 47682 |
| 5731. of the Revised Code, was domiciled in this state at the time | 47683 |
| of the individual's death. | 47684 |
| (g) The tax commissioner may adopt rules to ascertain the | 47685 |
| part of a trust residing in this state. | 47686 |
| (J) "Nonresident" means an individual or estate that is not a | 47687 |
| resident. An individual who is a resident for only part of a | 47688 |
| taxable year is a nonresident for the remainder of that taxable | 47689 |
| year. | 47690 |
| (K) "Pass-through entity" has the same meaning as in section | 47691 |
| 5733.04 of the Revised Code. | 47692 |
| (L) "Return" means the notifications and reports required to | 47693 |
| be filed pursuant to this chapter for the purpose of reporting the | 47694 |
| tax due and includes declarations of estimated tax when so | 47695 |
| required. | 47696 |
| (M) "Taxable year" means the calendar year or the taxpayer's | 47697 |
| fiscal year ending during the calendar year, or fractional part | 47698 |
| thereof, upon which the adjusted gross income is calculated | 47699 |
| pursuant to this chapter. | 47700 |
| (N) "Taxpayer" means any person subject to the tax imposed by | 47701 |
| section 5747.02 of the Revised Code or any pass-through entity | 47702 |
| that makes the election under division (D) of section 5747.08 of | 47703 |
| the Revised Code. | 47704 |
| (O) "Dependents" means dependents as defined in the Internal | 47705 |
| Revenue Code and as claimed in the taxpayer's federal income tax | 47706 |
| return for the taxable year or which the taxpayer would have been | 47707 |
| permitted to claim had the taxpayer filed a federal income tax | 47708 |
| return. | 47709 |
| (P) "Principal county of employment" means, in the case of a | 47710 |
| nonresident, the county within the state in which a taxpayer | 47711 |
| performs services for an employer or, if those services are | 47712 |
| performed in more than one county, the county in which the major | 47713 |
| portion of the services are performed. | 47714 |
| (Q) As used in sections 5747.50 to 5747.55 of the Revised | 47715 |
| Code: | 47716 |
| (1) "Subdivision" means any county, municipal corporation, | 47717 |
| park district, or township. | 47718 |
| (2) "Essential local government purposes" includes all | 47719 |
| functions that any subdivision is required by general law to | 47720 |
| exercise, including like functions that are exercised under a | 47721 |
| charter adopted pursuant to the Ohio Constitution. | 47722 |
| (R) "Overpayment" means any amount already paid that exceeds | 47723 |
| the figure determined to be the correct amount of the tax. | 47724 |
| (S) "Taxable income" or "Ohio taxable income" applies only to | 47725 |
| estates and trusts, and means federal taxable income, as defined | 47726 |
| and used in the Internal Revenue Code, adjusted as follows: | 47727 |
| (1) Add interest or dividends, net of ordinary, necessary, | 47728 |
| and reasonable expenses not deducted in computing federal taxable | 47729 |
| income, on obligations or securities of any state or of any | 47730 |
| political subdivision or authority of any state, other than this | 47731 |
| state and its subdivisions and authorities, but only to the extent | 47732 |
| that such net amount is not otherwise includible in Ohio taxable | 47733 |
| income and is described in either division (S)(1)(a) or (b) of | 47734 |
| this section: | 47735 |
| (a) The net amount is not attributable to the S portion of an | 47736 |
| electing small business trust and has not been distributed to | 47737 |
| beneficiaries for the taxable year; | 47738 |
| (b) The net amount is attributable to the S portion of an | 47739 |
| electing small business trust for the taxable year. | 47740 |
| (2) Add interest or dividends, net of ordinary, necessary, | 47741 |
| and reasonable expenses not deducted in computing federal taxable | 47742 |
| income, on obligations of any authority, commission, | 47743 |
| instrumentality, territory, or possession of the United States to | 47744 |
| the extent that the interest or dividends are exempt from federal | 47745 |
| income taxes but not from state income taxes, but only to the | 47746 |
| extent that such net amount is not otherwise includible in Ohio | 47747 |
| taxable income and is described in either division (S)(1)(a) or | 47748 |
| (b) of this section; | 47749 |
| (3) Add the amount of personal exemption allowed to the | 47750 |
| estate pursuant to section 642(b) of the Internal Revenue Code; | 47751 |
| (4) Deduct interest or dividends, net of related expenses | 47752 |
| deducted in computing federal taxable income, on obligations of | 47753 |
| the United States and its territories and possessions or of any | 47754 |
| authority, commission, or instrumentality of the United States to | 47755 |
| the extent that the interest or dividends are exempt from state | 47756 |
| taxes under the laws of the United States, but only to the extent | 47757 |
| that such amount is included in federal taxable income and is | 47758 |
| described in either division (S)(1)(a) or (b) of this section; | 47759 |
| (5) Deduct the amount of wages and salaries, if any, not | 47760 |
| otherwise allowable as a deduction but that would have been | 47761 |
| allowable as a deduction in computing federal taxable income for | 47762 |
| the taxable year, had the targeted jobs credit allowed under | 47763 |
| sections 38, 51, and 52 of the Internal Revenue Code not been in | 47764 |
| effect, but only to the extent such amount relates either to | 47765 |
| income included in federal taxable income for the taxable year or | 47766 |
| to income of the S portion of an electing small business trust for | 47767 |
| the taxable year; | 47768 |
| (6) Deduct any interest or interest equivalent, net of | 47769 |
| related expenses deducted in computing federal taxable income, on | 47770 |
| public obligations and purchase obligations, but only to the | 47771 |
| extent that such net amount relates either to income included in | 47772 |
| federal taxable income for the taxable year or to income of the S | 47773 |
| portion of an electing small business trust for the taxable year; | 47774 |
| (7) Add any loss or deduct any gain resulting from sale, | 47775 |
| exchange, or other disposition of public obligations to the extent | 47776 |
| that such loss has been deducted or such gain has been included in | 47777 |
| computing either federal taxable income or income of the S portion | 47778 |
| of an electing small business trust for the taxable year; | 47779 |
| (8) Except in the case of the final return of an estate, add | 47780 |
| any amount deducted by the taxpayer on both its Ohio estate tax | 47781 |
| return pursuant to section 5731.14 of the Revised Code, and on its | 47782 |
| federal income tax return in determining federal taxable income; | 47783 |
| (9)(a) Deduct any amount included in federal taxable income | 47784 |
| solely because the amount represents a reimbursement or refund of | 47785 |
| expenses that in a previous year the decedent had deducted as an | 47786 |
| itemized deduction pursuant to section 63 of the Internal Revenue | 47787 |
| Code and applicable treasury regulations. The deduction otherwise | 47788 |
| allowed under division (S)(9)(a) of this section shall be reduced | 47789 |
| to the extent the reimbursement is attributable to an amount the | 47790 |
| taxpayer or decedent deducted under this section in any taxable | 47791 |
| year. | 47792 |
| (b) Add any amount not otherwise included in Ohio taxable | 47793 |
| income for any taxable year to the extent that the amount is | 47794 |
| attributable to the recovery during the taxable year of any amount | 47795 |
| deducted or excluded in computing federal or Ohio taxable income | 47796 |
| in any taxable year, but only to the extent such amount has not | 47797 |
| been distributed to beneficiaries for the taxable year. | 47798 |
| (10) Deduct any portion of the deduction described in section | 47799 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 47800 |
| reported income received under a claim of right, that meets both | 47801 |
| of the following requirements: | 47802 |
| (a) It is allowable for repayment of an item that was | 47803 |
| included in the taxpayer's taxable income or the decedent's | 47804 |
| adjusted gross income for a prior taxable year and did not qualify | 47805 |
| for a credit under division (A) or (B) of section 5747.05 of the | 47806 |
| Revised Code for that year. | 47807 |
| (b) It does not otherwise reduce the taxpayer's taxable | 47808 |
| income or the decedent's adjusted gross income for the current or | 47809 |
| any other taxable year. | 47810 |
| (11) Add any amount claimed as a credit under section | 47811 |
| 5747.059 of the Revised Code to the extent that the amount | 47812 |
| satisfies either of the following: | 47813 |
| (a) The amount was deducted or excluded from the computation | 47814 |
| of the taxpayer's federal taxable income as required to be | 47815 |
| reported for the taxpayer's taxable year under the Internal | 47816 |
| Revenue Code; | 47817 |
| (b) The amount resulted in a reduction in the taxpayer's | 47818 |
| federal taxable income as required to be reported for any of the | 47819 |
| taxpayer's taxable years under the Internal Revenue Code. | 47820 |
| (12) Deduct any amount, net of related expenses deducted in | 47821 |
| computing federal taxable income, that a trust is required to | 47822 |
| report as farm income on its federal income tax return, but only | 47823 |
| if the assets of the trust include at least ten acres of land | 47824 |
| satisfying the definition of "land devoted exclusively to | 47825 |
| agricultural use" under section 5713.30 of the Revised Code, | 47826 |
| regardless of whether the land is valued for tax purposes as such | 47827 |
| land under sections 5713.30 to 5713.38 of the Revised Code. If the | 47828 |
| trust is a pass-though entity investor, section 5747.231 of the | 47829 |
| Revised Code applies in ascertaining if the trust is eligible to | 47830 |
| claim the deduction provided by division (S)(12) of this section | 47831 |
| in connection with the pass-through entity's farm income. | 47832 |
| Except for farm income attributable to the S portion of an | 47833 |
| electing small business trust, the deduction provided by division | 47834 |
| (S)(12) of this section is allowed only to the extent that the | 47835 |
| trust has not distributed such farm income. Division (S)(12) of | 47836 |
| this section applies only to taxable years of a trust beginning in | 47837 |
|
2002 | 47838 |
| (13) Add the net amount of income described in section 641(c) | 47839 |
| of the Internal Revenue Code to the extent that amount is not | 47840 |
| included in federal taxable income. | 47841 |
| (14) Add or deduct the amount the taxpayer would be required | 47842 |
| to add or deduct under division (A)(20) or (21) of this section if | 47843 |
| the taxpayer's Ohio taxable income were computed in the same | 47844 |
| manner as an individual's Ohio adjusted gross income is computed | 47845 |
| under this section. In the case of a trust, division (S)(14) of | 47846 |
| this section applies only to any of the trust's taxable years | 47847 |
|
beginning
in
2002 | 47848 |
| (T) "School district income" and "school district income tax" | 47849 |
| have the same meanings as in section 5748.01 of the Revised Code. | 47850 |
| (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 47851 |
| of this section, "public obligations," "purchase obligations," and | 47852 |
| "interest or interest equivalent" have the same meanings as in | 47853 |
| section 5709.76 of the Revised Code. | 47854 |
| (V) "Limited liability company" means any limited liability | 47855 |
| company formed under Chapter 1705. of the Revised Code or under | 47856 |
| the laws of any other state. | 47857 |
| (W) "Pass-through entity investor" means any person who, | 47858 |
| during any portion of a taxable year of a pass-through entity, is | 47859 |
| a partner, member, shareholder, or equity investor in that | 47860 |
| pass-through entity. | 47861 |
| (X) "Banking day" has the same meaning as in section 1304.01 | 47862 |
| of the Revised Code. | 47863 |
| (Y) "Month" means a calendar month. | 47864 |
| (Z) "Quarter" means the first three months, the second three | 47865 |
| months, the third three months, or the last three months of the | 47866 |
| taxpayer's taxable year. | 47867 |
| (AA)(1) "Eligible institution" means a state university or | 47868 |
| state institution of higher education as defined in section | 47869 |
| 3345.011 of the Revised Code, or a private, nonprofit college, | 47870 |
| university, or other post-secondary institution located in this | 47871 |
| state that possesses a certificate of authorization issued by the | 47872 |
| Ohio board of regents pursuant to Chapter 1713. of the Revised | 47873 |
| Code or a certificate of registration issued by the state board of | 47874 |
| career colleges and schools under Chapter 3332. of the Revised | 47875 |
| Code. | 47876 |
| (2) "Qualified tuition and fees" means tuition and fees | 47877 |
| imposed by an eligible institution as a condition of enrollment or | 47878 |
| attendance, not exceeding two thousand five hundred dollars in | 47879 |
| each of the individual's first two years of post-secondary | 47880 |
| education. If the individual is a part-time student, "qualified | 47881 |
| tuition and fees" includes tuition and fees paid for the academic | 47882 |
| equivalent of the first two years of post-secondary education | 47883 |
| during a maximum of five taxable years, not exceeding a total of | 47884 |
| five thousand dollars. "Qualified tuition and fees" does not | 47885 |
| include: | 47886 |
| (a) Expenses for any course or activity involving sports, | 47887 |
| games, or hobbies unless the course or activity is part of the | 47888 |
| individual's degree or diploma program; | 47889 |
| (b) The cost of books, room and board, student activity fees, | 47890 |
| athletic fees, insurance expenses, or other expenses unrelated to | 47891 |
| the individual's academic course of instruction; | 47892 |
| (c) Tuition, fees, or other expenses paid or reimbursed | 47893 |
| through an employer, scholarship, grant in aid, or other | 47894 |
| educational benefit program. | 47895 |
| (BB)(1) "Modified business income" means the business income | 47896 |
| included in a trust's Ohio taxable income after such taxable | 47897 |
| income is first reduced by the qualifying trust amount, if any. | 47898 |
| (2) "Qualifying trust amount" of a trust means capital gains | 47899 |
| and losses from the sale, exchange, or other disposition of equity | 47900 |
| or ownership interests in, or debt obligations of, a qualifying | 47901 |
| investee to the extent included in the trust's Ohio taxable | 47902 |
| income, but only if the following requirements are satisfied: | 47903 |
| (a) The book value of the qualifying investee's physical | 47904 |
| assets in this state and everywhere, as of the last day of the | 47905 |
| qualifying investee's fiscal or calendar year ending immediately | 47906 |
| prior to the date on which the trust recognizes the gain or loss, | 47907 |
| is available to the trust. | 47908 |
| (b) The requirements of section 5747.011 of the Revised Code | 47909 |
| are satisfied for the trust's taxable year in which the trust | 47910 |
| recognizes the gain or loss. | 47911 |
| Any gain or loss that is not a qualifying trust amount is | 47912 |
| modified business income, qualifying investment income, or | 47913 |
| modified nonbusiness income, as the case may be. | 47914 |
| (3) "Modified nonbusiness income" means a trust's Ohio | 47915 |
| taxable income other than modified business income, other than the | 47916 |
| qualifying trust amount, and other than qualifying investment | 47917 |
| income, as defined in section 5747.012 of the Revised Code, to the | 47918 |
| extent such qualifying investment income is not otherwise part of | 47919 |
| modified business income. | 47920 |
| (4) "Modified Ohio taxable income" applies only to trusts, | 47921 |
| and means the sum of the amounts described in divisions (BB)(4)(a) | 47922 |
| to (c) of this section: | 47923 |
| (a) The fraction, calculated under section 5747.013, and | 47924 |
| applying section 5747.231 of the Revised Code, multiplied by the | 47925 |
| sum of the following amounts: | 47926 |
| (i) The trust's modified business income; | 47927 |
| (ii) The trust's qualifying investment income, as defined in | 47928 |
| section 5747.012 of the Revised Code, but only to the extent the | 47929 |
| qualifying investment income does not otherwise constitute | 47930 |
| modified business income and does not otherwise constitute a | 47931 |
| qualifying trust amount. | 47932 |
| (b) The qualifying trust amount multiplied by a fraction, the | 47933 |
| numerator of which is the sum of the book value of the qualifying | 47934 |
| investee's physical assets in this state on the last day of the | 47935 |
| qualifying investee's fiscal or calendar year ending immediately | 47936 |
| prior to the day on which the trust recognizes the qualifying | 47937 |
| trust amount, and the denominator of which is the sum of the book | 47938 |
| value of the qualifying investee's total physical assets | 47939 |
| everywhere on the last day of the qualifying investee's fiscal or | 47940 |
| calendar year ending immediately prior to the day on which the | 47941 |
| trust recognizes the qualifying trust amount. If, for a taxable | 47942 |
| year, the trust recognizes a qualifying trust amount with respect | 47943 |
| to more than one qualifying investee, the amount described in | 47944 |
| division (BB)(4)(b) of this section shall equal the sum of the | 47945 |
| products so computed for each such qualifying investee. | 47946 |
| (c)(i) With respect to a trust or portion of a trust that is | 47947 |
| a resident as ascertained in accordance with division (I)(3)(d) of | 47948 |
| this section, its modified nonbusiness income. | 47949 |
| (ii) With respect to a trust or portion of a trust that is | 47950 |
| not a resident as ascertained in accordance with division | 47951 |
| (I)(3)(d) of this section, the amount of its modified nonbusiness | 47952 |
| income satisfying the descriptions in divisions (B)(2) to (5) of | 47953 |
| section 5747.20 of the Revised Code. | 47954 |
| If the allocation and apportionment of a trust's income under | 47955 |
| divisions (BB)(4)(a) and (c) of this section do not fairly | 47956 |
| represent the modified Ohio taxable income of the trust in this | 47957 |
| state, the alternative methods described in division (C) of | 47958 |
| section 5747.21 of the Revised Code may be applied in the manner | 47959 |
| and to the same extent provided in that section. | 47960 |
| (5)(a) Except as set forth in division (BB)(5)(b) of this | 47961 |
| section, "qualifying investee" means a person in which a trust has | 47962 |
| an equity or ownership interest, or a person or unit of government | 47963 |
| the debt obligations of either of which are owned by a trust. For | 47964 |
| the purposes of division (BB)(2)(a) of this section and for the | 47965 |
| purpose of computing the fraction described in division (BB)(4)(b) | 47966 |
| of this section, all of the following apply: | 47967 |
| (i) If the qualifying investee is a member of a qualifying | 47968 |
| controlled group on the last day of the qualifying investee's | 47969 |
| fiscal or calendar year ending immediately prior to the date on | 47970 |
| which the trust recognizes the gain or loss, then "qualifying | 47971 |
| investee" includes all persons in the qualifying controlled group | 47972 |
| on such last day. | 47973 |
| (ii) If the qualifying investee, or if the qualifying | 47974 |
| investee and any members of the qualifying controlled group of | 47975 |
| which the qualifying investee is a member on the last day of the | 47976 |
| qualifying investee's fiscal or calendar year ending immediately | 47977 |
| prior to the date on which the trust recognizes the gain or loss, | 47978 |
| separately or cumulatively own, directly or indirectly, on the | 47979 |
| last day of the qualifying investee's fiscal or calendar year | 47980 |
| ending immediately prior to the date on which the trust recognizes | 47981 |
| the qualifying trust amount, more than fifty per cent of the | 47982 |
| equity of a pass-through entity, then the qualifying investee and | 47983 |
| the other members are deemed to own the proportionate share of the | 47984 |
| pass-through entity's physical assets which the pass-through | 47985 |
| entity directly or indirectly owns on the last day of the | 47986 |
| pass-through entity's calendar or fiscal year ending within or | 47987 |
| with the last day of the qualifying investee's fiscal or calendar | 47988 |
| year ending immediately prior to the date on which the trust | 47989 |
| recognizes the qualifying trust amount. | 47990 |
| (iii) For the purposes of division (BB)(5)(a)(iii) of this | 47991 |
| section, "upper level pass-through entity" means a pass-through | 47992 |
| entity directly or indirectly owning any equity of another | 47993 |
| pass-through entity, and "lower level pass-through entity" means | 47994 |
| that other pass-through entity. | 47995 |
| An upper level pass-through entity, whether or not it is also | 47996 |
| a qualifying investee, is deemed to own, on the last day of the | 47997 |
| upper level pass-through entity's calendar or fiscal year, the | 47998 |
| proportionate share of the lower level pass-through entity's | 47999 |
| physical assets that the lower level pass-through entity directly | 48000 |
| or indirectly owns on the last day of the lower level pass-through | 48001 |
| entity's calendar or fiscal year ending within or with the last | 48002 |
| day of the upper level pass-through entity's fiscal or calendar | 48003 |
| year. If the upper level pass-through entity directly and | 48004 |
| indirectly owns less than fifty per cent of the equity of the | 48005 |
| lower level pass-through entity on each day of the upper level | 48006 |
| pass-through entity's calendar or fiscal year in which or with | 48007 |
| which ends the calendar or fiscal year of the lower level | 48008 |
| pass-through entity and if, based upon clear and convincing | 48009 |
| evidence, complete information about the location and cost of the | 48010 |
| physical assets of the lower pass-through entity is not available | 48011 |
| to the upper level pass-through entity, then solely for purposes | 48012 |
| of ascertaining if a gain or loss constitutes a qualifying trust | 48013 |
| amount, the upper level pass-through entity shall be deemed as | 48014 |
| owning no equity of the lower level pass-through entity for each | 48015 |
| day during the upper level pass-through entity's calendar or | 48016 |
| fiscal year in which or with which ends the lower level | 48017 |
| pass-through entity's calendar or fiscal year. Nothing in division | 48018 |
| (BB)(5)(a)(iii) of this section shall be construed to provide for | 48019 |
| any deduction or exclusion in computing any trust's Ohio taxable | 48020 |
| income. | 48021 |
| (b) With respect to a trust that is not a resident for the | 48022 |
| taxable year and with respect to a part of a trust that is not a | 48023 |
| resident for the taxable year, "qualifying investee" for that | 48024 |
| taxable year does not include a C corporation if both of the | 48025 |
| following apply: | 48026 |
| (i) During the taxable year the trust or part of the trust | 48027 |
| recognizes a gain or loss from the sale, exchange, or other | 48028 |
| disposition of equity or ownership interests in, or debt | 48029 |
| obligations of, the C corporation. | 48030 |
| (ii) Such gain or loss constitutes nonbusiness income. | 48031 |
| (6) "Available" means information is such that a person is | 48032 |
| able to learn of the information by the due date plus extensions, | 48033 |
| if any, for filing the return for the taxable year in which the | 48034 |
| trust recognizes the gain or loss. | 48035 |
| (CC) "Qualifying controlled group" has the same meaning as in | 48036 |
| section 5733.04 of the Revised Code. | 48037 |
| (DD) "Related member" has the same meaning as in section | 48038 |
| 5733.042 of the Revised Code. | 48039 |
| | 48040 |
| 48041 | |
| 48042 | |
| 48043 | |
| 48044 |
| Sec. 5747.02. (A) For the purpose of providing revenue for | 48045 |
| the support of schools and local government functions, to provide | 48046 |
| relief to property taxpayers, to provide revenue for the general | 48047 |
| revenue fund, and to meet the expenses of administering the tax | 48048 |
| levied by this chapter, there is hereby levied on every | 48049 |
| individual, trust, and estate residing in or earning or receiving | 48050 |
| income in this state, on every individual, trust, and estate | 48051 |
| earning or receiving lottery winnings, prizes, or awards pursuant | 48052 |
| to Chapter 3770. of the Revised Code, and on every individual, | 48053 |
| trust, and estate otherwise having nexus with or in this state | 48054 |
| under the Constitution of the United States, an annual tax | 48055 |
| measured in the case of individuals by Ohio adjusted gross income | 48056 |
| less an exemption for the taxpayer, the taxpayer's spouse, and | 48057 |
| each dependent as provided in section 5747.025 of the Revised | 48058 |
| Code; measured in the case of trusts by modified Ohio taxable | 48059 |
| income under division (D) of this section; and measured in the | 48060 |
| case of estates by Ohio taxable income. The tax imposed by this | 48061 |
| section on the balance thus obtained is hereby levied as follows: | 48062 |
| (1) For taxable years beginning in 2004: | 48063 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 48064 | ||
| OR | 48065 | ||
| MODIFIED OHIO | 48066 | ||
| TAXABLE INCOME (TRUSTS) | 48067 | ||
| OR | 48068 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 48069 |
| $5,000 or less | .743% | 48070 | ||
| More than $5,000 but not more than $10,000 | $37.15 plus 1.486% of the amount in excess of $5,000 | 48071 | ||
| More than $10,000 but not more than $15,000 | $111.45 plus 2.972% of the amount in excess of $10,000 | 48072 | ||
| More than $15,000 but not more than $20,000 | $260.05 plus 3.715% of the amount in excess of $15,000 | 48073 | ||
| More than $20,000 but not more than $40,000 | $445.80 plus 4.457% of the amount in excess of $20,000 | 48074 | ||
| More than $40,000 but not more than $80,000 | $1,337.20 plus 5.201% of the amount in excess of $40,000 | 48075 | ||
| More than $80,000 but not more than $100,000 | $3,417.60 plus 5.943% of the amount in excess of $80,000 | 48076 | ||
| More than $100,000 but not more than $200,000 | $4,606.20 plus 6.9% of the amount in excess of $100,000 | 48077 | ||
| More than $200,000 | $11,506.20 plus 7.5% of the amount in excess of $200,000 | 48078 |
| (2) For taxable years beginning in 2005: | 48079 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 48080 | ||
| OR | 48081 | ||
| MODIFIED OHIO | 48082 | ||
| TAXABLE INCOME (TRUSTS) | 48083 | ||
| OR | 48084 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 48085 |
| $5,000 or less | .712% | 48086 | ||
| More than $5,000 but not more than $10,000 | $35.60 plus 1.424% of the amount in excess of $5,000 | 48087 | ||
| More than $10,000 but not more than $15,000 | $106.80 plus 2.847% of the amount in excess of $10,000 | 48088 | ||
| More than $15,000 but not more than $20,000 | $249.15 plus 3.559% of the amount in excess of $15,000 | 48089 | ||
| More than $20,000 but not more than $40,000 | $427.10 plus 4.27% of the amount in excess of $20,000 | 48090 | ||
| More than $40,000 but not more than $80,000 | $1,281.10 plus 4.983% of the amount in excess of $40,000 | 48091 | ||
| More than $80,000 but not more than $100,000 | $3,274.30 plus 5.693% of the amount in excess of $80,000 | 48092 | ||
| More than $100,000 but not more than $200,000 | $4,412.90 plus 6.61% of the amount in excess of $100,000 | 48093 | ||
| More than $200,000 | $11,022.90 plus 7.185% of the amount in excess of $200,000 | 48094 |
| (3) For taxable years beginning in 2006: | 48095 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 48096 | ||
| OR | 48097 | ||
| MODIFIED OHIO | 48098 | ||
| TAXABLE INCOME (TRUSTS) | 48099 | ||
| OR | 48100 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 48101 |
| $5,000 or less | .681% | 48102 | ||
| More than $5,000 but not more than $10,000 | $34.05 plus 1.361% of the amount in excess of $5,000 | 48103 | ||
| More than $10,000 but not more than $15,000 | $102.10 plus 2.722% of the amount in excess of $10,000 | 48104 | ||
| More than $15,000 but not more than $20,000 | $238.20 plus 3.403% of the amount in excess of $15,000 | 48105 | ||
| More than $20,000 but not more than $40,000 | $408.35 plus 4.083% of the amount in excess of $20,000 | 48106 | ||
| More than $40,000 but not more than $80,000 | $1,224.95 plus 4.764% of the amount in excess of $40,000 | 48107 | ||
| More than $80,000 but not more than $100,000 | $3,130.55 plus 5.444% of the amount in excess of $80,000 | 48108 | ||
| More than $100,000 but not more than $200,000 | $4,219.35 plus 6.32% of the amount in excess of $100,000 | 48109 | ||
| More than $200,000 | $10,539.35 plus 6.87% of the amount in excess of $200,000 | 48110 |
| (4) For taxable years beginning in 2007: | 48111 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 48112 | ||
| OR | 48113 | ||
| MODIFIED OHIO | 48114 | ||
| TAXABLE INCOME (TRUSTS) | 48115 | ||
| OR | 48116 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 48117 |
| $5,000 or less | .649% | 48118 | ||
| More than $5,000 but not more than $10,000 | $32.45 plus 1.299% of the amount in excess of $5,000 | 48119 | ||
| More than $10,000 but not more than $15,000 | $97.40 plus 2.598% of the amount in excess of $10,000 | 48120 | ||
| More than $15,000 but not more than $20,000 | $227.30 plus 3.247% of the amount in excess of $15,000 | 48121 | ||
| More than $20,000 but not more than $40,000 | $389.65 plus 3.895% of the amount in excess of $20,000 | 48122 | ||
| More than $40,000 but not more than $80,000 | $1,168.65 plus 4.546% of the amount in excess of $40,000 | 48123 | ||
| More than $80,000 but not more than $100,000 | $2,987.05 plus 5.194% of the amount in excess of $80,000 | 48124 | ||
| More than $100,000 but not more than $200,000 | $4,025.85 plus 6.031% of the amount in excess of $100,000 | 48125 | ||
| More than $200,000 | $10,056.85 plus 6.555% of the amount in excess of $200,000 | 48126 |
| (5) For taxable years beginning in 2008: | 48127 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 48128 | ||
| OR | 48129 | ||
| MODIFIED OHIO | 48130 | ||
| TAXABLE INCOME (TRUSTS) | 48131 | ||
| OR | 48132 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 48133 |
| $5,000 or less | .618% | 48134 | ||
| More than $5,000 but not more than $10,000 | $30.90 plus 1.236% of the amount in excess of $5,000 | 48135 | ||
| More than $10,000 but not more than $15,000 | $92.70 plus 2.473% of the amount in excess of $10,000 | 48136 | ||
| More than $15,000 but not more than $20,000 | $216.35 plus 3.091% of the amount in excess of $15,000 | 48137 | ||
| More than $20,000 but not more than $40,000 | $370.90 plus 3.708% of the amount in excess of $20,000 | 48138 | ||
| More than $40,000 but not more than $80,000 | $1,112.50 plus 4.327% of the amount in excess of $40,000 | 48139 | ||
| More than $80,000 but not more than $100,000 | $2,843.30 plus 4.945% of the amount in excess of $80,000 | 48140 | ||
| More than $100,000 but not more than $200,000 | $3,832.30 plus 5.741% of the amount in excess of $100,000 | 48141 | ||
| More than $200,000 | $9,573.30 plus 6.24% of the amount in excess of $200,000 | 48142 |
| (6) For taxable years beginning in 2009 or thereafter: | 48143 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 48144 | ||
| OR | 48145 | ||
| MODIFIED OHIO | 48146 | ||
| TAXABLE INCOME (TRUSTS) | 48147 | ||
| OR | 48148 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 48149 |
| $5,000 or less | .587% | 48150 | ||
| More than $5,000 but not more than $10,000 | $29.35 plus 1.174% of the amount in excess of $5,000 | 48151 | ||
| More than $10,000 but not more than $15,000 | $88.05 plus 2.348% of the amount in excess of $10,000 | 48152 | ||
| More than $15,000 but not more than $20,000 | $205.45 plus 2.935% of the amount in excess of $15,000 | 48153 | ||
| More than $20,000 but not more than $40,000 | $352.20 plus 3.521% of the amount in excess of $20,000 | 48154 | ||
| More than $40,000 but not more than $80,000 | $1,056.40 plus 4.109% of the amount in excess of $40,000 | 48155 | ||
| More than $80,000 but not more than $100,000 | $2,700.00 plus 4.695% of the amount in excess of $80,000 | 48156 | ||
| More than $100,000 but not more than $200,000 | $3,639.00 plus 5.451% of the amount in excess of $100,000 | 48157 | ||
| More than $200,000 | $9,090.00 plus 5.925% of the amount in excess of $200,000 | 48158 |
| In July of each year, beginning in | 48159 |
| commissioner shall adjust the income amounts prescribed in this | 48160 |
| division by multiplying the percentage increase in the gross | 48161 |
| domestic product deflator computed that year under section | 48162 |
| 5747.025 of the Revised Code by each of the income amounts | 48163 |
| resulting from the adjustment under this division in the preceding | 48164 |
| year, adding the resulting product to the corresponding income | 48165 |
| amount resulting from the adjustment in the preceding year, and | 48166 |
| rounding the resulting sum to the nearest multiple of fifty | 48167 |
| dollars. The tax commissioner also shall recompute each of the tax | 48168 |
| dollar amounts to the extent necessary to reflect the adjustment | 48169 |
| of the income amounts. The rates of taxation shall not be | 48170 |
| adjusted. | 48171 |
| The adjusted amounts apply to taxable years beginning in the | 48172 |
| calendar year in which the adjustments are made. The tax | 48173 |
| commissioner shall not make such adjustments in any year in which | 48174 |
| the amount resulting from the adjustment would be less than the | 48175 |
| amount resulting from the adjustment in the preceding year. | 48176 |
| (B) If the director of budget and management makes a | 48177 |
| certification to the tax commissioner under division (B) of | 48178 |
| section 131.44 of the Revised Code, the amount of tax as | 48179 |
| determined under division (A) of this section shall be reduced by | 48180 |
| the percentage prescribed in that certification for taxable years | 48181 |
| beginning in the calendar year in which that certification is | 48182 |
| made. | 48183 |
| (C) The levy of this tax on income does not prevent a | 48184 |
| municipal corporation, a joint economic development zone created | 48185 |
| under section 715.691, or a joint economic development district | 48186 |
| created under section 715.70 or 715.71 or sections 715.72 to | 48187 |
| 715.81 of the Revised Code from levying a tax on income. | 48188 |
| (D) This division applies only to taxable years of a trust | 48189 |
| beginning in 2002 | 48190 |
| (1) The tax imposed by this section on a trust shall be | 48191 |
| computed by multiplying the Ohio modified taxable income of the | 48192 |
| trust by the rates prescribed by division (A) of this section. | 48193 |
| (2) A credit is allowed against the tax computed under | 48194 |
| division (D) of this section equal to the lesser of (1) the tax | 48195 |
| paid to another state or the District of Columbia on the trust's | 48196 |
| modified nonbusiness income, other than the portion of the trust's | 48197 |
| nonbusiness income that is qualifying investment income as defined | 48198 |
| in section 5747.012 of the Revised Code, or (2) the effective tax | 48199 |
| rate, based on modified Ohio taxable income, multiplied by the | 48200 |
| trust's modified nonbusiness income other than the portion of | 48201 |
| trust's nonbusiness income that is qualifying investment income. | 48202 |
| The credit applies before any other applicable credits. | 48203 |
| (3) The credits enumerated in divisions (A)(1) to (13) of | 48204 |
| section 5747.98 of the Revised Code do not apply to a trust | 48205 |
| subject to this division. Any credits enumerated in other | 48206 |
| divisions of section 5747.98 of the Revised Code apply to a trust | 48207 |
| subject to this division. To the extent that the trust distributes | 48208 |
| income for the taxable year for which a credit is available to the | 48209 |
| trust, the credit shall be shared by the trust and its | 48210 |
| beneficiaries. The tax commissioner and the trust shall be guided | 48211 |
| by applicable regulations of the United States treasury regarding | 48212 |
| the sharing of credits. | 48213 |
| (E) For the purposes of this section, "trust" means any trust | 48214 |
| described in Subchapter J of Chapter 1 of the Internal Revenue | 48215 |
| Code, excluding trusts that are not irrevocable as defined in | 48216 |
| division (I)(3)(b) of section 5747.01 of the Revised Code and that | 48217 |
| have no modified Ohio taxable income for the taxable year, | 48218 |
| charitable remainder trusts, qualified funeral trusts and preneed | 48219 |
| funeral contract trusts established pursuant to section 1111.19 of | 48220 |
| the Revised Code that are not qualified funeral trusts, endowment | 48221 |
| and perpetual care trusts, qualified settlement trusts and funds, | 48222 |
| designated settlement trusts and funds, and trusts exempted from | 48223 |
| taxation under section 501(a) of the Internal Revenue Code. | 48224 |
| Sec. 5747.05. As used in this section, "income tax" includes | 48225 |
| both a tax on net income and a tax measured by net income. | 48226 |
| The following credits shall be allowed against the income tax | 48227 |
| imposed by section 5747.02 of the Revised Code on individuals and | 48228 |
| estates: | 48229 |
| (A)(1) The amount of tax otherwise due under section 5747.02 | 48230 |
| of the Revised Code on such portion of the adjusted gross income | 48231 |
| of any nonresident taxpayer that is not allocable to this state | 48232 |
| pursuant to sections 5747.20 to 5747.23 of the Revised Code; | 48233 |
| (2) The credit provided under this division shall not exceed | 48234 |
| the portion of the total tax due under section 5747.02 of the | 48235 |
| Revised Code that the amount of the nonresident taxpayer's | 48236 |
| adjusted gross income not allocated to this state pursuant to | 48237 |
| sections 5747.20 to 5747.23 of the Revised Code bears to the total | 48238 |
| adjusted gross income of the nonresident taxpayer derived from all | 48239 |
| sources everywhere. | 48240 |
| (3) The tax commissioner may enter into an agreement with the | 48241 |
| taxing authorities of any state or of the District of Columbia | 48242 |
| that imposes an income tax to provide that compensation paid in | 48243 |
| this state to a nonresident taxpayer shall not be subject to the | 48244 |
| tax levied in section 5747.02 of the Revised Code so long as | 48245 |
| compensation paid in such other state or in the District of | 48246 |
| Columbia to a resident taxpayer shall likewise not be subject to | 48247 |
| the income tax of such other state or of the District of Columbia. | 48248 |
| (B) The lesser of division (B)(1) or (2) of this section: | 48249 |
| (1) The amount of tax otherwise due under section 5747.02 of | 48250 |
| the Revised Code on such portion of the adjusted gross income of a | 48251 |
| resident taxpayer that in another state or in the District of | 48252 |
| Columbia is subjected to an income tax. The credit provided under | 48253 |
| division (B)(1) of this section shall not exceed the portion of | 48254 |
| the total tax due under section 5747.02 of the Revised Code that | 48255 |
| the amount of the resident taxpayer's adjusted gross income | 48256 |
| subjected to an income tax in the other state or in the District | 48257 |
| of Columbia bears to the total adjusted gross income of the | 48258 |
| resident taxpayer derived from all sources everywhere. | 48259 |
| (2) The amount of income tax liability to another state or | 48260 |
| the District of Columbia on the portion of the adjusted gross | 48261 |
| income of a resident taxpayer that in another state or in the | 48262 |
| District of Columbia is subjected to an income tax. The credit | 48263 |
| provided under division (B)(2) of this section shall not exceed | 48264 |
| the amount of tax otherwise due under section 5747.02 of the | 48265 |
| Revised Code. | 48266 |
| (3) If the credit provided under division (B) of this section | 48267 |
| is affected by a change in either the portion of adjusted gross | 48268 |
| income of a resident taxpayer subjected to an income tax in | 48269 |
| another state or the District of Columbia or the amount of income | 48270 |
| tax liability that has been paid to another state or the District | 48271 |
| of Columbia, the taxpayer shall report the change to the tax | 48272 |
| commissioner within sixty days of the change in such form as the | 48273 |
| commissioner requires. | 48274 |
| (a) In the case of an underpayment, the report shall be | 48275 |
| accompanied by payment of any additional tax due as a result of | 48276 |
| the reduction in credit together with interest on the additional | 48277 |
| tax and is a return subject to assessment under section 5747.13 of | 48278 |
| the Revised Code solely for the purpose of assessing any | 48279 |
| additional tax due under this division, together with any | 48280 |
| applicable penalty and interest. It shall not reopen the | 48281 |
| computation of the taxpayer's tax liability under this chapter | 48282 |
| from a previously filed return no longer subject to assessment | 48283 |
| except to the extent that such liability is affected by an | 48284 |
| adjustment to the credit allowed by division (B) of this section. | 48285 |
| (b) In the case of an overpayment, an application for refund | 48286 |
| may be filed under this division within the sixty day period | 48287 |
| prescribed for filing the report even if it is beyond the period | 48288 |
| prescribed in section 5747.11 of the Revised Code if it otherwise | 48289 |
| conforms to the requirements of such section. An application filed | 48290 |
| under this division shall only claim refund of overpayments | 48291 |
| resulting from an adjustment to the credit allowed by division (B) | 48292 |
| of this section unless it is also filed within the time prescribed | 48293 |
| in section 5747.11 of the Revised Code. It shall not reopen the | 48294 |
| computation of the taxpayer's tax liability except to the extent | 48295 |
| that such liability is affected by an adjustment to the credit | 48296 |
| allowed by division (B) of this section. | 48297 |
| (4) No credit shall be allowed under division (B) of this | 48298 |
| section to the extent that for any taxable year the taxpayer has | 48299 |
| directly or indirectly deducted, or was required to directly or | 48300 |
| indirectly deduct, the amount of income tax liability to another | 48301 |
| state or the District of Columbia in computing federal adjusted | 48302 |
| gross income. | 48303 |
| (C) For a taxpayer sixty-five years of age or older during | 48304 |
| the taxable year, a credit for such year equal to fifty dollars | 48305 |
| for each return required to be filed under section 5747.08 of the | 48306 |
| Revised Code. | 48307 |
| (D) A taxpayer sixty-five years of age or older during the | 48308 |
| taxable year who has received a lump-sum distribution from a | 48309 |
| pension, retirement, or profit-sharing plan in the taxable year | 48310 |
| may elect to receive a credit under this division in lieu of the | 48311 |
| credit to which the taxpayer is entitled under division (C) of | 48312 |
| this section. A taxpayer making such election shall receive a | 48313 |
| credit for the taxable year equal to fifty dollars times the | 48314 |
| taxpayer's expected remaining life as shown by annuity tables | 48315 |
| issued under the provisions of the Internal Revenue Code and in | 48316 |
| effect for the calendar year which includes the last day of the | 48317 |
| taxable year. A taxpayer making an election under this division is | 48318 |
| not entitled to the credit authorized under division (C) of this | 48319 |
| section in subsequent taxable years except that if such election | 48320 |
| was made prior to July 1, 1983, the taxpayer is entitled to | 48321 |
| one-half the credit authorized under such division in subsequent | 48322 |
| taxable years but may not make another election under this | 48323 |
| division. | 48324 |
| (E) A taxpayer who is not sixty-five years of age or older | 48325 |
| during the taxable year who has received a lump-sum distribution | 48326 |
| from a pension, retirement, or profit-sharing plan in a taxable | 48327 |
| year ending on or before July 31, 1991, may elect to take a credit | 48328 |
| against the tax otherwise due under this chapter for such year | 48329 |
| equal to fifty dollars times the expected remaining life of a | 48330 |
| taxpayer sixty-five years of age as shown by annuity tables issued | 48331 |
| under the provisions of the Internal Revenue Code and in effect | 48332 |
| for the calendar year which includes the last day of the taxable | 48333 |
| year. A taxpayer making an election under this division is not | 48334 |
| entitled to a credit under division (C) or (D) of this section in | 48335 |
| any subsequent year except that if such election was made prior to | 48336 |
| July 1, 1983, the taxpayer is entitled to one-half the credit | 48337 |
| authorized under division (C) of this section in subsequent years | 48338 |
| but may not make another election under this division. No taxpayer | 48339 |
| may make an election under this division for a taxable year ending | 48340 |
| on or after August 1, 1991. | 48341 |
| (F) A taxpayer making an election under either division (D) | 48342 |
| or (E) of this section may make only one such election in the | 48343 |
| taxpayer's lifetime. | 48344 |
| (G)(1) On a joint return filed by a husband and wife, each of | 48345 |
| whom had adjusted gross income of at least five hundred dollars, | 48346 |
| exclusive of interest, dividends and distributions, royalties, | 48347 |
| rent, and capital gains, a credit equal to the percentage shown in | 48348 |
| the table contained in this division of the amount of tax due | 48349 |
| after allowing for any other credit that precedes the credit under | 48350 |
| this division in the order required under section 5747.98 of the | 48351 |
| Revised Code. | 48352 |
| (2) The credit to which a taxpayer is entitled under this | 48353 |
| division in any taxable year is the percentage shown in column B | 48354 |
| that corresponds with the taxpayer's adjusted gross income, less | 48355 |
| exemptions for the taxable year: | 48356 |
| A. | B. | 48357 |
| IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS: | THE CREDIT FOR THE TAXABLE YEAR IS: | 48358 |
| $25,000 or less | 20% | 48359 | ||
| More than $25,000 but not more than $50,000 | 15% | 48360 | ||
| More than $50,000 but not more than $75,000 | 10% | 48361 | ||
| More than $75,000 | 5% | 48362 |
| (3) The credit allowed under this division shall not exceed | 48363 |
| six hundred fifty dollars in any taxable year. | 48364 |
| (H) No claim for credit under this section shall be allowed | 48365 |
| unless the claimant furnishes such supporting information as the | 48366 |
| tax commissioner prescribes by rules. Each credit under this | 48367 |
| section shall be claimed in the order required under section | 48368 |
| 5747.98 of the Revised Code. | 48369 |
| (I) An individual who is a resident for part of a taxable | 48370 |
| year and a nonresident for the remainder of the taxable year is | 48371 |
| allowed the credits under divisions (A) and (B) of this section in | 48372 |
| accordance with rules prescribed by the tax commissioner. In no | 48373 |
| event shall the same income be subject to both credits. | 48374 |
| (J) The credit allowed under division (A) of this section | 48375 |
| shall be calculated based upon the amount of tax due under section | 48376 |
| 5747.02 of the Revised Code after subtracting any other credits | 48377 |
| that precede the credit under that division in the order required | 48378 |
| under section 5747.98 of the Revised Code. The credit allowed | 48379 |
| under division (B) of this section shall be calculated based upon | 48380 |
| the amount of tax due under section 5747.02 of the Revised Code | 48381 |
| after subtracting any other credits that precede the credit under | 48382 |
| that division in the order required under section 5747.98 of the | 48383 |
| Revised Code. | 48384 |
| (K) No credit shall be allowed under division (B) of this | 48385 |
| section unless the taxpayer furnishes such proof as the tax | 48386 |
| commissioner shall require that the income tax liability has been | 48387 |
| paid to another state or the District of Columbia. | 48388 |
| (L) No credit shall be allowed under division (B) of this | 48389 |
| section for compensation that is not subject to the income tax of | 48390 |
| another state or the District of Columbia as the result of an | 48391 |
| agreement entered into by the tax commissioner under division | 48392 |
| (A)(3) of this section. | 48393 |
| Sec. 5747.056. For taxable years beginning in 2005 or | 48394 |
| thereafter, a credit shall be allowed against the tax imposed by | 48395 |
| section 5747.02 of the Revised Code for an individual whose Ohio | 48396 |
| adjusted gross income less exemptions is ten thousand dollars or | 48397 |
| less. For taxable years beginning in 2005, the credit shall equal | 48398 |
| one hundred seven dollars. For taxable years beginning in 2006, | 48399 |
| the credit shall equal one hundred two dollars. For taxable years | 48400 |
| beginning in 2007, the credit shall equal ninety-eight dollars. | 48401 |
| For taxable years beginning in 2008, the credit shall equal | 48402 |
| ninety-three dollars. For taxable years beginning in 2009 or | 48403 |
| thereafter, the credit shall equal eighty-eight dollars. The | 48404 |
| credit shall be claimed in the order required under section | 48405 |
| 5747.98 of the Revised Code. | 48406 |
| Sec. 5747.08. An annual return with respect to the tax | 48407 |
| imposed by section 5747.02 of the Revised Code and each tax | 48408 |
| imposed under Chapter 5748. of the Revised Code shall be made by | 48409 |
| every taxpayer for any taxable year for which the taxpayer is | 48410 |
| liable for the tax imposed by that section or under that chapter, | 48411 |
| unless the total credits allowed under divisions (E), (F), and (G) | 48412 |
| of section 5747.05 of the Revised Code for the year are equal to | 48413 |
| or exceed the tax imposed by section 5747.02 of the Revised Code, | 48414 |
| in which case no return shall be required unless the taxpayer is | 48415 |
| liable for a tax imposed pursuant to Chapter 5748. of the Revised | 48416 |
| Code. | 48417 |
| (A) If an individual is deceased, any return or notice | 48418 |
| required of that individual under this chapter shall be made and | 48419 |
| filed by that decedent's executor, administrator, or other person | 48420 |
| charged with the property of that decedent. | 48421 |
| (B) If an individual is unable to make a return or notice | 48422 |
| required by this chapter, the return or notice required of that | 48423 |
| individual shall be made and filed by the individual's duly | 48424 |
| authorized agent, guardian, conservator, fiduciary, or other | 48425 |
| person charged with the care of the person or property of that | 48426 |
| individual. | 48427 |
| (C) Returns or notices required of an estate or a trust shall | 48428 |
| be made and filed by the fiduciary of the estate or trust. | 48429 |
| (D)(1)(a) Except as otherwise provided in division (D)(1)(b) | 48430 |
| of this section, any pass-through entity may file a single return | 48431 |
| on behalf of one or more of the entity's investors other than an | 48432 |
| investor that is a person subject to the tax imposed under section | 48433 |
| 5733.06 of the Revised Code. The single return shall set forth the | 48434 |
| name, address, and social security number or other identifying | 48435 |
| number of each of those pass-through entity investors and shall | 48436 |
| indicate the distributive share of each of those pass-through | 48437 |
| entity investor's income taxable in this state in accordance with | 48438 |
| sections 5747.20 to 5747.231 of the Revised Code. Such | 48439 |
| pass-through entity investors for whom the pass-through entity | 48440 |
| elects to file a single return are not entitled to the exemption | 48441 |
| or credit provided for by sections 5747.02 and 5747.022 of the | 48442 |
| Revised Code; shall calculate the tax before business credits at | 48443 |
| the highest rate of tax set forth in section 5747.02 of the | 48444 |
| Revised Code for the taxable year for which the return is filed; | 48445 |
| and are entitled to only their distributive share of the business | 48446 |
| credits as defined in division (D)(2) of this section. A single | 48447 |
| check drawn by the pass-through entity shall accompany the return | 48448 |
| in full payment of the tax due, as shown on the single return, for | 48449 |
| such investors, other than investors who are persons subject to | 48450 |
| the tax imposed under section 5733.06 of the Revised Code. | 48451 |
| (b)(i) A pass-through entity shall not include in such a | 48452 |
| single return any investor that is a trust to the extent that any | 48453 |
| direct or indirect current, future, or contingent beneficiary of | 48454 |
| the trust is a person subject to the tax imposed under section | 48455 |
| 5733.06 of the Revised Code. | 48456 |
| (ii) A pass-through entity shall not include in such a single | 48457 |
| return any investor that is itself a pass-through entity to the | 48458 |
| extent that any direct or indirect investor in the second | 48459 |
| pass-through entity is a person subject to the tax imposed under | 48460 |
| section 5733.06 of the Revised Code. | 48461 |
| (c) Nothing in division (D) of this section precludes the tax | 48462 |
| commissioner from requiring such investors to file the return and | 48463 |
| make the payment of taxes and related interest, penalty, and | 48464 |
| interest penalty required by this section or section 5747.02, | 48465 |
| 5747.09, or 5747.15 of the Revised Code. Nothing in division (D) | 48466 |
| of this section shall be construed to provide to such an investor | 48467 |
| or pass-through entity any additional deduction or credit, other | 48468 |
| than the credit provided by division (J) of this section, solely | 48469 |
| on account of the entity's filing a return in accordance with this | 48470 |
| section. Such a pass-through entity also shall make the filing and | 48471 |
| payment of estimated taxes on behalf of the pass-through entity | 48472 |
| investors other than an investor that is a person subject to the | 48473 |
| tax imposed under section 5733.06 of the Revised Code. | 48474 |
| (2) For the purposes of this section, "business credits" | 48475 |
| means the credits listed in section 5747.98 of the Revised Code | 48476 |
| excluding the following credits: | 48477 |
| (a) The retirement credit under division (B) of section | 48478 |
| 5747.055 of the Revised Code; | 48479 |
| (b) The senior citizen credit under division (C) of section | 48480 |
| 5747.05 of the Revised Code; | 48481 |
| (c) The lump sum distribution credit under division (D) of | 48482 |
| section 5747.05 of the Revised Code; | 48483 |
| (d) The dependent care credit under section 5747.054 of the | 48484 |
| Revised Code; | 48485 |
| (e) The lump sum retirement income credit under division (C) | 48486 |
| of section 5747.055 of the Revised Code; | 48487 |
| (f) The lump sum retirement income credit under division (D) | 48488 |
| of section 5747.055 of the Revised Code; | 48489 |
| (g) The lump sum retirement income credit under division (E) | 48490 |
| of section 5747.055 of the Revised Code; | 48491 |
| (h) The credit for displaced workers who pay for job training | 48492 |
| under section 5747.27 of the Revised Code; | 48493 |
| (i) The twenty-dollar personal exemption credit under section | 48494 |
| 5747.022 of the Revised Code; | 48495 |
| (j) The joint filing credit under division (G) of section | 48496 |
| 5747.05 of the Revised Code; | 48497 |
| (k) The nonresident credit under division (A) of section | 48498 |
| 5747.05 of the Revised Code; | 48499 |
| (l) The credit for a resident's out-of-state income under | 48500 |
| division (B) of section 5747.05 of the Revised Code; | 48501 |
| (m) The low-income credit under section 5747.056 of the | 48502 |
| Revised Code. | 48503 |
| (3) The election provided for under division (D) of this | 48504 |
| section applies only to the taxable year for which the election is | 48505 |
| made by the pass-through entity. Unless the tax commissioner | 48506 |
| provides otherwise, this election, once made, is binding and | 48507 |
| irrevocable for the taxable year for which the election is made. | 48508 |
| Nothing in this division shall be construed to provide for any | 48509 |
| deduction or credit that would not be allowable if a nonresident | 48510 |
| pass-through entity investor were to file an annual return. | 48511 |
| (4) If a pass-through entity makes the election provided for | 48512 |
| under division (D) of this section, the pass-through entity shall | 48513 |
| be liable for any additional taxes, interest, interest penalty, or | 48514 |
| penalties imposed by this chapter if the commissioner finds that | 48515 |
| the single return does not reflect the correct tax due by the | 48516 |
| pass-through entity investors covered by that return. Nothing in | 48517 |
| this division shall be construed to limit or alter the liability, | 48518 |
| if any, imposed on pass-through entity investors for unpaid or | 48519 |
| underpaid taxes, interest, interest penalty, or penalties as a | 48520 |
| result of the pass-through entity's making the election provided | 48521 |
| for under division (D) of this section. For the purposes of | 48522 |
| division (D) of this section, "correct tax due" means the tax that | 48523 |
| would have been paid by the pass-through entity had the single | 48524 |
| return been filed in a manner reflecting the commissioner's | 48525 |
| findings. Nothing in division (D) of this section shall be | 48526 |
| construed to make or hold a pass-through entity liable for tax | 48527 |
| attributable to a pass-through entity investor's income from a | 48528 |
| source other than the pass-through entity electing to file the | 48529 |
| single return. | 48530 |
| (E) If a husband and wife file a joint federal income tax | 48531 |
| return for a taxable year, they shall file a joint return under | 48532 |
| this section for that taxable year, and their liabilities are | 48533 |
| joint and several, but, if the federal income tax liability of | 48534 |
| either spouse is determined on a separate federal income tax | 48535 |
| return, they shall file separate returns under this section. | 48536 |
| If either spouse is not required to file a federal income tax | 48537 |
| return and either or both are required to file a return pursuant | 48538 |
| to this chapter, they may elect to file separate or joint returns, | 48539 |
| and, pursuant to that election, their liabilities are separate or | 48540 |
| joint and several. If a husband and wife file separate returns | 48541 |
| pursuant to this chapter, each must claim the taxpayer's own | 48542 |
| exemption, but not both, as authorized under section 5747.02 of | 48543 |
| the Revised Code on the taxpayer's own return. | 48544 |
| (F) Each return or notice required to be filed under this | 48545 |
| section shall contain the signature of the taxpayer or the | 48546 |
| taxpayer's duly authorized agent and of the person who prepared | 48547 |
| the return for the taxpayer, and shall include the taxpayer's | 48548 |
| social security number. Each return shall be verified by a | 48549 |
| declaration under the penalties of perjury. The tax commissioner | 48550 |
| shall prescribe the form that the signature and declaration shall | 48551 |
| take. | 48552 |
| (G) Each return or notice required to be filed under this | 48553 |
| section shall be made and filed as required by section 5747.04 of | 48554 |
| the Revised Code, on or before the fifteenth day of April of each | 48555 |
| year, on forms that the tax commissioner shall prescribe, together | 48556 |
| with remittance made payable to the treasurer of state in the | 48557 |
| combined amount of the state and all school district income taxes | 48558 |
| shown to be due on the form, unless the combined amount shown to | 48559 |
| be due is one dollar or less, in which case that amount need not | 48560 |
| be remitted. | 48561 |
| Upon good cause shown, the commissioner may extend the period | 48562 |
| for filing any notice or return required to be filed under this | 48563 |
| section and may adopt rules relating to extensions. If the | 48564 |
| extension results in an extension of time for the payment of any | 48565 |
| state or school district income tax liability with respect to | 48566 |
| which the return is filed, the taxpayer shall pay at the time the | 48567 |
| tax liability is paid an amount of interest computed at the rate | 48568 |
| per annum prescribed by section 5703.47 of the Revised Code on | 48569 |
| that liability from the time that payment is due without extension | 48570 |
| to the time of actual payment. Except as provided in section | 48571 |
| 5747.132 of the Revised Code, in addition to all other interest | 48572 |
| charges and penalties, all taxes imposed under this chapter or | 48573 |
| Chapter 5748. of the Revised Code and remaining unpaid after they | 48574 |
| become due, except combined amounts due of one dollar or less, | 48575 |
| bear interest at the rate per annum prescribed by section 5703.47 | 48576 |
| of the Revised Code until paid or until the day an assessment is | 48577 |
| issued under section 5747.13 of the Revised Code, whichever occurs | 48578 |
| first. | 48579 |
| If the commissioner considers it necessary in order to ensure | 48580 |
| the payment of the tax imposed by section 5747.02 of the Revised | 48581 |
| Code or any tax imposed under Chapter 5748. of the Revised Code, | 48582 |
| the commissioner may require returns and payments to be made | 48583 |
| otherwise than as provided in this section. | 48584 |
| (H) If any report, claim, statement, or other document | 48585 |
| required to be filed, or any payment required to be made, within a | 48586 |
| prescribed period or on or before a prescribed date under this | 48587 |
| chapter is delivered after that period or that date by United | 48588 |
| States mail to the agency, officer, or office with which the | 48589 |
| report, claim, statement, or other document is required to be | 48590 |
| filed, or to which the payment is required to be made, the date of | 48591 |
| the postmark stamped on the cover in which the report, claim, | 48592 |
| statement, or other document, or payment is mailed shall be deemed | 48593 |
| to be the date of delivery or the date of payment. | 48594 |
| If a payment is required to be made by electronic funds | 48595 |
| transfer pursuant to section 5747.072 of the Revised Code, the | 48596 |
| payment is considered to be made when the payment is received by | 48597 |
| the treasurer of state or credited to an account designated by the | 48598 |
| treasurer of state for the receipt of tax payments. | 48599 |
| "The date of the postmark" means, in the event there is more | 48600 |
| than one date on the cover, the earliest date imprinted on the | 48601 |
| cover by the United States postal service. | 48602 |
| (I) The amounts withheld by the employer pursuant to section | 48603 |
| 5747.06 of the Revised Code shall be allowed to the recipient of | 48604 |
| the compensation as credits against payment of the appropriate | 48605 |
| taxes imposed on the recipient by section 5747.02 and under | 48606 |
| Chapter 5748. of the Revised Code. | 48607 |
| (J) If, in accordance with division (D) of this section, a | 48608 |
| pass-through entity elects to file a single return and if any | 48609 |
| investor is required to file the return and make the payment of | 48610 |
| taxes required by this chapter on account of the investor's other | 48611 |
| income that is not included in a single return filed by a | 48612 |
| pass-through entity, the investor is entitled to a refundable | 48613 |
| credit equal to the investor's proportionate share of the tax paid | 48614 |
| by the pass-through entity on behalf of the investor. The investor | 48615 |
| shall claim the credit for the investor's taxable year in which or | 48616 |
| with which ends the taxable year of the pass-through entity. | 48617 |
| Nothing in this chapter shall be construed to allow any credit | 48618 |
| provided in this chapter to be claimed more than once. For the | 48619 |
| purposes of computing any interest, penalty, or interest penalty, | 48620 |
| the investor shall be deemed to have paid the refundable credit | 48621 |
| provided by this division on the day that the pass-through entity | 48622 |
| paid the estimated tax or the tax giving rise to the credit. | 48623 |
| Sec. 5747.70. (A) In computing Ohio adjusted gross income, a | 48624 |
| deduction from federal adjusted gross income is allowed to a | 48625 |
| contributor for the amount contributed during the taxable year to | 48626 |
| a variable college savings program account and to a purchaser of | 48627 |
|
tuition
| 48628 |
| created by Chapter 3334. of the Revised Code to the extent that | 48629 |
| the amounts of such contributions and purchases were not deducted | 48630 |
| in determining the contributor's or purchaser's federal adjusted | 48631 |
| gross income for the taxable year. The combined amount of | 48632 |
| contributions and purchases deducted in any taxable year by a | 48633 |
| taxpayer or the taxpayer and the taxpayer's spouse, regardless of | 48634 |
| whether the taxpayer and the taxpayer's spouse file separate | 48635 |
| returns or a joint return, is limited to two thousand dollars for | 48636 |
| each beneficiary for whom contributions or purchases are made. If | 48637 |
| the combined annual contributions and purchases for a beneficiary | 48638 |
| exceed two thousand dollars, the excess may be carried forward and | 48639 |
| deducted in future taxable years until the contributions and | 48640 |
| purchases have been fully deducted. | 48641 |
| (B) In computing Ohio adjusted gross income, a deduction from | 48642 |
| federal adjusted gross income is allowed for: | 48643 |
| (1) Income related to tuition
| 48644 |
| that as of the end of the taxable year have not been refunded | 48645 |
| pursuant to the termination of a tuition payment contract or | 48646 |
| variable college savings program account under section 3334.10 of | 48647 |
| the Revised Code, to the extent that such income is included in | 48648 |
| federal adjusted gross income. | 48649 |
| (2) The excess of the total purchase price of tuition
| 48650 |
| units refunded during the taxable year pursuant to the termination | 48651 |
| of a tuition payment contract under section 3334.10 of the Revised | 48652 |
| Code over the amount of the refund, to the extent the amount of | 48653 |
| the excess was not deducted in determining federal adjusted gross | 48654 |
|
income. Division
(B)(2) of this section applies
only to
| 48655 |
| units for which no deduction was allowable under division (A) of | 48656 |
| this section. | 48657 |
| (C) In computing Ohio adjusted gross income, there shall be | 48658 |
| added to federal adjusted gross income the amount of loss related | 48659 |
|
to
tuition
| 48660 |
| the taxable year have not been refunded pursuant to the | 48661 |
| termination of a tuition payment contract or variable college | 48662 |
| savings program account under section 3334.10 of the Revised Code, | 48663 |
| to the extent that such loss was deducted in determining federal | 48664 |
| adjusted gross income. | 48665 |
| (D) For taxable years in which distributions or refunds are | 48666 |
| made under a tuition payment or variable college savings program | 48667 |
| contract for any reason other than payment of tuition or other | 48668 |
| higher education expenses, or the beneficiary's death, disability, | 48669 |
| or receipt of a scholarship as described in section 3334.10 of the | 48670 |
| Revised Code: | 48671 |
| (1) If the distribution or refund is paid to the purchaser or | 48672 |
| contributor or beneficiary, any portion of the distribution or | 48673 |
| refund not included in the recipient's federal adjusted gross | 48674 |
| income shall be added to the recipient's federal adjusted gross | 48675 |
| income in determining the recipient's Ohio adjusted gross income, | 48676 |
| except that the amount added shall not exceed amounts previously | 48677 |
| deducted under division (A) of this section less any amounts added | 48678 |
| under division (D)(1) of this section in a prior taxable year. | 48679 |
| (2) If amounts paid by a purchaser or contributor on or after | 48680 |
| January 1, 2000, are distributed or refunded to someone other than | 48681 |
| the purchaser or contributor or beneficiary, the amount of the | 48682 |
| payment not included in the recipient's federal adjusted gross | 48683 |
| income, less any amounts added under division (D) of this section | 48684 |
| in a prior taxable year, shall be added to the recipient's federal | 48685 |
| adjusted gross income in determining the recipient's Ohio adjusted | 48686 |
| gross income. | 48687 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 48688 |
| calculating the amount of tax due under section 5747.02 of the | 48689 |
| Revised Code, a taxpayer shall claim any credits to which the | 48690 |
| taxpayer is entitled in the following order: | 48691 |
| (1) The retirement income credit under division (B) of | 48692 |
| section 5747.055 of the Revised Code; | 48693 |
| (2) The senior citizen credit under division (C) of section | 48694 |
| 5747.05 of the Revised Code; | 48695 |
| (3) The lump sum distribution credit under division (D) of | 48696 |
| section 5747.05 of the Revised Code; | 48697 |
| (4) The dependent care credit under section 5747.054 of the | 48698 |
| Revised Code; | 48699 |
| (5) The lump sum retirement income credit under division (C) | 48700 |
| of section 5747.055 of the Revised Code; | 48701 |
| (6) The lump sum retirement income credit under division (D) | 48702 |
| of section 5747.055 of the Revised Code; | 48703 |
| (7) The lump sum retirement income credit under division (E) | 48704 |
| of section 5747.055 of the Revised Code; | 48705 |
| (8) The low-income credit under section 5747.056 of the | 48706 |
| Revised Code; | 48707 |
| (9) The credit for displaced workers who pay for job training | 48708 |
| under section 5747.27 of the Revised Code; | 48709 |
| | 48710 |
| 5747.29 of the Revised Code; | 48711 |
| | 48712 |
| section 5747.022 of the Revised Code; | 48713 |
| | 48714 |
| section 5747.05 of the Revised Code; | 48715 |
| | 48716 |
| 5747.05 of the Revised Code; | 48717 |
| | 48718 |
| under division (B) of section 5747.05 of the Revised Code; | 48719 |
| | 48720 |
| with child day-care centers under section 5747.34 of the Revised | 48721 |
| Code; | 48722 |
| | 48723 |
| child day-care expenses under section 5747.36 of the Revised Code; | 48724 |
| | 48725 |
| section 5747.37 of the Revised Code; | 48726 |
| | 48727 |
| under section 5747.38 of the Revised Code; | 48728 |
| | 48729 |
| section 5747.058 of the Revised Code; | 48730 |
| | 48731 |
| venture capital program under sections 150.01 to 150.10 of the | 48732 |
| Revised Code if the taxpayer elected a nonrefundable credit under | 48733 |
| section 150.07 of the Revised Code; | 48734 |
| | 48735 |
| machinery and equipment under section 5747.26 or section 5747.261 | 48736 |
| of the Revised Code; | 48737 |
| | 48738 |
| machinery and equipment and the credit for using Ohio coal under | 48739 |
| section 5747.31 of the Revised Code; | 48740 |
| | 48741 |
| Revised Code; | 48742 |
| | 48743 |
| the Revised Code; | 48744 |
| | 48745 |
| voluntary action under section 5747.32 of the Revised Code; | 48746 |
| | 48747 |
| child day-care centers under section 5747.35 of the Revised Code; | 48748 |
| | 48749 |
| 5747.75 of the Revised Code; | 48750 |
| | 48751 |
| production property under section 5747.28 of the Revised Code; | 48752 |
| | 48753 |
| the Revised Code; | 48754 |
| | 48755 |
| technology transfer investors under section 5747.33 of the Revised | 48756 |
| Code; | 48757 |
| | 48758 |
| the Revised Code; | 48759 |
| | 48760 |
| 5747.331 of the Revised Code; | 48761 |
| | 48762 |
| (A) of section 5747.058 of the Revised Code; | 48763 |
| | 48764 |
| entity granted under section 5747.059 of the Revised Code; | 48765 |
| | 48766 |
| qualifying pass-through entity granted under division (J) of | 48767 |
| section 5747.08 of the Revised Code; | 48768 |
| | 48769 |
| division (B)(1) of section 5747.062 of the Revised Code; | 48770 |
| | 48771 |
| venture capital program under sections 150.01 to 150.10 of the | 48772 |
| Revised Code if the taxpayer elected a refundable credit under | 48773 |
| section 150.07 of the Revised Code. | 48774 |
| (B) For any credit, except the credits enumerated in | 48775 |
| divisions (A) | 48776 |
| granted under division (I) of section 5747.08 of the Revised Code, | 48777 |
| the amount of the credit for a taxable year shall not exceed the | 48778 |
| tax due after allowing for any other credit that precedes it in | 48779 |
| the order required under this section. Any excess amount of a | 48780 |
| particular credit may be carried forward if authorized under the | 48781 |
| section creating that credit. Nothing in this chapter shall be | 48782 |
| construed to allow a taxpayer to claim, directly or indirectly, a | 48783 |
| credit more than once for a taxable year. | 48784 |
| Sec. 5749.02. (A) For the purpose of providing revenue to | 48785 |
| administer the state's coal mining and reclamation regulatory | 48786 |
| program, to meet the environmental and resource management needs | 48787 |
| of this state, and to reclaim land affected by mining, an excise | 48788 |
| tax is hereby levied on the privilege of engaging in the severance | 48789 |
| of natural resources from the soil or water of this state. The tax | 48790 |
| shall be imposed upon the severer and shall be: | 48791 |
| (1) Seven cents per ton of coal; | 48792 |
| (2) Four cents per ton of salt; | 48793 |
| (3) Two cents per ton of limestone or dolomite; | 48794 |
| (4) Two cents per ton of sand and gravel; | 48795 |
| (5) Ten cents per barrel of oil; | 48796 |
| (6) Two and one-half cents per thousand cubic feet of natural | 48797 |
| gas; | 48798 |
| (7) One cent per ton of clay, sandstone or conglomerate, | 48799 |
| shale, gypsum, or quartzite. | 48800 |
| (B) Of the moneys received by the treasurer of state from the | 48801 |
| tax levied in division (A)(1) of this section, six and | 48802 |
| three-tenths per cent shall be credited to the geological mapping | 48803 |
| fund created in section 1505.09 of the Revised Code, fourteen and | 48804 |
| two-tenths per cent shall be credited to the reclamation | 48805 |
| forfeiture fund created in section 1513.18 of the Revised Code, | 48806 |
| fifty-seven and nine-tenths per cent shall be credited to the coal | 48807 |
| mining administration and reclamation reserve fund created in | 48808 |
| section 1513.181 of the Revised Code, and the remainder shall be | 48809 |
| credited to the unreclaimed lands fund created in section 1513.30 | 48810 |
| of the Revised Code. When, at any time during a fiscal year, the | 48811 |
| chief of the division of mineral resources management finds that | 48812 |
| the balance of the coal mining administration and reclamation | 48813 |
| reserve fund is below two million dollars, the chief shall certify | 48814 |
| that fact to the director of budget and management. Upon receipt | 48815 |
| of the chief's certification, the director shall direct the | 48816 |
| 48817 | |
| mining administration and reclamation reserve fund during the | 48818 |
| remainder of the fiscal year for which the certification is made | 48819 |
| the fourteen and two-tenths per cent of the moneys collected from | 48820 |
| the tax levied in division (A)(1) of this section and otherwise | 48821 |
| required by this division to be credited to the reclamation | 48822 |
| forfeiture fund. | 48823 |
| Fifteen per cent of the moneys received by the treasurer of | 48824 |
| state from the tax levied in division (A)(2) of this section shall | 48825 |
| be credited to the geological mapping fund and the remainder shall | 48826 |
| be credited to the unreclaimed lands fund. | 48827 |
| Of the moneys received by the treasurer of state from the tax | 48828 |
| levied in divisions (A)(3) and (4) of this section, seven and | 48829 |
| five-tenths per cent shall be credited to the geological mapping | 48830 |
| fund, forty-two and five-tenths per cent shall be credited to the | 48831 |
| unreclaimed lands fund, and the remainder shall be credited to the | 48832 |
| surface mining fund created in section 1514.06 of the Revised | 48833 |
| Code. | 48834 |
| Of the moneys received by the treasurer of state from the tax | 48835 |
| levied in divisions (A)(5) and (6) of this section, ninety per | 48836 |
| cent shall be credited to the oil and gas well fund created in | 48837 |
| section 1509.02 of the Revised Code and ten per cent shall be | 48838 |
| credited to the geological mapping fund. All of the moneys | 48839 |
| received by the treasurer of state from the tax levied in division | 48840 |
| (A)(7) of this section shall be credited to the surface mining | 48841 |
| fund. | 48842 |
| (C) For the purpose of paying the state's expenses for | 48843 |
| reclaiming mined lands that the operator failed to reclaim under a | 48844 |
| coal mining and reclamation permit issued under Chapter 1513. of | 48845 |
| the Revised Code, or under a surface mining permit issued under | 48846 |
| Chapter 1514. of the Revised Code, for which the operator's bond | 48847 |
| is not sufficient to pay the state's expense for reclamation, | 48848 |
| there is hereby levied an excise tax on the privilege of engaging | 48849 |
| in the severance of coal from the soil or water of this state in | 48850 |
| addition to the taxes levied by divisions (A)(1) and (D) of this | 48851 |
| section. The tax shall be imposed at the rate of one cent per ton | 48852 |
| of coal. Moneys received by the treasurer of state from the tax | 48853 |
| levied under this division shall be credited to the reclamation | 48854 |
| forfeiture fund created in section 1513.18 of the Revised Code. | 48855 |
| (D) For the purpose of paying the state's expenses for | 48856 |
| reclaiming coal mined lands that the operator failed to reclaim in | 48857 |
| accordance with Chapter 1513. of the Revised Code under a coal | 48858 |
| mining and reclamation permit issued after April 10, 1972, but | 48859 |
| before September 1, 1981, for which the operator's bond is not | 48860 |
| sufficient to pay the state's expense for reclamation and paying | 48861 |
| the expenses for administering the state's coal mining and | 48862 |
| reclamation regulatory program, there is hereby levied an excise | 48863 |
| tax on the privilege of engaging in the severance of coal from the | 48864 |
| soil or water of this state in addition to the taxes levied by | 48865 |
| divisions (A)(1) and (C) of this section. The tax shall be imposed | 48866 |
| at the rate of one cent per ton of coal as prescribed in this | 48867 |
| division. Moneys received by the treasurer of state from the tax | 48868 |
| levied by this division shall be credited to the reclamation | 48869 |
| forfeiture fund created in section 1513.18 of the Revised Code. | 48870 |
| When, at the close of any fiscal year, the chief finds that | 48871 |
| the balance of the reclamation forfeiture fund, plus estimated | 48872 |
| transfers to it from the coal mining and reclamation reserve fund | 48873 |
| under section 1513.181 of the Revised Code, plus the estimated | 48874 |
| revenues from the tax levied by this division for the remainder of | 48875 |
| the calendar year that includes the close of the fiscal year, are | 48876 |
| sufficient to complete the reclamation of such lands, the purposes | 48877 |
| for which the tax under this division is levied shall be deemed | 48878 |
| accomplished at the end of that calendar year. The chief, within | 48879 |
| thirty days after the close of the fiscal year, shall certify | 48880 |
| those findings to the tax commissioner, and the tax shall cease to | 48881 |
| be imposed after the last day of that calendar year. | 48882 |
| (E) On the day fixed for the payment of the severance taxes | 48883 |
| required to be paid by this section, the taxes with any penalties | 48884 |
| or interest on them shall become a lien on all property of the | 48885 |
| taxpayer in this state whether the property is employed by the | 48886 |
| taxpayer in the prosecution of its business or is in the hands of | 48887 |
| an assignee, trustee, or receiver for the benefit of creditors or | 48888 |
| stockholders. The lien shall continue until the taxes and any | 48889 |
| penalties or interest thereon are paid. | 48890 |
| Upon failure of the taxpayer to pay a tax on the day fixed | 48891 |
| for payment, the tax commissioner may file, for which no filing | 48892 |
| fee shall be charged, in the office of the county recorder in each | 48893 |
| county in this state in which the taxpayer owns or has a | 48894 |
| beneficial interest in real estate, notice of the lien containing | 48895 |
| a brief description of the real estate. The lien shall not be | 48896 |
| valid as against any mortgagee, purchaser, or judgment creditor | 48897 |
| whose rights have attached prior to the time the notice is filed | 48898 |
| in the county in which the real estate that is the subject of the | 48899 |
| mortgage, purchase, or judgment lien is located. The notice shall | 48900 |
| be recorded in a book kept by the recorder called the "severance | 48901 |
| tax lien record" and indexed under the name of the taxpayer | 48902 |
| charged with the tax. When the tax has been paid, the tax | 48903 |
| commissioner shall furnish to the taxpayer an acknowledgement of | 48904 |
| payment, which the taxpayer may record with the recorder of each | 48905 |
| county in which notice of the lien has been filed. | 48906 |
| Sec. 5751.01. As used in this chapter: | 48907 |
| (A) "Person" means, but is not limited to, individuals, | 48908 |
| combinations of individuals of any form, receivers, assignees, | 48909 |
| trustees in bankruptcy, firms, joint-stock companies, business | 48910 |
| trusts, estates, partnerships, limited liability companies, | 48911 |
| associations, joint ventures, clubs, societies, for-profit and | 48912 |
| nonprofit corporations, trusts, entities that are disregarded for | 48913 |
| federal income tax purposes, and any other entities. "Person" does | 48914 |
| not include the state, its agencies, and its political | 48915 |
| subdivisions. | 48916 |
| (B) "Consolidated elected taxpayer" means a group of two or | 48917 |
| more persons treated as a single taxpayer for purposes of this | 48918 |
| chapter as the result of an election made under section 5751.011 | 48919 |
| of the Revised Code. | 48920 |
| (C) "Combined taxpayer" means a group of two or more persons | 48921 |
| treated as a single taxpayer for purposes of this chapter as the | 48922 |
| result of an election made under section 5751.012 of the Revised | 48923 |
| Code. | 48924 |
| (D) "Taxpayer" means any person, or any group of persons in | 48925 |
| the case of a consolidated elected taxpayer or combined taxpayer | 48926 |
| treated as one taxpayer, required to register or pay tax under | 48927 |
| this chapter. "Taxpayer," for a given tax period, excludes all of | 48928 |
| the following: | 48929 |
| (1) A public utility, as defined in division (A) of section | 48930 |
| 5727.01 of the Revised Code, that paid the excise tax imposed by | 48931 |
| section 5727.24 or 5727.30 of the Revised Code based on a | 48932 |
| measurement period that includes the entire tax period under this | 48933 |
| chapter; | 48934 |
| (2) A financial institution, as defined in section 5725.01 of | 48935 |
| the Revised Code, that paid the corporation franchise tax charged | 48936 |
| by division (D) of section 5733.06 of the Revised Code based on a | 48937 |
| taxable year that includes the entire tax period under this | 48938 |
| chapter; | 48939 |
| (3) A dealer in intangibles, as defined in section 5725.01 of | 48940 |
| the Revised Code, that paid the dealer in intangibles tax levied | 48941 |
| by division (D) of section 5707.03 of the Revised Code based on a | 48942 |
| measurement period that includes the entire tax period under this | 48943 |
| chapter; | 48944 |
| (4) A domestic insurance company or foreign insurance | 48945 |
| company, as defined in section 5725.01 of the Revised Code, that | 48946 |
| paid the insurance company premiums tax imposed by section 5725.18 | 48947 |
| or Chapter 5729. of the Revised Code based on a measurement period | 48948 |
| that includes the entire tax period under this chapter; | 48949 |
| (5) Any person with not more than forty thousand dollars of | 48950 |
| taxable gross receipts during the calendar year. Division (D)(5) | 48951 |
| of this section does not apply to a person that is a member of a | 48952 |
| group that is a consolidated elected taxpayer or a combined | 48953 |
| taxpayer. | 48954 |
| (E) "Gross receipts" means the total amount realized, without | 48955 |
| deduction for the cost of goods sold or other expenses incurred, | 48956 |
| in a transaction or transactions from activities that contribute | 48957 |
| to the production of gross income, including the fair market value | 48958 |
| of any property and any services received, and any debt | 48959 |
| transferred or forgiven as consideration, and including the total | 48960 |
| amount realized with regard to unrelated business income of | 48961 |
| tax-exempt organizations under the Internal Revenue Code. | 48962 |
| (1) The following are examples of gross receipts: | 48963 |
| (a) Amounts realized from the sale, exchange, or other | 48964 |
| disposition of the taxpayer's property to or with another; | 48965 |
| (b) Amounts realized from the taxpayer's performance of | 48966 |
| services for another; | 48967 |
| (c) Amounts realized from another's use or possession of the | 48968 |
| taxpayer's property or capital; | 48969 |
| (d) Amounts realized with regard to the taxpayer's unrelated | 48970 |
| business income; | 48971 |
| (e) Any combination of the foregoing amounts. | 48972 |
| (2) "Gross receipts" excludes the following amounts if such | 48973 |
| amounts are not received in the ordinary course of the taxpayer's | 48974 |
| trade or business and are not a form of payment for a transaction | 48975 |
| listed in division (E)(1) of this section: | 48976 |
| (a) Interest income; | 48977 |
| (b) Dividend income and distributions received; | 48978 |
| (c) Receipts from the sale, exchange, or other disposition of | 48979 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 48980 |
| Code, without regard to the length of time the person held the | 48981 |
| asset; | 48982 |
| (d) Proceeds received attributable to the repayment, | 48983 |
| maturity, or redemption of the principal of a loan, bond, mutual | 48984 |
| fund, certificate of deposit, or marketable instrument; | 48985 |
| (e) The principal amount received under a repurchase | 48986 |
| agreement or on account of any transaction properly characterized | 48987 |
| as a loan to the person; | 48988 |
| (f) Contributions received by a trust, plan, or other | 48989 |
| arrangement, any of which is described in section 501(a) of the | 48990 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 48991 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 48992 |
| (g) Compensation, whether current or deferred, and whether in | 48993 |
| cash or in kind, received or to be received by an employee for | 48994 |
| services rendered to or for an employer, including reimbursements | 48995 |
| received by or for an individual for medical or education | 48996 |
| expenses, health insurance premiums, or employee expenses, or on | 48997 |
| account of a dependent care spending account, legal services plan, | 48998 |
| any cafeteria plan described in section 125 of the Internal | 48999 |
| Revenue Code, or any similar employee reimbursement; | 49000 |
| (h) Proceeds received from the issuance of the taxpayer's own | 49001 |
| stock, options, warrants, puts, or calls, or from the sale of the | 49002 |
| person's treasury stock; | 49003 |
| (i) Proceeds received on the account of payments from life | 49004 |
| insurance policies; | 49005 |
| (j) Gifts or charitable contributions received, membership | 49006 |
| dues received, and payments received for educational courses, | 49007 |
| meetings, meals, or similar payments to a trade, professional, or | 49008 |
| other similar association; fundraising receipts received by any | 49009 |
| person when any excess receipts are donated or used exclusively | 49010 |
| for charitable purposes; and proceeds received by a nonprofit | 49011 |
| except those proceeds realized with regard to its unrelated | 49012 |
| business income; | 49013 |
| (k) Damages received as the result of litigation in excess of | 49014 |
| amounts that, if received without litigation, would be gross | 49015 |
| receipts; | 49016 |
| (l) Property, money, and other amounts received or acquired | 49017 |
| by an agent on behalf of another in excess of the agent's | 49018 |
| commission, fee, or other remuneration; | 49019 |
| (m) Tax refunds and other tax benefit recoveries; | 49020 |
| (n) Pension reversions; | 49021 |
| (o) Contributions to capital; | 49022 |
| (p) Sales or use taxes collected as a vendor or an | 49023 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 49024 |
| consumer; | 49025 |
| (q) Any receipts for which the tax imposed by this chapter is | 49026 |
| prohibited by the constitution or laws of the United States or the | 49027 |
| constitution of this state. | 49028 |
| (3) Gross receipts shall be calculated on an accrual basis | 49029 |
| unless the person is not required to use that basis for federal | 49030 |
| income tax purposes. In calculating gross receipts, the following | 49031 |
| shall be deducted: | 49032 |
| (a) Cash discounts allowed and taken; | 49033 |
| (b) Returns and allowances; | 49034 |
| (c) Bad debts from receipts upon which the tax imposed by | 49035 |
| this chapter was paid in a prior tax period. For the purposes of | 49036 |
| this division, "bad debts" mean any debts that have become | 49037 |
| worthless or uncollectible between the preceding and current tax | 49038 |
| periods, have been uncollected for at least six months, and may be | 49039 |
| claimed as a deduction under section 126 of the Internal Revenue | 49040 |
| Code and the regulations adopted pursuant thereto, or that could | 49041 |
| be claimed as such if the taxpayer kept its accounts on the | 49042 |
| accrual basis. "Bad debts" does not include uncollectible amounts | 49043 |
| on property that remains in the possession of the taxpayer until | 49044 |
| the full purchase price is paid, expenses in attempting to collect | 49045 |
| any account receivable or for any portion of the debt recovered, | 49046 |
| and repossessed property. | 49047 |
| (F) "Taxable gross receipts" means gross receipts sitused to | 49048 |
| this state under section 5751.02 of the Revised Code. | 49049 |
| (G) A person has "substantial nexus with this state" if any | 49050 |
| of the following applies. The person: | 49051 |
| (1) Owns or uses a part or all of its capital in this state; | 49052 |
| (2) Holds a certificate of compliance with the laws of this | 49053 |
| state authorizing the person to do business in this state; | 49054 |
| (3) Owns or leases property in this state; | 49055 |
| (4) Has one or more individuals performing services in this | 49056 |
| state; | 49057 |
| (5) Has bright-line presence in this state; | 49058 |
| (6) Otherwise has nexus with this state to an extent that the | 49059 |
| person can be required to remit the tax imposed under this chapter | 49060 |
| under the constitution of the United States. | 49061 |
| (H) A person has "bright-line presence" in this state for a | 49062 |
| reporting period and for the remaining portion of the calendar | 49063 |
| year if any of the following applies. The person: | 49064 |
| (1) Has property in this state with an aggregate value of at | 49065 |
| least fifty thousand dollars. For the purpose of division (H)(1) | 49066 |
| of this section, owned property is valued at original cost and | 49067 |
| rented property is valued at eight times the net annual rental | 49068 |
| charge. | 49069 |
| (2) Has payroll in this state of at least fifty thousand | 49070 |
| dollars. Payroll in this state includes both of the following: | 49071 |
| (a) Any amount subject to withholding by the person under | 49072 |
| section 5747.06 of the Revised Code; | 49073 |
| (b) Any other amount the person pays as compensation to an | 49074 |
| individual under the supervision or control of the person for work | 49075 |
| done in this state; | 49076 |
| (3) Has taxable gross receipts in this state of at least five | 49077 |
| hundred thousand dollars; | 49078 |
| (4) Has within this state at least twenty-five per cent of | 49079 |
| the person's total property, total payroll, or total sales; | 49080 |
| (5) Is domiciled in this state as an individual or for | 49081 |
| corporate, commercial, or other business purposes. | 49082 |
| (I) "Tangible personal property" has the same meaning as in | 49083 |
| section 5739.01 of the Revised Code. | 49084 |
| (J) "Internal Revenue Code" means the Internal Revenue Code | 49085 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 49086 |
| this chapter that is not otherwise defined has the same meaning as | 49087 |
| when used in a comparable context in the laws of the United States | 49088 |
| relating to federal income taxes unless a different meaning is | 49089 |
| clearly required. Any reference in this chapter to the Internal | 49090 |
| Revenue Code includes other laws of the United States relating to | 49091 |
| federal income taxes. | 49092 |
| (K) "Calendar quarter" means a three-month period ending on | 49093 |
| the thirty-first day of March, the thirtieth day of June, the | 49094 |
| thirtieth day of September, or the thirty-first day of December. | 49095 |
| (L) "Tax period" means the calendar quarter or calendar year | 49096 |
| on the basis of which a taxpayer is required to pay the tax | 49097 |
| imposed under this chapter. | 49098 |
| (M) "Calendar year taxpayer" means a taxpayer for which the | 49099 |
| tax period is a calendar year. | 49100 |
| (N) "Calendar quarter taxpayer" means a taxpayer for which | 49101 |
| the tax period is a calendar quarter. | 49102 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 49103 |
| to be a consolidated taxpayer for the purposes of this chapter if | 49104 |
| the group satisfies all of the following requirements: | 49105 |
| (1) The group includes all persons, other than persons | 49106 |
| enumerated in divisions (D)(1) to (4) of section 5751.01 of the | 49107 |
| Revised Code, having at least fifty per cent of the value of their | 49108 |
| ownership interests owned or controlled, directly or | 49109 |
| constructively through related interests, by common owners; | 49110 |
| (2) The group applies to the tax commissioner for approval to | 49111 |
| be treated as a consolidated elected taxpayer pursuant to division | 49112 |
| (B) of this section; | 49113 |
| (3) The group agrees that if the commissioner approves the | 49114 |
| election, all of the following apply: | 49115 |
| (a) The group shall file reports as a single taxpayer for at | 49116 |
| least the next eight calendar quarters following the election so | 49117 |
| long at least two or more of the members of the group meet the | 49118 |
| requirements of division (B)(1) of this section. | 49119 |
| (b) Before the expiration of the eighth such calendar | 49120 |
| quarter, the group shall notify the commissioner if it elects to | 49121 |
| cancel its designation as a consolidated elected taxpayer. If the | 49122 |
| group does not so notify the tax commissioner, the election | 49123 |
| remains in effect for another eight calendar quarters. | 49124 |
| (c) If, at any time during any of those eight calendar | 49125 |
| quarters following the election, a former member of the group no | 49126 |
| longer meets the requirements under division (A)(1) of this | 49127 |
| section, that member shall report and pay the tax imposed under | 49128 |
| this chapter either separately or as a member of a combined | 49129 |
| taxpayer. | 49130 |
| (d) The group agrees to the application of division (B) of | 49131 |
| this section. | 49132 |
| (B) A group of persons making the election under this section | 49133 |
| shall report and pay tax on all of the group's taxable gross | 49134 |
| receipts even if substantial nexus with this state does not exist | 49135 |
| for one or more persons in the group. | 49136 |
| (C) A consolidated elected taxpayer shall exclude taxable | 49137 |
| gross receipts between its members other than taxable gross | 49138 |
| receipts from the sale of goods or services for any member's own | 49139 |
| use in this state. Nothing in this section shall have the effect | 49140 |
| of excluding taxable gross receipts received from persons that are | 49141 |
| not members of the group. | 49142 |
| (D) To make the election to be a consolidated elected | 49143 |
| taxpayer, a group of persons shall apply to the tax commissioner | 49144 |
| and pay the commissioner a registration fee equal to the lesser of | 49145 |
| two hundred dollars or twenty dollars for each person in the | 49146 |
| group. No additional fee shall be imposed for the addition of new | 49147 |
| members to the group once the group has remitted a fee in the | 49148 |
| amount of two hundred dollars. The fee shall be timely paid before | 49149 |
| the later of the beginning of the first calendar quarter to which | 49150 |
| the election applies or November 15, 2005. The fee shall be | 49151 |
| collected and used in the same manner as provided in section | 49152 |
| 5751.05 of the Revised Code. | 49153 |
| The election shall be made on a form prescribed by the tax | 49154 |
| commissioner for that purpose and shall be signed by one or more | 49155 |
| individuals with authority, separately or together, to make a | 49156 |
| binding election on behalf of all persons in the group. The tax | 49157 |
| commissioner shall approve a group's election if the group | 49158 |
| satisfies the requirements of division (A) of this section. | 49159 |
| Any person acquired or formed after the filing of the | 49160 |
| registration shall be included in the group, and the group shall | 49161 |
| notify the tax commissioner of any additions to the group with the | 49162 |
| next tax return it files with the commissioner. | 49163 |
| (E) Each member of a consolidated elected taxpayer is jointly | 49164 |
| and severally liable for the tax imposed by this chapter and any | 49165 |
| penalties or interest thereon. The tax commissioner may require | 49166 |
| one person in the group to be the taxpayer for purposes of | 49167 |
| registration and remittance of the tax, but all members of the | 49168 |
| group are subject to assessment under section 5751.09 of the | 49169 |
| Revised Code. | 49170 |
| Sec. 5751.012. (A) All persons, other than persons | 49171 |
| enumerated in divisions (D)(1) to (4) of section 5751.01 of the | 49172 |
| Revised Code, having more than fifty per cent of the value of | 49173 |
| their ownership interest owned or controlled, directly or | 49174 |
| constructively through related interests, by common owners shall | 49175 |
| be members of a combined taxpayer if those persons are not members | 49176 |
| of a consolidated elected taxpayer pursuant to an election under | 49177 |
| section 5751.011 of the Revised Code. | 49178 |
| (B) A combined taxpayer shall register, file returns, and pay | 49179 |
| taxes under this chapter as a single taxpayer, and each member is | 49180 |
| jointly and severally liable for the tax imposed by this chapter | 49181 |
| and any penalties or interest thereon. | 49182 |
| (C) A combined taxpayer shall neither exclude taxable gross | 49183 |
| receipts between its members nor from others that are not members. | 49184 |
| (D) A combined taxpayer shall pay to the tax commissioner a | 49185 |
| registration fee equal to the lesser of two hundred dollars or | 49186 |
| twenty dollars for each person in the group. No additional fee | 49187 |
| shall be imposed for the addition of new members to the group once | 49188 |
| the group has remitted a fee in the amount of two hundred dollars. | 49189 |
| The fee shall be timely paid before the later of the beginning of | 49190 |
| the first calendar quarter to which the election applies or | 49191 |
| November 15, 2005. The fee shall be collected and used in the same | 49192 |
| manner as provided in section 5751.05 of the Revised Code. | 49193 |
| Any person acquired or formed after the filing of the | 49194 |
| registration shall be included in the group, and the group must | 49195 |
| notify the tax commissioner of any additions with the next tax | 49196 |
| return it files with the commissioner. | 49197 |
| (E) Each member of a combined taxpayer is jointly and | 49198 |
| severally liable for the tax imposed by this chapter and any | 49199 |
| penalties or interest thereon. The tax commissioner may require | 49200 |
| one person in the group to be the taxpayer for purposes of | 49201 |
| registration and remittance of the tax, but all members of the | 49202 |
| group are subject to assessment under section 5751.09 of the | 49203 |
| Revised Code. | 49204 |
| Sec. 5751.02. For the purposes of this chapter, gross | 49205 |
| receipts shall be sitused to this state as follows: | 49206 |
| (A) Gross rents and royalties from real property located in | 49207 |
| this state shall be sitused to this state. | 49208 |
| (B) Gross rents and royalties from tangible personal property | 49209 |
| shall be sitused to this state to the extent the tangible personal | 49210 |
| property is located or used in this state. | 49211 |
| (C) Gross receipts from the sale of electricity and electric | 49212 |
| transmission and distribution services shall be sitused to this | 49213 |
| state in the manner provided under section 5733.059 of the Revised | 49214 |
| Code. | 49215 |
| (D) Gross receipts from the sale of real property located in | 49216 |
| this state shall be sitused to this state. | 49217 |
| (E) Gross receipts from the sale of tangible personal | 49218 |
| property shall be sitused to this state if the property is | 49219 |
| received in this state by the purchaser. In the case of delivery | 49220 |
| of tangible personal property by common carrier or by other means | 49221 |
| of transportation, the place at which such property is ultimately | 49222 |
| received after all transportation has been completed shall be | 49223 |
| considered the place where the purchaser receives the property. | 49224 |
| Direct delivery in this state, other than for purposes of | 49225 |
| transportation, to a person or firm designated by a purchaser | 49226 |
| constitutes delivery to the purchaser in this state, and direct | 49227 |
| delivery outside this state to a person or firm designated by a | 49228 |
| purchaser does not constitute delivery to the purchaser in this | 49229 |
| state, regardless of where title passes or other conditions of | 49230 |
| sale. | 49231 |
| (F) Gross receipts from the sale, exchange, disposition, or | 49232 |
| other grant of the right to use trademarks, trade names, patents, | 49233 |
| copyrights, and similar intellectual property shall be sitused to | 49234 |
| this state to the extent that the receipts are based on the amount | 49235 |
| of use of the property in this state. If the receipts are not | 49236 |
| based on the amount of use of the property, but rather on the | 49237 |
| right to use the property, and the payor has the right to use the | 49238 |
| property in this state, then the receipts from the sale, exchange, | 49239 |
| disposition, or other grant of the right to use such property | 49240 |
| shall be sitused to this state to the extent the receipts are | 49241 |
| based on the right to use the property in this state. | 49242 |
| (G) Gross receipts from the sale of services, and all other | 49243 |
| gross receipts not otherwise sitused under this section, shall be | 49244 |
| sitused to this state in the proportion that the purchaser's | 49245 |
| benefit in this state with respect to what was purchased bears to | 49246 |
| the purchaser's benefit everywhere with respect to what was | 49247 |
| purchased. The physical location where the purchaser ultimately | 49248 |
| uses or receives the benefit of what was purchased shall be taken | 49249 |
| into consideration when determining the proportion of the benefit | 49250 |
| in this state to the benefit everywhere. | 49251 |
| (H) If the situsing provisions of divisions (A) to (G) of | 49252 |
| this section do not fairly represent the extent of a person's | 49253 |
| activity in this state, the person may request, or the tax | 49254 |
| commissioner may require or permit, an alternative method. Such | 49255 |
| request by a person must be made within the applicable statute of | 49256 |
| limitations set forth in this chapter. | 49257 |
| (I) The tax commissioner may adopt rules to provide | 49258 |
| additional guidance to the application of this section, and | 49259 |
| provide alternative methods of situsing gross receipts that apply | 49260 |
| to all persons, or subset of persons, that are engaged in similar | 49261 |
| business or trade activities. | 49262 |
| Sec. 5751.03. (A)(1) For the purpose of funding the needs of | 49263 |
| this state and its local governments, beginning with the tax | 49264 |
| period that commences July 1, 2005, and continuing for every tax | 49265 |
| period thereafter, there is hereby levied a commercial activity | 49266 |
| tax on each person with taxable gross receipts in this state for | 49267 |
| the privilege of doing business in this state. The excise tax | 49268 |
| levied under this section is not a tax on or measured by net | 49269 |
| income and is in addition to any other taxes of fees imposed under | 49270 |
| the Revised Code. | 49271 |
| (2) The tax imposed by this section is a tax on the taxpayer | 49272 |
| and shall not be billed or invoiced to another person. Even if the | 49273 |
| tax or any portion thereof is billed or invoiced and separately | 49274 |
| stated, such amounts remain part of the price for purposes of the | 49275 |
| sales and use taxes levied under Chapters 5739. and 5741. of the | 49276 |
| Revised Code. | 49277 |
| (B) Except as provided in division (C) of this section and in | 49278 |
| section 5751.031 of the Revised Code, the tax levied under this | 49279 |
| section for each tax period shall be the product of two and | 49280 |
| six-tenths mills per dollar times the remainder of the taxpayer's | 49281 |
| taxable gross receipts for the tax period after subtracting the | 49282 |
| exemption amount provided for in division (D) of this section. | 49283 |
| (C) Notwithstanding division (D) of this section, the tax on | 49284 |
| the first one million dollars in taxable gross receipts each | 49285 |
| calendar year shall be one hundred dollars. For calendar year | 49286 |
| 2006, the tax imposed under this division shall be paid not later | 49287 |
| than May 10, 2006, by both calendar year taxpayers and calendar | 49288 |
| quarter taxpayers. For calendar year 2007 and thereafter, the tax | 49289 |
| imposed under this division shall be paid with the fourth-quarter | 49290 |
| tax return or annual tax return for the prior calendar year by | 49291 |
| both calendar year taxpayers and calendar quarter taxpayers. | 49292 |
| (D)(1) Each calendar quarter taxpayer may exclude the first | 49293 |
| two hundred fifty thousand dollars of taxable gross receipts for a | 49294 |
| calendar quarter and may carry forward and apply any unused | 49295 |
| exclusion amount to the three subsequent calendar quarters. Each | 49296 |
| calendar year taxpayer may exclude the first one million dollars | 49297 |
| of taxable gross receipts for a calendar year. | 49298 |
| (2) A taxpayer switching from a calendar year tax period to a | 49299 |
| calendar quarter tax period may, for the first quarter of the | 49300 |
| change, apply the prior calendar quarter exclusion amounts to the | 49301 |
| first calendar quarter return the taxpayer files that calendar | 49302 |
| year. The tax rate shall be based on the rate imposed that | 49303 |
| calendar quarter when the taxpayer switches from a calendar year | 49304 |
| to a calendar quarter tax period. | 49305 |
| Sec. 5751.031. This section applies only to calendar quarter | 49306 |
| taxpayers. The tax imposed per calendar quarter under division (B) | 49307 |
| of section 5751.03 of the Revised Code shall be computed as | 49308 |
| follows: | 49309 |
| (A) From January 1, 2006, to March 31, 2006, by multiplying | 49310 |
| the tax otherwise due under that division by twenty-three per | 49311 |
| cent; | 49312 |
| (B) From April 1, 2006, to March 31, 2007, by multiplying the | 49313 |
| tax otherwise due under that division by forty per cent; | 49314 |
| (C) From April 1, 2007, to March 31, 2008, by multiplying the | 49315 |
| tax otherwise due under that division by sixty per cent; | 49316 |
| (D) From April 1, 2008, to March 31, 2009, by multiplying the | 49317 |
| tax otherwise due under that division by eighty per cent; | 49318 |
| (E) After March 31, 2008, one hundred per cent of the tax due | 49319 |
| under that division. | 49320 |
| Sec. 5751.032. From its inception through June 30, 2007, the | 49321 |
| commercial activity tax levied by section 5751.03 of the Revised | 49322 |
| Code is intended to generate eight hundred fifteen million | 49323 |
| dollars. Not later than September 30, 2007, the tax commissioner | 49324 |
| shall determine the total amount of tax paid under section 5751.03 | 49325 |
| of the Revised Code, excluding registration fees, that was | 49326 |
| collected from the inception of the tax through June 30, 2007. If | 49327 |
| such amount is less than ninety per cent or greater than one | 49328 |
| hundred ten per cent of eight hundred fifteen million dollars, | 49329 |
| then, for purposes of taxable periods after calendar year 2007, | 49330 |
| the tax rate in division (B) of section 5751.03 of the Revised | 49331 |
| Code shall be adjusted to reflect the tax rate that would have | 49332 |
| generated eight hundred fifteen million dollars of tax from the | 49333 |
| inception of the tax through June 30, 2007. Upon making such | 49334 |
| adjustment, the commissioner shall report and certify the adjusted | 49335 |
| tax rate to the governor, the president of the senate, the speaker | 49336 |
| of the house of representatives, and all members of the general | 49337 |
| assembly. The commissioner shall publish the revised rate by | 49338 |
| journal entry and provide notice to taxpayers of the revised rate. | 49339 |
| Sec. 5751.04. (A) If a person subject to this chapter | 49340 |
| anticipates that the person's taxable gross receipts will be less | 49341 |
| than one million dollars in calendar year 2006, the person may | 49342 |
| elect to be a calendar year taxpayer. If a person is not required | 49343 |
| to be registered under this section for calendar year 2006 and | 49344 |
| anticipates that the person's taxable gross receipts will be less | 49345 |
| than one million dollars in the first calendar year the person is | 49346 |
| required to register under this section, the person may elect to | 49347 |
| be a calendar year taxpayer. | 49348 |
| (B) Any person that is a calendar year taxpayer pursuant to | 49349 |
| an election under division (A) of this section shall become a | 49350 |
| calendar quarter taxpayer in the subsequent calendar year if the | 49351 |
| person's taxable gross receipts for the prior calendar year are | 49352 |
| one million dollars or more, and shall remain a calendar quarter | 49353 |
| taxpayer until the person notifies the tax commissioner, and | 49354 |
| receives approval in writing from the tax commissioner, to switch | 49355 |
| back to being a calendar year taxpayer. Nothing in this division | 49356 |
| prohibits a person that has elected to be a calendar year taxpayer | 49357 |
| from notifying the tax commissioner, using the procedures | 49358 |
| prescribed by the commissioner, that it is switching back to being | 49359 |
| a calendar quarter taxpayer. | 49360 |
| (C) Any taxpayer that is not a calendar year taxpayer | 49361 |
| pursuant to this section is a calendar quarter taxpayer. The tax | 49362 |
| commissioner may grant written approval for a calendar quarter | 49363 |
| taxpayer to use an alternative reporting schedule or estimate the | 49364 |
| amount of tax due for a calendar quarter if the taxpayer | 49365 |
| demonstrates to the commissioner the need for such a deviation. | 49366 |
| The commissioner may adopt a rule to apply division (C) of this | 49367 |
| section to a group of taxpayers without the taxpayers having to | 49368 |
| receive written approval from the commissioner. | 49369 |
| Sec. 5751.05. (A)(1) Not later than forty days after the end | 49370 |
| of each calendar quarter, every taxpayer other than a calendar | 49371 |
| year taxpayer shall file with the tax commissioner, a tax return | 49372 |
| in such form as the commissioner prescribes. The return shall | 49373 |
| include, but is not limited to, the amount of the taxpayer's | 49374 |
| taxable gross receipts for the calendar quarter and shall indicate | 49375 |
| the amount of tax due under section 5751.03 of the Revised Code | 49376 |
| for the calendar quarter. | 49377 |
| (2) Not later than forty days after the end of each calendar | 49378 |
| year, every calendar year taxpayer shall file with the tax | 49379 |
| commissioner a tax return in such form as the commissioner | 49380 |
| prescribes. The return shall include, but is not limited to, the | 49381 |
| amount of the taxpayer's taxable gross receipts for the calendar | 49382 |
| year and shall indicate the amount of tax due under section | 49383 |
| 5751.03 of the Revised Code for the calendar year. | 49384 |
| (B) Not later than the later of November 15, 2005, or thirty | 49385 |
| days after first having taxable gross receipts in excess of the | 49386 |
| amount in division (D)(5) of section 5751.01 of the Revised Code, | 49387 |
| each person subject to this chapter shall register with the tax | 49388 |
| commissioner on the form prescribed by the commissioner. The form | 49389 |
| shall include the following: | 49390 |
| (1) The person's name; | 49391 |
| (2) If applicable, the name of the state or country under the | 49392 |
| laws of which the person is incorporated; | 49393 |
| (3) If applicable, the location of a person's principal | 49394 |
| office, and, in the case of a foreign corporation, the location of | 49395 |
| its principal place of business in this state and the name and | 49396 |
| address of the officer or agent of the corporation in charge of | 49397 |
| the business in this state; | 49398 |
| (4) If applicable, the names of the person's president, | 49399 |
| secretary, treasurer, and statutory agent designated pursuant to | 49400 |
| section 1703.041 of the Revised Code, with the post office address | 49401 |
| of each; | 49402 |
| (5) The kind of business in which the person is engaged, | 49403 |
| including applicable business or industry codes; | 49404 |
| (6) The date of the beginning of the person's annual | 49405 |
| accounting period that includes the first day of January of the | 49406 |
| taxable calendar year; | 49407 |
| (7) If the person is not a corporation or a sole proprietor, | 49408 |
| the names of all the person's owners and officers; | 49409 |
| (8) The person's federal employer identification number or | 49410 |
| numbers or, if those are not applicable, the person's social | 49411 |
| security number or equivalent; | 49412 |
| (9) If the person elects to be a calendar year taxpayer under | 49413 |
| section 5751.04 of the Revised Code, a statement that the person | 49414 |
| is a calendar year taxpayer; | 49415 |
| (10) All other information that the commissioner requires to | 49416 |
| administer and enforce this chapter. | 49417 |
| (C) A registration fee of fifteen dollars shall be imposed on | 49418 |
| each timely registration received electronically by the tax | 49419 |
| commissioner. If such timely registration or payment is not made | 49420 |
| electronically, the fee shall be twenty dollars. A late | 49421 |
| registration or a registration without the proper fee shall be | 49422 |
| subject to an additional fee of up to one hundred dollars per | 49423 |
| month or part thereof, not to exceed a total of one thousand | 49424 |
| dollars. The tax commissioner may abate the additional fee. The | 49425 |
| fee may be assessed in the same manner as the tax imposed under | 49426 |
| this chapter. Proceeds from the fee shall be credited to the | 49427 |
| commercial activity tax administrative fund, which is hereby | 49428 |
| created for the commissioner to use in implementing and | 49429 |
| administering the tax imposed under this chapter. | 49430 |
| No registration fee is payable by a person for a calendar | 49431 |
| year if the person first begins business operations in this state | 49432 |
| after the thirtieth day of November of that calendar year or if | 49433 |
| the person's taxable gross receipts for the calendar year exceed | 49434 |
| forty thousand dollars but do not exceed forty thousand dollars as | 49435 |
| of the first day of December of the calendar year. | 49436 |
| (D) If a person that has registered under this section is no | 49437 |
| longer a taxpayer subject to this chapter, including no longer | 49438 |
| being a taxpayer because of the application of division (D)(5) of | 49439 |
| section 5751.01 of the Revised Code, the person shall notify the | 49440 |
| commissioner that the person's registration should be cancelled. | 49441 |
| (E) If a person subject to this chapter fails to comply with | 49442 |
| any provision of this chapter, the tax commissioner, after | 49443 |
| providing the person with an informal hearing on the matter, may | 49444 |
| revoke a person's registration by issuing a final determination. | 49445 |
| (F) No person shall conduct any business in this state | 49446 |
| without complying with all registration, filing, and payment | 49447 |
| requirements of this chapter or after the person's registration is | 49448 |
| cancelled or revoked. | 49449 |
| (G) A person that does not have an active registration under | 49450 |
| this section shall not generate taxable gross receipts. | 49451 |
| (H) A person that first becomes subject to this chapter | 49452 |
| during a calendar quarter on or after January 1, 2006, shall pay | 49453 |
| the minimum tax imposed under division (C) of section 5751.03 of | 49454 |
| the Revised Code along with the registration fee imposed under | 49455 |
| this section on or before the day the return is required to be | 49456 |
| filed for that quarter under division (A)(1) of this section, | 49457 |
| regardless of whether the person elects to be a calendar year | 49458 |
| taxpayer under section 5751.04 of the Revised Code. | 49459 |
| The amount of the minimum tax shall be reduced to fifty | 49460 |
| dollars if the registration is timely filed after the first day of | 49461 |
| May and before the first day of December of the calendar year. | 49462 |
| Sec. 5751.06. (A) Any taxpayer that fails to file a return | 49463 |
| or pay the full amount of the tax due within the period prescribed | 49464 |
| therefor under this chapter shall pay a penalty in an amount not | 49465 |
| exceeding the greater of fifty dollars or ten per cent of the tax | 49466 |
| required to be paid for the tax period. | 49467 |
| (B)(1) If any additional tax is found to be due, the tax | 49468 |
| commissioner may impose an additional penalty of up to fifteen per | 49469 |
| cent on the additional tax found to be due. | 49470 |
| (2) Any delinquent payments of the tax made after a taxpayer | 49471 |
| is notified of an audit or a tax discrepancy by the commissioner | 49472 |
| is subject to the penalty imposed by division (B) of this section. | 49473 |
| If an assessment is issued under section 5751.10 of the Revised | 49474 |
| Code in connection with such delinquent payments, the payments | 49475 |
| shall be credited to the assessment. | 49476 |
| (C) After calendar year 2008, the tax commissioner may impose | 49477 |
| an additional penalty against a taxpayer that fails to switch to | 49478 |
| being a calendar quarter taxpayer at the time it had over two | 49479 |
| million in taxable gross receipts in the calendar year, as | 49480 |
| required under section 5751.04 of the Revised Code. The penalty | 49481 |
| may be imposed in an amount not to exceed ten per cent of the tax | 49482 |
| due above two million dollars in taxable gross receipts for the | 49483 |
| calendar year. Any penalty imposed under this division is in | 49484 |
| addition to any other penalties imposed under this section. | 49485 |
| (D) If the tax commissioner notifies a person required to | 49486 |
| register under section 5751.05 of the Revised Code of such | 49487 |
| requirement and of the requirement to remit the tax due under this | 49488 |
| chapter, and the person fails to so register and remit the tax | 49489 |
| within sixty days after such notice, the tax commissioner may | 49490 |
| impose an additional penalty of up to thirty-five per cent of the | 49491 |
| tax due. The penalty imposed under this division is in addition to | 49492 |
| any other penalties imposed under this section. | 49493 |
| (E) The tax commissioner may collect any penalty or interest | 49494 |
| imposed by this section in the same manner as the tax imposed | 49495 |
| under this chapter. Penalties and interest so collected shall be | 49496 |
| considered as revenue arising from the tax imposed under this | 49497 |
| chapter. | 49498 |
| (F) The tax commissioner may abate all or a portion of any | 49499 |
| penalties imposed under this section and may adopt rules governing | 49500 |
| such abatements. | 49501 |
| (G) If any tax due is not timely paid in accordance with this | 49502 |
| chapter, the taxpayer shall pay interest, calculated at the rate | 49503 |
| per annum prescribed by section 5703.47 of the Revised Code, from | 49504 |
| the date the tax payment was due to the date of payment or to the | 49505 |
| date an assessment was issued, whichever occurs first. | 49506 |
| Sec. 5751.07. (A) Any person required to file returns for a | 49507 |
| calendar quarter shall remit each tax payment, and, if required by | 49508 |
| the tax commissioner, file the tax return, electronically. The | 49509 |
| commissioner may require taxpayers to use the Ohio business | 49510 |
| gateway as defined in section 718.051 of the Revised Code to file | 49511 |
| returns and remit the tax, or may provide another means for | 49512 |
| taxpayers to file and remit the tax electronically. | 49513 |
| (B) A person required by this section to remit taxes or file | 49514 |
| returns electronically may apply to the tax commissioner, on the | 49515 |
| form prescribed by the commissioner, to be excused from that | 49516 |
| requirement. The commissioner may excuse a person from the | 49517 |
| requirements of this division for good cause. | 49518 |
| (C)(1) If a person required to remit taxes or file a return | 49519 |
| electronically under this section fails to do so, the commissioner | 49520 |
| may impose a penalty not to exceed the following: | 49521 |
| (a) For either of the first two calendar quarters the person | 49522 |
| so fails, five per cent of the amount of the payment that was | 49523 |
| required to be remitted; | 49524 |
| (b) For the third and any subsequent calendar quarters the | 49525 |
| person so fails, ten per cent of the amount of the payment that | 49526 |
| was required to be remitted. | 49527 |
| (2) The penalty imposed under division (C)(1) of this section | 49528 |
| is in addition to any other penalty imposed under this chapter and | 49529 |
| shall be considered as revenue arising from the tax imposed under | 49530 |
| this chapter. A penalty may be collected by assessment in the | 49531 |
| manner prescribed by section 5751.09 of the Revised Code. The tax | 49532 |
| commissioner may abate all or a portion of such a penalty. | 49533 |
| Sec. 5751.08. (A) An application for refund to the taxpayer | 49534 |
| of the amount of taxes imposed under section 5751.03 of the | 49535 |
| Revised Code that are overpaid, paid illegally or erroneously, or | 49536 |
| paid on any illegal or erroneous assessment shall be filed with | 49537 |
| the tax commissioner, on the form prescribed by the commissioner, | 49538 |
| within four years after the date of the illegal or erroneous | 49539 |
| payment of the tax. The applicant shall provide the amount of the | 49540 |
| requested refund along with the claimed reasons for, and | 49541 |
| documentation to support, the issuance of a refund. | 49542 |
| (B) On the filing of the refund application, the tax | 49543 |
| commissioner shall determine the amount of refund to which the | 49544 |
| applicant is entitled. If the amount is not less than that | 49545 |
| claimed, the commissioner shall certify the amount to the director | 49546 |
| of budget and management and treasurer of state for payment from | 49547 |
| the tax refund fund created under section 5703.052 of the Revised | 49548 |
| Code. If the amount is less than that claimed, the commissioner | 49549 |
| shall proceed in accordance with section 5703.70 of the Revised | 49550 |
| Code. | 49551 |
| (C) Interest on a refund applied for under this section, | 49552 |
| computed at the rate provided for in section 5703.47 of the | 49553 |
| Revised Code, shall be allowed from the later of the date the tax | 49554 |
| was paid or when the tax payment was due. | 49555 |
| (D) A calendar quarter taxpayer with more than one million | 49556 |
| dollars in taxable gross receipts in a calendar year other than | 49557 |
| calendar year 2005 that is not able to exclude one million dollars | 49558 |
| in taxable gross receipts because of the operation of the | 49559 |
| taxpayer's business in that calendar year may file a refund under | 49560 |
| this section to obtain the full exclusion of one million dollars | 49561 |
| in taxable gross receipts for that calendar year. | 49562 |
| (E) No person with an active registration as a taxpayer under | 49563 |
| this chapter may claim a refund under this section for the tax | 49564 |
| imposed under division (C) of section 5751.03 of the Revised Code | 49565 |
| unless the person cancelled the registration before the tenth day | 49566 |
| of February of the current calendar year pursuant to division (D) | 49567 |
| of section 5751.05 of the Revised Code. | 49568 |
| (F) Except as provided in section 5751.091 of the Revised | 49569 |
| Code, the tax commissioner may, with the consent of the taxpayer, | 49570 |
| provide for the crediting against tax due for a tax period the | 49571 |
| amount of any refund due the taxpayer under this chapter for a | 49572 |
| preceding tax period. | 49573 |
| Sec. 5751.081. As used in this section, "debt to this state" | 49574 |
| means unpaid taxes due the state, unpaid workers' compensation | 49575 |
| premiums due under section 4123.35 of the Revised Code, unpaid | 49576 |
| unemployment compensation contribution due under section 4141.25 | 49577 |
| of the Revised Code, unpaid unemployment compensation payment in | 49578 |
| lieu of contribution under section 4141.241 of the Revised Code, | 49579 |
| unpaid fee payable to the state or to the clerk of courts pursuant | 49580 |
| to section 4505.06 of the Revised Code, incorrect medical | 49581 |
| assistance payments under section 5111.02 of the Revised Code, or | 49582 |
| any unpaid charge, penalty, or interest arising from any of the | 49583 |
| foregoing. | 49584 |
| If a taxpayer entitled to a refund under section 5751.08 of | 49585 |
| the Revised Code owes any debt to this state, the amount | 49586 |
| refundable may be applied in satisfaction of the debt. If the | 49587 |
| amount refundable is less than the amount of the debt, it may be | 49588 |
| applied in partial satisfaction of the debt. If the amount | 49589 |
| refundable is greater than the amount of the debt, the amount | 49590 |
| remaining after satisfaction of the debt shall be refunded. This | 49591 |
| section applies only to debts that have become final. | 49592 |
| Sec. 5751.09. (A) The tax commissioner may make an | 49593 |
| assessment, based on any information in the commissioner's | 49594 |
| possession, against any person that fails to file a return or pay | 49595 |
| any tax as required by this chapter. The commissioner shall give | 49596 |
| the person assessed written notice of the assessment as provided | 49597 |
| in section 5703.37 of the Revised Code. With the notice, the | 49598 |
| commissioner shall provide instructions on the manner in which to | 49599 |
| petition for reassessment and request a hearing with respect to | 49600 |
| the petition. | 49601 |
| (B) Unless the person assessed, within sixty days after | 49602 |
| service of the notice of assessment, files with the tax | 49603 |
| commissioner, either personally or by certified mail, a written | 49604 |
| petition signed by the person or the person's authorized agent | 49605 |
| having knowledge of the facts, the assessment becomes final, and | 49606 |
| the amount of the assessment is due and payable from the person | 49607 |
| assessed to the treasurer of state. The petition shall indicate | 49608 |
| the objections of the person assessed, but additional objections | 49609 |
| may be raised in writing if received by the commissioner prior to | 49610 |
| the date shown on the final determination. | 49611 |
| If a petition for reassessment has been properly filed, the | 49612 |
| commissioner shall proceed under section 5703.60 of the Revised | 49613 |
| Code. | 49614 |
| (C)(1) After an assessment becomes final, if any portion of | 49615 |
| the assessment, including accrued interest, remains unpaid, a | 49616 |
| certified copy of the tax commissioner's entry making the | 49617 |
| assessment final may be filed in the office of the clerk of the | 49618 |
| court of common pleas in the county in which the person resides or | 49619 |
| has its principal place of business in this state, or in the | 49620 |
| office of the clerk of court of common pleas of Franklin county. | 49621 |
| (2) Immediately upon the filing of the entry, the clerk shall | 49622 |
| enter judgment for the state against the person assessed in the | 49623 |
| amount shown on the entry. The judgment may be filed by the clerk | 49624 |
| in a loose-leaf book entitled, "special judgments for the | 49625 |
| commercial activity tax" and shall have the same effect as other | 49626 |
| judgments. Execution shall issue upon the judgment at the request | 49627 |
| of the tax commissioner, and all laws applicable to sales on | 49628 |
| execution shall apply to sales made under the judgment. | 49629 |
| (3) The portion of the assessment not paid within sixty days | 49630 |
| after the day the assessment was issued shall bear interest at the | 49631 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 49632 |
| from the day the tax commissioner issues the assessment until it | 49633 |
| is paid. Interest shall be paid in the same manner as the tax and | 49634 |
| may be collected by the issuance of an assessment under this | 49635 |
| section. | 49636 |
| (D) If the tax commissioner believes that collection of the | 49637 |
| tax will be jeopardized unless proceedings to collect or secure | 49638 |
| collection of the tax are instituted without delay, the | 49639 |
| commissioner may issue a jeopardy assessment against the person | 49640 |
| liable for the tax. Immediately upon the issuance of the jeopardy | 49641 |
| assessment, the commissioner shall file an entry with the clerk of | 49642 |
| the court of common pleas in the manner prescribed by division (C) | 49643 |
| of this section. Notice of the jeopardy assessment shall be served | 49644 |
| on the person assessed or the person's authorized agent in the | 49645 |
| manner provided in section 5703.37 of the Revised Code within five | 49646 |
| days of the filing of the entry with the clerk. The total amount | 49647 |
| assessed is immediately due and payable, unless the person | 49648 |
| assessed files a petition for reassessment in accordance with | 49649 |
| division (B) of this section and provides security in a form | 49650 |
| satisfactory to the commissioner and in an amount sufficient to | 49651 |
| satisfy the unpaid balance of the assessment. Full or partial | 49652 |
| payment of the assessment does not prejudice the commissioner's | 49653 |
| consideration of the petition for reassessment. | 49654 |
| (E) The tax commissioner shall immediately forward to the | 49655 |
| treasurer of state all amounts the commissioner receives under | 49656 |
| this section, and such amounts shall be considered as revenue | 49657 |
| arising from the tax imposed by section 5751.03 of the Revised | 49658 |
| Code. | 49659 |
| (F) Absent fraud, no assessment shall be made or issued | 49660 |
| against a taxpayer for the tax imposed by section 5751.03 of the | 49661 |
| Revised Code more than four years after the due date for the | 49662 |
| filing of the return for the taxable calendar year for which the | 49663 |
| tax was reported, or more than four years after the return for the | 49664 |
| taxable calendar year was filed, whichever is later. Nothing in | 49665 |
| this division bars an assessment against a taxpayer that fails to | 49666 |
| file a report required by this chapter. | 49667 |
| (G) The tax commissioner may use sampling in conducting an | 49668 |
| audit of any person concerning the tax imposed by this chapter. | 49669 |
| The commissioner shall attempt to enter into an agreement with the | 49670 |
| person over the method of sampling used, but the refusal of such | 49671 |
| person to enter into such agreement shall not invalidate the | 49672 |
| sampling. | 49673 |
| (H) If the whereabouts of a person subject to this chapter is | 49674 |
| not known to the tax commissioner, the secretary of state is | 49675 |
| hereby deemed to be that person's agent for purposes of service of | 49676 |
| process of notice of any assessment, action, or proceedings | 49677 |
| instituted in this state against the person under this chapter. | 49678 |
| Such process or notice shall be served on such person by the | 49679 |
| commissioner or by one of the commissioner's agents by leaving at | 49680 |
| the office of the secretary of state, at least fifteen days before | 49681 |
| the return day of such process or notice, a true and attested copy | 49682 |
| of the notice, and by sending to such person by ordinary mail, | 49683 |
| with an endorsement thereon of the service upon the secretary of | 49684 |
| state, addressed to such person at the person's last known | 49685 |
| address. | 49686 |
| Sec. 5751.10. If any person liable for the tax imposed under | 49687 |
| this chapter sells the trade or business, disposes in any manner | 49688 |
| other than in the regular course of business at least seventy-five | 49689 |
| per cent of assets of the trade or business, or quits the trade or | 49690 |
| business, any tax owed by such person shall become due and payable | 49691 |
| immediately, and the person shall pay the tax under this section, | 49692 |
| including any applicable penalties and interest, within fifteen | 49693 |
| days after the date of selling or quitting the trade or business. | 49694 |
| The person's successor shall withhold a sufficient amount of the | 49695 |
| purchase money to cover the amount due and unpaid until the former | 49696 |
| owner produces a receipt from the tax commissioner showing that | 49697 |
| the amounts are paid or a certificate indicating that no taxes are | 49698 |
| due. If a purchaser fails to withhold purchase money, that person | 49699 |
| is personally liable up to the purchase money amount, for such | 49700 |
| amounts that are unpaid during the operation of the business by | 49701 |
| the former owner. | 49702 |
| The tax commissioner may adopt rules regarding the issuance | 49703 |
| of certificates under this section, including the waiver of the | 49704 |
| need for a certificate if certain criteria are met. | 49705 |
| Sec. 5751.11. (A) The tax commissioner may revoke the | 49706 |
| registration of any person failing to pay the taxes and all | 49707 |
| applicable penalties and interest imposed under this chapter after | 49708 |
| the commissioner provides such person at least thirty days written | 49709 |
| notice either personally or by certified mail of the | 49710 |
| commissioner's intent to revoke such registration. It shall be | 49711 |
| unlawful for such person to engage in business in this state after | 49712 |
| such registration is revoked. A final determination revoking a | 49713 |
| registration shall be served in the manner provided by section | 49714 |
| 5703.37 of the Revised Code, and it becomes effective on the tenth | 49715 |
| day after such determination is served. | 49716 |
| (B) A person with a revoked registration may not re-register | 49717 |
| for a new registration unless all applicable taxes, penalties, and | 49718 |
| interest are paid. In addition, no individual with a ten per cent | 49719 |
| or more direct or constructive ownership interest in a trade of | 49720 |
| business may re-register or be an owner in a trade or business | 49721 |
| registering under this chapter unless such amounts are paid. | 49722 |
| Sec. 5751.12. The tax commissioner may prescribe | 49723 |
| requirements for the keeping of records and other pertinent | 49724 |
| documents, the filing of copies of federal income tax returns and | 49725 |
| determinations, and computations reconciling federal income tax | 49726 |
| returns with the return required by this section. The commissioner | 49727 |
| may require any person, by rule or notice served on that person, | 49728 |
| to keep those records that the commissioner considers necessary to | 49729 |
| show whether, and the extent to which, a person is subject to this | 49730 |
| chapter. Those records and other documents shall be open during | 49731 |
| business hours to the inspection of the commissioner, and shall be | 49732 |
| preserved for a period of four years unless the commissioner, in | 49733 |
| writing, consents to their destruction within that period, or by | 49734 |
| order requires that they be kept longer. If such records are | 49735 |
| normally kept by the person electronically, the person shall | 49736 |
| provide such records to the commissioner electronically at the | 49737 |
| commissioner's request. | 49738 |
| Any information required by the tax commissioner under this | 49739 |
| chapter is confidential as provided for in section 5703.21 of the | 49740 |
| Revised Code. However, the commissioner shall make public an | 49741 |
| electronic list of all actively registered persons required to | 49742 |
| remit the tax under this chapter, including legal names, trade | 49743 |
| names, addresses, and account numbers. In addition, such list | 49744 |
| shall include all persons that cancelled or had their registration | 49745 |
| revoked at any time during the preceding four calendar years, | 49746 |
| including the date the registration was cancelled or revoked. | 49747 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 49748 |
| the Revised Code: | 49749 |
| (1) "School district," "joint vocational school district," | 49750 |
| "local taxing unit," "state education aid," "recognized | 49751 |
| valuation," "fixed-rate levy," and "fixed-sum levy" have the same | 49752 |
| meanings as used in section 5727.84 of the Revised Code. | 49753 |
| (2) "State education aid offset" means the amount determined | 49754 |
| for each school district or joint vocational school district under | 49755 |
| division (A)(1) of section 5751.21 of the Revised Code. | 49756 |
| (3) "Machinery and equipment property tax value loss" means | 49757 |
| the amount determined under division (C)(1) of this section. | 49758 |
| (4) "Inventory property tax value loss" means the amount | 49759 |
| determined under division (C)(2) of this section. | 49760 |
| (5) "Machinery and equipment fixed-rate levy loss" means the | 49761 |
| amount determined under division (D)(1) of this section. | 49762 |
| (6) "Inventory fixed-rate levy loss" means the amount | 49763 |
| determined under division (D)(2) of this section. | 49764 |
| (7) "Fixed-sum levy loss" means the amount determined under | 49765 |
| division (E) of this section. | 49766 |
| (8) "Machinery and equipment" means personal property subject | 49767 |
| to the assessment rate specified in division (F) of section | 49768 |
| 5711.22 of the Revised Code. | 49769 |
| (9) "Inventory" means personal property subject to the | 49770 |
| assessment rate specified in division (E) of section 5711.22 of | 49771 |
| the Revised Code. | 49772 |
| (B) The commercial activities tax receipts fund is hereby | 49773 |
| created in the state treasury and shall consist of money arising | 49774 |
| from the tax imposed by section 5751.03 of the Revised Code. All | 49775 |
| money in that fund shall be credited for each fiscal year in the | 49776 |
| following percentages to the general revenue fund, to the school | 49777 |
| district tangible property tax replacement fund, which is hereby | 49778 |
| created in the state treasury for the purpose of making the | 49779 |
| payments described in section 5751.21 of the Revised Code, and to | 49780 |
| the local government tangible property tax replacement fund, which | 49781 |
| is hereby created in the state treasury for the purpose of making | 49782 |
| the payments described in section 5751.22 of the Revised Code, in | 49783 |
| the following percentages: | 49784 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 49785 | |
| 2006 | 83% | 11.9% | 5.1% | 49786 | |
| 2007 | 37.3% | 43.9% | 18.8% | 49787 | |
| 2008 | 27.7% | 50.6% | 21.7% | 49788 | |
| 2009 | 36.2% | 44.6% | 19.1% | 49789 | |
| 2010 | 41.8% | 40.7% | 17.5% | 49790 | |
| 2011 | 36.8% | 44.2% | 19.0% | 49791 | |
| 2012 | 40.0% | 44.2% | 15.8% | 49792 | |
| 2013 | 42.9% | 44.2% | 12.8% | 49793 | |
| 2014 | 45.7% | 44.2% | 10.1% | 49794 | |
| 2015 | 48.2% | 44.2% | 7.6% | 49795 | |
| 2016 | 50.6% | 44.2% | 5.2% | 49796 | |
| 2017 | 52.8% | 44.2% | 3.0% | 49797 | |
| 2018 | 54.8% | 44.2% | 1.0% | 49798 | |
| 2019 and thereafter | 100% | 0% | 0% | 49799 |
| (C) Not later than September 15, 2005, the tax commissioner | 49800 |
| shall determine for each taxing district its machinery and | 49801 |
| equipment and inventory property tax value losses, which are the | 49802 |
| applicable amounts described in divisions (C)(1) and (2) of this | 49803 |
| section: | 49804 |
| (1) Machinery and equipment property tax value loss is the | 49805 |
| taxable value of machinery and equipment property as reported by | 49806 |
| taxpayers for tax year 2004; | 49807 |
| (2) Inventory property value loss is the taxable value of | 49808 |
| inventory property as reported by taxpayers for tax year 2004 | 49809 |
| multiplied by eight hundred twenty-six one-thousandths. | 49810 |
| To facilitate the calculations required under division (C) of | 49811 |
| this section, the county auditor, upon request from the tax | 49812 |
| commissioner, shall provide by August 1, 2005, the values of | 49813 |
| machinery and equipment and inventory for all single-county | 49814 |
| personal property taxpayers for tax year 2004. | 49815 |
| (D) Not later than September 15, 2005, the tax commissioner | 49816 |
| shall determine for each school district, joint vocational school | 49817 |
| district, and local taxing unit its machinery and equipment and | 49818 |
| inventory fixed-rate levy losses, which are the applicable amounts | 49819 |
| described in divisions (D)(1) and (2) of this section: | 49820 |
| (1) The machinery and equipment fixed-rate levy loss is the | 49821 |
| machinery and equipment tax value loss multiplied by the sum of | 49822 |
| the tax rates in effect in tax year 2004 for fixed-rate levies and | 49823 |
| the tax rates for fixed-rate levies applicable to tax year 2005 | 49824 |
| and approved at an election conducted before September 1, 2005; | 49825 |
| (2) The inventory fixed-rate loss is the inventory tax value | 49826 |
| loss multiplied by the sum of the tax rates in effect in tax year | 49827 |
| 2004 for fixed-rate levies and the tax rates for fixed-rate levies | 49828 |
| applicable to tax year 2005 and approved at an election conducted | 49829 |
| before September 1, 2005. | 49830 |
| (E) Not later than September 15, 2005, the tax commissioner | 49831 |
| shall determine for each school district, joint vocational school | 49832 |
| district, and local taxing unit its fixed-sum levy loss. The | 49833 |
| fixed-sum levy loss is the amount obtained by subtracting the | 49834 |
| amount described in division (E)(2) of this section from the | 49835 |
| amount described in division (E)(1) of this section: | 49836 |
| (1) The sum of the machinery and equipment tax value loss and | 49837 |
| the inventory tax value loss, multiplied by the sum of the | 49838 |
| fixed-sum tax rates in effect in tax year 2004 and the estimated | 49839 |
| fixed-sum tax rates for levies applicable to tax year 2005 and | 49840 |
| approved at an election conducted before September 1, 2005. For | 49841 |
| 2006 through 2010, this computation shall include all fixed-sum | 49842 |
| levies that existed in 2004 or that were applicable to tax year | 49843 |
| 2005 and approved at an election conducted before September 1, | 49844 |
| 2005, that continue to be charged in the tax year preceding the | 49845 |
| distribution year. For 2011 through 2017 in the case of school | 49846 |
| district emergency levies, and for all years after 2010 in the | 49847 |
| case of all other fixed-sum levies, this computation shall exclude | 49848 |
| all fixed-sum levies that existed in 2004 or that were applicable | 49849 |
| to tax year 2005 and approved at an election conducted before | 49850 |
| September 1, 2005, but are no longer in effect in the tax year | 49851 |
| preceding the distribution year. For the purpose of this | 49852 |
| computation, an emergency levy that existed in 2004 or was | 49853 |
| applicable to tax year 2005 and approved at an election conducted | 49854 |
| before September 1, 2005, continues to exist in a year beginning | 49855 |
| on or after January 1, 2011, but before January 1, 2018, if, for | 49856 |
| that year, the board of education levies a school district | 49857 |
| emergency levy for an annual sum at least equal to the annual sum | 49858 |
| levied by the board in tax year 2004 less the amount of the | 49859 |
| payment certified under this division for 2006. | 49860 |
| (2) The total taxable value in tax year 2004 less the sum of | 49861 |
| the machinery and equipment and inventory tax value losses in each | 49862 |
| school district, joint vocational school district, and local | 49863 |
| taxing unit multiplied by one-half of one mill per dollar. | 49864 |
| To facilitate the calculation of the fixed-sum levy loss, not | 49865 |
| later than September 1, 2005, any school district or joint | 49866 |
| vocational school district in which a fixed-sum levy applicable to | 49867 |
| tax year 2005 and approved at an election conducted before | 49868 |
| September 1, 2005, shall notify the commissioner in writing of the | 49869 |
| estimated rate at which any such levies would be applied in the | 49870 |
| first year the levies are applicable. | 49871 |
| If the amount determined under division (E) of this section | 49872 |
| for any school district, joint vocational school district, or | 49873 |
| local taxing unit is greater than zero, that amount shall equal | 49874 |
| the reimbursement pursuant to division (D) of section 5751.21 or | 49875 |
| division (A)(2) of section 5751.22 of the Revised Code, and the | 49876 |
| one-half of one mill that is subtracted under division (E)(2) of | 49877 |
| this section shall be apportioned among all contributing fixed-sum | 49878 |
| levies in the proportion of each levy to the sum of all fixed-sum | 49879 |
| levies within each school district, joint vocational school | 49880 |
| district, or local taxing unit. | 49881 |
| (F) Not later than October 1, 2005, the tax commissioner | 49882 |
| shall certify to the department of education for every school | 49883 |
| district and joint vocational school district the machinery and | 49884 |
| equipment and inventory tax value losses determined under division | 49885 |
| (C) of this section, the machinery and equipment and inventory | 49886 |
| fixed-rate levy losses determined under division (D) of this | 49887 |
| section, and the fixed-sum levy losses calculated under division | 49888 |
| (E) of this section. The calculations under divisions (D) and (E) | 49889 |
| of this section shall separately display the levy loss for each | 49890 |
| levy eligible for reimbursement. | 49891 |
| (G) Not later than October 1, 2005, the tax commissioner | 49892 |
| shall certify the amount of the fixed-sum levy losses to the | 49893 |
| county auditor of each county in which a school district, joint | 49894 |
| vocational school district, or local taxing unit with a fixed-sum | 49895 |
| levy loss reimbursement has territory. | 49896 |
| Sec. 5751.21. (A) Not later than the thirty-first day of | 49897 |
| July of 2007 through 2017, the department of education shall | 49898 |
| determine the following for each school district and each joint | 49899 |
| vocational school district eligible for payment under division (B) | 49900 |
| of this section: | 49901 |
| (1) The state education aid offset, which is the difference | 49902 |
| obtained by subtracting the amount described in division (A)(1)(b) | 49903 |
| of this section from the amount described in division (A)(1)(a) of | 49904 |
| this section: | 49905 |
| (a) The state education aid computed for the school district | 49906 |
| or joint vocational school district for the current fiscal year as | 49907 |
| of the thirty-first day of July; | 49908 |
| (b) The state education aid that would be computed for the | 49909 |
| school district or joint vocational school district for the | 49910 |
| current fiscal year as of the thirty-first day of July if the | 49911 |
| recognized valuation included the machinery and equipment and | 49912 |
| inventory tax value losses for the school district or joint | 49913 |
| vocational school district, except that the amount of machinery | 49914 |
| and equipment tax value loss to be added to recognized value for | 49915 |
| fiscal year 2008 shall be fifty per cent of the machinery and | 49916 |
| equipment tax value loss computed under division (C) of this | 49917 |
| section, and the amount of inventory tax value loss to be added to | 49918 |
| recognized value shall be the following percentage of the | 49919 |
| inventory tax value loss computed under division (C) of this | 49920 |
| section: | 49921 |
| (i) For fiscal year 2008 and fiscal year 2009, zero per cent; | 49922 |
| (ii) For fiscal year 2010, twenty-six and three-tenths per | 49923 |
| cent; | 49924 |
| (iii) For fiscal year 2011, fifty-two and six-tenths per | 49925 |
| cent; | 49926 |
| (iv) For fiscal years after 2011, seventy-eight and | 49927 |
| nine-tenths per cent. | 49928 |
| (2) The greater of zero or the difference obtained by | 49929 |
| subtracting the state education aid offset determined under | 49930 |
| division (A)(1) of this section from the sum of the machinery and | 49931 |
| equipment fixed-rate levy loss and the inventory fixed-rate levy | 49932 |
| loss certified under division (F) of section 5751.20 of the | 49933 |
| Revised Code for all taxing districts in each school district and | 49934 |
| joint vocational school district. | 49935 |
| By the fifth day of August of each such year, the department | 49936 |
| of education shall certify the amount so determined under division | 49937 |
| (A)(1) of this section to the director of budget and management. | 49938 |
| (B) The department of education shall pay from the school | 49939 |
| district tangible property tax replacement fund to each school | 49940 |
| district and joint vocational school district all of the | 49941 |
| following: | 49942 |
| (1) On or before May 15, 2006, one-twelfth of the machinery | 49943 |
| and equipment fixed-rate levy loss certified under division (F) of | 49944 |
| section 5751.20 of the Revised Code; | 49945 |
| (2) On or before August 15, 2006, November 15, 2006, and | 49946 |
| February 15, 2007, one-seventh of the machinery and equipment | 49947 |
| fixed-rate levy loss certified under that division; | 49948 |
| (3) On or before May 15, 2007, one-sixth of the machinery and | 49949 |
| equipment fixed-rate levy loss certified under that division; | 49950 |
| (4) On or before August 15, 2007, November 15, 2007, and | 49951 |
| February 15, 2008, one-fourth of the amount determined under | 49952 |
| division (A)(2) of this section; | 49953 |
| (5) On or before May 15, 2008, the sum of one-fourth of the | 49954 |
| amount determined under division (A)(2) of this section and | 49955 |
| forty-four one-thousandths of the inventory fixed-rate levy loss | 49956 |
| certified under division (F) of section 5751.20 of the Revised | 49957 |
| Code; | 49958 |
| (6) On or before August 15, 2008, November 15, 2008, and | 49959 |
| February 15, 2009, the sum of one-fourth of the amount determined | 49960 |
| by subtracting the amount determined under division (A)(1) of this | 49961 |
| section from the amount determined under division (D)(1) of | 49962 |
| section 5751.20 of the Revised Code, but not less than zero, and | 49963 |
| seventy-three one-thousandths of the inventory fixed rate levy | 49964 |
| loss certified under division (F) of section 5751.20 of the | 49965 |
| Revised Code; | 49966 |
| (7) On or before May 15, 2009, the sum of one-fourth of the | 49967 |
| amount determined by subtracting the amount determined under | 49968 |
| division (A)(1) of this section from the amount determined under | 49969 |
| division (D)(1) of section 5751.20 of the Revised Code, but not | 49970 |
| less than zero, and eighty-eight one-thousandths of the inventory | 49971 |
| fixed-rate levy loss certified under division (F) of section | 49972 |
| 5751.20 of the Revised Code; | 49973 |
| (8) On or before August 15, 2009, November 15, 2009, and | 49974 |
| February 15, 2010, the sum of one-fourth of the amount determined | 49975 |
| by subtracting the amount determined under division (A)(1) of this | 49976 |
| section from the amount determined under division (D)(1) of | 49977 |
| section 5751.20 of the Revised Code, but not less than zero, and | 49978 |
| one hundred forty-six one-thousandths of the inventory fixed-rate | 49979 |
| levy loss certified under division (F) of section 5751.20 of the | 49980 |
| Revised Code; | 49981 |
| (9) On or before May 15, 2010, the sum of one-fourth of the | 49982 |
| amount determined by subtracting the amount determined under | 49983 |
| division (A)(1) of this section from the amount determined under | 49984 |
| division (D)(1) of section 5751.20 of the Revised Code, but not | 49985 |
| less than zero, and one hundred thirty-two one-thousandths of the | 49986 |
| inventory fixed-rate levy loss certified under division (F) of | 49987 |
| section 5751.20 of the Revised Code; | 49988 |
| (10) On or before August 15, 2010, November 15, 2010, and | 49989 |
| February 15, 2011, the sum of one-fourth of the amount determined | 49990 |
| by subtracting the amount determined under division (A)(1) of this | 49991 |
| section from the amount determined under division (D)(1) of | 49992 |
| section 5751.20 of the Revised Code, but not less than zero, and | 49993 |
| two hundred nineteen one-thousandths of the inventory fixed-rate | 49994 |
| levy loss certified under division (F) of section 5751.20 of the | 49995 |
| Revised Code; | 49996 |
| (11) On or before May 15, 2011, the sum of one-fourth of the | 49997 |
| amount determined by subtracting the amount determined under | 49998 |
| division (A)(1) of this section from the amount determined under | 49999 |
| division (D)(1) of section 5751.20 of the Revised Code, but not | 50000 |
| less than zero, and one hundred fourteen one-thousandths of the | 50001 |
| inventory fixed-rate levy loss certified under division (F) of | 50002 |
| section 5751.20 of the Revised Code; | 50003 |
| (12) On or before August 15, 2011, November 15, 2011, | 50004 |
| February 15, 2012, and May 15, 2012, two hundred seventeen | 50005 |
| one-thousandths of the amount determined under division (A)(2) of | 50006 |
| this section; | 50007 |
| (13) On or before August 15, 2012, November 15, 2012, | 50008 |
| February 15, 2013, and May 15, 2013, one hundred eighty-three | 50009 |
| one-thousandths of the amount determined under division (A)(2) of | 50010 |
| this section; | 50011 |
| (14) On or before August 15, 2013, November 15, 2013, | 50012 |
| February 15, 2014, and May 15, 2014, one hundred fifty | 50013 |
| one-thousandths of the amount determined under division (A)(2) of | 50014 |
| this section; | 50015 |
| (15) On or before August 15, 2014, November 15, 2014, | 50016 |
| February 15, 2015, and May 15, 2015, one hundred seventeen | 50017 |
| one-thousandths of the amount determined in division (A)(2) of | 50018 |
| this section; | 50019 |
| (16) On or before August 15, 2015, November 15, 2015, | 50020 |
| February 15, 2016, and May 15, 2016, eighty-three one-thousandths | 50021 |
| of the amount determined under division (A)(2) of this section; | 50022 |
| (17) On or before August 15, 2016, November 15, 2016, | 50023 |
| February 15, 2017, and May 15, 2017, fifty one-thousandths of the | 50024 |
| amount determined under division (A)(2) of this section; | 50025 |
| (18) On or before August 15, 2017, November 15, 2017, | 50026 |
| February 15, 2018, and May 15, 2018, seventeen one-thousandths of | 50027 |
| the amount determined in division (A)(2) of this section; | 50028 |
| (19) After May 15, 2018, no payments shall be made under this | 50029 |
| section. | 50030 |
| The department of education shall report to each school | 50031 |
| district and joint vocational school district the apportionment of | 50032 |
| the payments among the school district's or joint vocational | 50033 |
| school district's funds based on the certifications under division | 50034 |
| (F) of section 5751.20 of the Revised Code. | 50035 |
| (C) For taxes levied within the ten-mill limitation for debt | 50036 |
| purposes in tax year 2004, payments shall be made equal to one | 50037 |
| hundred per cent of the loss computed as if the tax were a | 50038 |
| fixed-rate levy, but those payments shall extend from fiscal year | 50039 |
| 2006 through fiscal year 2018. | 50040 |
| (D)(1) Not later than January 1, 2006, for each fixed-sum | 50041 |
| levy of each school district or joint vocational school district | 50042 |
| and for each year for which a determination is made under division | 50043 |
| (F) of section 5751.20 of the Revised Code that a fixed-sum levy | 50044 |
| loss is to be reimbursed, the tax commissioner shall certify to | 50045 |
| the department of education the fixed-sum levy loss determined | 50046 |
| under that division. The certification shall cover a time period | 50047 |
| sufficient to include all fixed-sum levies for which the | 50048 |
| commissioner made such a determination. The department shall pay | 50049 |
| from the school district property tax replacement fund to the | 50050 |
| school district or joint vocational school district one-fourth of | 50051 |
| the fixed-sum levy loss so certified for each year on or before | 50052 |
| May fifteenth, August fifteenth, and November fifteenth of the | 50053 |
| current year and February fifteenth of the following year. | 50054 |
| (2) Beginning in 2006, by the first day of January of each | 50055 |
| year, the tax commissioner shall review the certification | 50056 |
| originally made under division (D)(1) of this section. If the | 50057 |
| commissioner determines that a debt levy that had been scheduled | 50058 |
| to be reimbursed in the current year has expired, a revised | 50059 |
| certification for that and all subsequent years shall be made to | 50060 |
| the department of education. | 50061 |
| (E) Beginning in September 2007 and through June 2018, the | 50062 |
| director of budget and management shall transfer from the school | 50063 |
| district tangible property tax replacement fund to the general | 50064 |
| revenue fund each of the following: | 50065 |
| (1) On the first day of September, the lesser of one-fourth | 50066 |
| of the amount certified for that fiscal year under division (A)(2) | 50067 |
| of this section or the balance in the school district tangible | 50068 |
| property tax replacement fund; | 50069 |
| (2) On the first day of December, the lesser of one-fourth of | 50070 |
| the amount certified for that fiscal year under division (A)(2) of | 50071 |
| this section or the balance in the school district tangible | 50072 |
| property tax replacement fund; | 50073 |
| (3) On the first day of March, the lesser of one-fourth of | 50074 |
| the amount certified for that fiscal year under division (A)(2) of | 50075 |
| this section or the balance in the school district tangible | 50076 |
| property tax replacement fund; | 50077 |
| (4) On the first day of June, the lesser of one-fourth of the | 50078 |
| amount certified for that fiscal year under division (A)(2) of | 50079 |
| this section or the balance in the school district tangible | 50080 |
| property tax replacement fund. | 50081 |
| (F) For each of the fiscal years 2006 through 2018, if the | 50082 |
| total amount in the school district tangible property tax | 50083 |
| replacement fund is insufficient to make all payments under | 50084 |
| divisions (B), (C), or (D) of this section at the times the | 50085 |
| payments are to be made, the director of budget and management | 50086 |
| shall transfer from the general revenue fund to the school | 50087 |
| district tangible property tax replacement fund the difference | 50088 |
| between the total amount to be paid and the amount in the school | 50089 |
| district tangible property tax replacement fund. | 50090 |
| (G) On the fifteenth day of June of 2006 through 2011, the | 50091 |
| director of budget and management may transfer any balance in the | 50092 |
| school district tangible property tax replacement fund to the | 50093 |
| general revenue fund. At the end of fiscal years 2012 through | 50094 |
| 2018, any balance in the school district tangible property tax | 50095 |
| replacement fund shall remain in the fund to be used in future | 50096 |
| fiscal years for school purposes. | 50097 |
| (H) If all of the territory of a school district or joint | 50098 |
| vocational school district is merged with another district, or if | 50099 |
| a part of the territory of a school district or joint vocational | 50100 |
| school district is transferred to an existing or newly created | 50101 |
| district, the department of education, in consultation with the | 50102 |
| tax commissioner, shall adjust the payments made under this | 50103 |
| section as follows: | 50104 |
| (1) For a merger of two or more districts, the machinery and | 50105 |
| equipment and inventory fixed-rate levy losses and the fixed-sum | 50106 |
| levy losses of the successor district shall be equal to the sum of | 50107 |
| the machinery and equipment and inventory fixed-rate levy losses | 50108 |
| as determined in section 5751.20 of the Revised Code, for each of | 50109 |
| the districts involved in the merger. | 50110 |
| (2) If property is transferred from one district to a | 50111 |
| previously existing district, the amount of machinery and | 50112 |
| equipment and inventory fixed-rate levy losses that shall be | 50113 |
| transferred to the recipient district shall be an amount equal to | 50114 |
| the total machinery and equipment and inventory fixed-rate levy | 50115 |
| losses times a fraction, the numerator of which is the value of | 50116 |
| business tangible personal property in the land being transferred | 50117 |
| in the most recent year for which data are available, and the | 50118 |
| denominator of which is the total value of business tangible | 50119 |
| personal property in the district from which the land is being | 50120 |
| transferred in the most recent year for which data are available. | 50121 |
| (3) After December 31, 2004, if property is transferred from | 50122 |
| one or more districts to a district that is newly created out of | 50123 |
| the transferred property, the newly created district shall be | 50124 |
| deemed not to have any machinery and equipment or inventory | 50125 |
| fixed-rate levy losses and the districts from which the property | 50126 |
| was transferred shall have no reduction in their machinery and | 50127 |
| equipment and inventory fixed-rate levy losses. | 50128 |
| (4) If the recipient district under division (H)(2) of this | 50129 |
| section or the newly created district under divisions (H)(3) of | 50130 |
| this section is assuming debt from one or more of the districts | 50131 |
| from which the property was transferred and any of the districts | 50132 |
| losing the property had fixed-sum levy losses, the department of | 50133 |
| education, in consultation with the tax commissioner, shall make | 50134 |
| an equitable division of the fixed-sum levy loss reimbursements. | 50135 |
| Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 50136 |
| commissioner shall compute the payments to be made to each local | 50137 |
| taxing unit for each year according to divisions (A)(1), (2), and | 50138 |
| (3) of this section, and shall distribute the payments in the | 50139 |
| manner prescribed by division (C) of this section. The calculation | 50140 |
| of the fixed-sum levy loss shall cover a time period sufficient to | 50141 |
| include all fixed-sum levies for which the commissioner | 50142 |
| determined, pursuant to division (E) of section 5751.20 of the | 50143 |
| Revised Code, that a fixed-sum levy loss is to be reimbursed. | 50144 |
| (1) Except as provided in division (A)(3) of this section, | 50145 |
| for machinery and equipment and inventory fixed-rate levy losses | 50146 |
| determined under division (D) of section 5751.20 of the Revised | 50147 |
| Code, payments shall be made in each of the following years at the | 50148 |
| following percentages of the machinery and equipment and inventory | 50149 |
| fixed-rate levy losses: | 50150 |
| Year | Percentage for machinery and equipment | Percentage for inventory | 50151 | |
| 2006 | 50% | 0% | 50152 | |
| 2007 | 100% | 0% | 50153 | |
| 2008 | 100% | 26.3% | 50154 | |
| 2009 | 100% | 52.6% | 50155 | |
| 2010 | 100% | 78.9% | 50156 | |
| 2011 | 86.7% | 68.4% | 50157 | |
| 2012 | 73.3% | 57.9% | 50158 | |
| 2013 | 60% | 47.3% | 50159 | |
| 2014 | 46.7% | 36.8% | 50160 | |
| 2015 | 33.3% | 26.3% | 50161 | |
| 2016 | 20% | 15.8% | 50162 | |
| 2017 | 6.7% | 5.3% | 50163 | |
| 2018 and thereafter | 0% | 0% | 50164 |
| (2) For fixed-sum levy losses determined under division (E) | 50165 |
| of section 5751.20 of the Revised Code, payments shall be made in | 50166 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 50167 |
| payments required to be made in 2006 and thereafter. | 50168 |
| (3) For taxes levied within the ten-mill limitation for debt | 50169 |
| purposes in tax year 2004, payments shall be made based on the | 50170 |
| schedule in division (A)(1) of this section for each of the | 50171 |
| calendar years 2006 through 2010. For each of the calendar years | 50172 |
| 2011 through 2017, the percentages for calendar year 2010 shall be | 50173 |
| used. No payments shall be made for such levies after calendar | 50174 |
| year 2017. | 50175 |
| (B) Beginning in 2007, by the thirty-first day of January of | 50176 |
| each year, the tax commissioner shall review the calculation | 50177 |
| originally made under division (A) of this section of the | 50178 |
| fixed-sum levy losses determined under division (E) of section | 50179 |
| 5751.20 of the Revised Code. If the commissioner determines that a | 50180 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 50181 |
| current year has expired, a revised calculation for that and all | 50182 |
| subsequent years shall be made. | 50183 |
| (C) Payments to local taxing units required to be made under | 50184 |
| division (A) of this section shall be paid from the local | 50185 |
| government tangible property tax replacement fund to the county | 50186 |
| undivided income tax fund in the proper county treasury. Beginning | 50187 |
| in May 2006, one-fourth of the amount certified under that | 50188 |
| division shall be paid by the fifteenth day of February, May, | 50189 |
| August, and November. The county treasurer shall distribute | 50190 |
| amounts determined under division (A) of this section to the | 50191 |
| proper local taxing unit as if they had been levied and collected | 50192 |
| as taxes, and the local taxing unit shall apportion the amounts so | 50193 |
| received among its funds in the same proportions as if those | 50194 |
| amounts had been levied and collected as taxes. | 50195 |
| (D) For each of the fiscal years 2006 through 2018, if the | 50196 |
| total amount in the local government tangible property tax | 50197 |
| replacement fund is insufficient to make all payments under | 50198 |
| division (C) of this section at the times the payments are to be | 50199 |
| made, the director of budget and management shall transfer from | 50200 |
| the general revenue fund to the local government tangible property | 50201 |
| tax replacement fund the difference between the total amount to be | 50202 |
| paid and the amount in the local government tangible property tax | 50203 |
| replacement fund. | 50204 |
| (E) On the fifteenth day of June of each year from 2006 | 50205 |
| through 2018, the director of budget and management may transfer | 50206 |
| any balance in the local government tangible property tax | 50207 |
| replacement fund to the general revenue fund. | 50208 |
| (F) If all or a part of the territories of two or more local | 50209 |
| taxing units are merged, or unincorporated territory of a township | 50210 |
| is annexed by a municipal corporation, the tax commissioner shall | 50211 |
| adjust the payments made under this section to each of the local | 50212 |
| taxing units in proportion to the tax value loss apportioned to | 50213 |
| the merged or annexed territory, or as otherwise provided by a | 50214 |
| written agreement between the legislative authorities of the local | 50215 |
| taxing units certified to the commissioner not later than the | 50216 |
| first day of June of the calendar year in which the payment is to | 50217 |
| be made. | 50218 |
| Sec. 5751.31. (A) Notwithstanding any section of law to the | 50219 |
| contrary, the tax commissioner may issue one or more final | 50220 |
| determinations under section 5703.60 of the Revised Code for which | 50221 |
| any appeal must be made directly to the supreme court within | 50222 |
| thirty days after the date the commissioner issued the | 50223 |
| determination if the primary issue raised by the petitioner is the | 50224 |
| constitutionality of division (G)(5) of section 5751.01 of the | 50225 |
| Revised Code. Such final determination shall clearly indicate that | 50226 |
| any appeal thereof must be made directly to the supreme court | 50227 |
| within the thirty-day period prescribed in this division. | 50228 |
| (B) If division (G)(5) of section 5751.01 of the Revised Code | 50229 |
| is determined to be unconstitutional under the Ohio constitution | 50230 |
| or the constitution of the United States, the commissioner may | 50231 |
| require taxpayers with taxable gross receipts in this state to | 50232 |
| provide a report as part of the tax returns the taxpayers file | 50233 |
| detailing the purchases they make from persons not registered to | 50234 |
| collect the tax imposed under this chapter. The commissioner shall | 50235 |
| adopt rules to enforce this division. | 50236 |
| Sec. 5751.50. (A) For tax periods beginning in 2008 and | 50237 |
| thereafter, a refundable credit granted by the tax credit | 50238 |
| authority under section 122.17 of the Revised Code may be claimed | 50239 |
| under this chapter in the order required under section 5751.98 of | 50240 |
| the Revised Code. For purposes of making tax payments under this | 50241 |
| chapter, taxes equal to the amount of the refundable credit shall | 50242 |
| be considered to be paid to this state on the first day of the tax | 50243 |
| period. The refundable credit shall not be claimed for any tax | 50244 |
| period beginning after the date on which a relocation of | 50245 |
| employment positions occurs in violation of an agreement entered | 50246 |
| into under sections 122.17 or 122.171 of the Revised Code. | 50247 |
| (B) A nonrefundable credit granted by the tax credit | 50248 |
| authority under section 122.171 of the Revised Code may be claimed | 50249 |
| under this chapter in the order required under section 5751.98 of | 50250 |
| the Revised Code. The credit shall not be claimed for any tax | 50251 |
| period beginning after the date on which a relocation of | 50252 |
| employment positions occurs in violation of an agreement entered | 50253 |
| into under sections 122.17 or 122.171 of the Revised Code. No | 50254 |
| credit shall be allowed under this chapter if the credit was | 50255 |
| available against the tax imposed by section 5733.06 or 5747.02 of | 50256 |
| the Revised Code, except to the extent the credit was not applied | 50257 |
| against such tax. | 50258 |
| Sec. 5751.51. (A) As used in this section, "qualified | 50259 |
| research expenses" has the same meaning as in section 41 of the | 50260 |
| Internal Revenue Code. | 50261 |
| (B)(1) A nonrefundable credit may be claimed under this | 50262 |
| chapter equal to seven per cent of the excess of (a) qualified | 50263 |
| research expenses incurred in this state by the taxpayer in the | 50264 |
| calendar year that includes the tax period for which the credit is | 50265 |
| claimed over (b) the taxpayer's average annual qualified research | 50266 |
| expenses incurred in this state for the three preceding calendar | 50267 |
| years. | 50268 |
| (2) The taxpayer shall claim the credit allowed under | 50269 |
| division (B)(1) of this section in the order required by section | 50270 |
| 5751.98 of the Revised Code. Any credit amount in excess of the | 50271 |
| tax due under section 5751.03 of the Revised Code, after allowing | 50272 |
| for any other credits that precede the credit under this section | 50273 |
| in the order required under that section, may be carried forward | 50274 |
| for seven calendar years, but the amount of the excess credit | 50275 |
| allowed in any tax period shall be deducted from the balance | 50276 |
| carried forward to the next tax period. | 50277 |
| (3) No credit shall be allowed under this chapter if the | 50278 |
| credit was available against the tax imposed by section 5733.06 or | 50279 |
| 5747.02 of the Revised Code, except to the extent the credit was | 50280 |
| not applied against such tax. | 50281 |
| Sec. 5751.52. (A) As used in this section: | 50282 |
| (1) "Borrower" means any person that receives a loan from the | 50283 |
| director of development under section 166.21 of the Revised Code, | 50284 |
| regardless of whether the borrower is subject to the taxes imposed | 50285 |
| by sections 5733.06, 5733.065, and 5733.066 of the Revised Code. | 50286 |
| (2) "Qualified research and development loan payments" has | 50287 |
| the same meaning as in section 166.21 of the Revised Code. | 50288 |
| (3) "Related member" has the same meaning as in section | 50289 |
| 5733.042 of the Revised Code. | 50290 |
| (B) A nonrefundable credit may be claimed under this chapter | 50291 |
| equal to a borrower's qualified research and development loan | 50292 |
| payments made during the calendar year immediately preceding the | 50293 |
| tax period for which the credit is claimed. The amount of the | 50294 |
| credit for a calendar year shall not exceed one hundred fifty | 50295 |
| thousand dollars. No taxpayer is entitled to claim a credit under | 50296 |
| this section unless the taxpayer has obtained a certificate issued | 50297 |
| by the director of development under division (D) of section | 50298 |
| 166.21 of the Revised Code. The credit shall be claimed in the | 50299 |
| order required under section 5151.98 of the Revised Code. No | 50300 |
| credit shall be allowed under this chapter if the credit was | 50301 |
| available against the tax imposed by section 5733.06 or 5747.02 of | 50302 |
| the Revised Code except to the extent the credit was not applied | 50303 |
| against such tax. The credit, to the extent it exceeds the | 50304 |
| taxpayer's tax liability for the tax period after allowance for | 50305 |
| any other credits that precede the credit under this section in | 50306 |
| that order, shall be carried forward to the next succeeding tax | 50307 |
| period or periods, but the amount of the excess credit allowed in | 50308 |
| any tax period shall be deducted from the balance carried forward | 50309 |
| to the next tax period. | 50310 |
| (C) A borrower entitled to a credit under this section may | 50311 |
| assign the credit, or a portion thereof, to any of the following: | 50312 |
| (1) A related member of that borrower; | 50313 |
| (2) The owner or lessee of the eligible research and | 50314 |
| development project; | 50315 |
| (3) A related member of the owner or lessee of the eligible | 50316 |
| research and development project. | 50317 |
| A borrower making an assignment under this division shall | 50318 |
| provide written notice of the assignment to the tax commissioner | 50319 |
| and the director of development, in such form as the commissioner | 50320 |
| prescribes, before the credit that was assigned is used. The | 50321 |
| assignor may not claim the credit to the extent it was assigned to | 50322 |
| an assignee. The assignee may claim the credit only to the extent | 50323 |
| the assignor has not claimed it. | 50324 |
| (D) If any taxpayer is a partner in a partnership or a member | 50325 |
| in a limited liability company treated as a partnership for | 50326 |
| federal income tax purposes, the taxpayer shall be allowed the | 50327 |
| taxpayer's distributive or proportionate share of the credit | 50328 |
| available through the partnership or limited liability company. | 50329 |
| (E) The aggregate credit against the taxes imposed by section | 50330 |
| 5733.06, 5733.065, 5733.066, 5747.02, and 5751.03 of the Revised | 50331 |
| Code that may be claimed under this section, section 5733.352, and | 50332 |
| section 5747.331 of the Revised Code by a borrower as a result of | 50333 |
| qualified research and development loan payments attributable | 50334 |
| during a calendar year to any one loan shall not exceed one | 50335 |
| hundred fifty thousand dollars. | 50336 |
| Sec. 5751.98. (A) To provide a uniform procedure for | 50337 |
| calculating the amount of tax imposed by section 5751.03 of the | 50338 |
| Revised Code that is due under this chapter, a taxpayer shall | 50339 |
| claim any credits to which it is entitled in the following order: | 50340 |
| (1) The nonrefundable jobs retention credit under division | 50341 |
| (B) of section 5751.50 of the Revised Code; | 50342 |
| (2) The nonrefundable credit for qualified research expenses | 50343 |
| under division (B) of section 5751.51 of the Revised Code; | 50344 |
| (3) The nonrefundable credit for a borrower's qualified | 50345 |
| research and development loan payments under division (B) of | 50346 |
| section 5751.52 of the Revised Code; | 50347 |
| (4) The refundable jobs creation credit under division (A) of | 50348 |
| section 5751.50 of the Revised Code. | 50349 |
| (B) For any credit except the credit enumerated in division | 50350 |
| (A)(4) of this section, the amount of the credit for a tax period | 50351 |
| shall not exceed the tax due after allowing for any other credit | 50352 |
| that precedes it in the order required under this section. Any | 50353 |
| excess amount of a particular credit may be carried forward if | 50354 |
| authorized under the section creating the credit. | 50355 |
| Sec. 5751.99. (A) Whoever violates division (F) of section | 50356 |
| 5751.05 of the Revised Code, or any rule adopted by the tax | 50357 |
| commissioner under that section, is guilty of a misdemeanor of the | 50358 |
| first degree on the first offense. On a second or subsequent | 50359 |
| offense, the offender is guilty of a felony of the fourth degree. | 50360 |
| (B) Whoever files a fraudulent refund claim under section | 50361 |
| 5751.08 of the Revised Code shall be fined the greater of not more | 50362 |
| than one thousand dollars or the amount of the fraudulent refund | 50363 |
| requested or imprisoned not more than sixty days, or both. | 50364 |
| (C) Except as provided in this section, whoever violates any | 50365 |
| section of this chapter, or any rule adopted by the tax | 50366 |
| commissioner under this chapter, shall be fined not more than five | 50367 |
| hundred dollars or imprisoned not more than thirty days, or both. | 50368 |
| (D) The penalties provided in this section are in addition to | 50369 |
| any penalties imposed the tax commissioner under section 5751.06 | 50370 |
| of the Revised Code. | 50371 |
| Sec. 5919.341. There is hereby created in the state treasury | 50372 |
| the national guard scholarship reserve fund. Not later than the | 50373 |
| first day of September of each fiscal year, the Ohio board of | 50374 |
| regents shall certify to the director of budget and management the | 50375 |
| unencumbered balance of the general revenue fund appropriations | 50376 |
| made in the immediately preceding fiscal year for purposes of the | 50377 |
| Ohio national guard scholarship program created under division (B) | 50378 |
| of section 5919.34 of the Revised Code. Upon receipt of the | 50379 |
| certification, the director may transfer an amount not exceeding | 50380 |
| the certified amount from the general revenue fund to the national | 50381 |
| guard scholarship reserve fund. Moneys in the national guard | 50382 |
| scholarship reserve fund shall be used to pay scholarship | 50383 |
| obligations in excess of the general revenue fund appropriations | 50384 |
| made for that purpose. Upon request of the adjutant general, the | 50385 |
| Ohio board of regents shall seek controlling board approval to | 50386 |
| establish appropriations as necessary. | 50387 |
| The director may transfer any unencumbered balance from the | 50388 |
| national guard scholarship reserve fund to the general revenue | 50389 |
| fund. | 50390 |
| Sec. 6109.21. (A) Except as provided in divisions (D) and | 50391 |
| (E) of this section, on and after January 1, 1994, no person shall | 50392 |
| operate or maintain a public water system in this state without a | 50393 |
| license issued by the director of environmental protection. A | 50394 |
| person who operates or maintains a public water system on January | 50395 |
| 1, 1994, shall obtain an initial license under this section in | 50396 |
| accordance with the following schedule: | 50397 |
| (1) If the public water system is a community water system, | 50398 |
| not later than January 31, 1994; | 50399 |
| (2) If the public water system is not a community water | 50400 |
| system and serves a nontransient population, not later than | 50401 |
| January 31, 1994; | 50402 |
| (3) If the public water system is not a community water | 50403 |
| system and serves a transient population, not later than January | 50404 |
| 31, 1995. | 50405 |
| A person proposing to operate or maintain a new public water | 50406 |
| system after January 1, 1994, in addition to complying with | 50407 |
| section 6109.07 of the Revised Code and rules adopted under it, | 50408 |
| shall submit an application for an initial license under this | 50409 |
| section to the director prior to commencing operation of the | 50410 |
| system. | 50411 |
| A license or license renewal issued under this section shall | 50412 |
| be renewed annually. Such a license or license renewal shall | 50413 |
| expire on the thirtieth day of January in the year following its | 50414 |
| issuance. A license holder that proposes to continue operating the | 50415 |
| public water system for which the license or license renewal was | 50416 |
| issued shall apply for a license renewal at least thirty days | 50417 |
| prior to that expiration date. | 50418 |
| The director shall adopt, and may amend and rescind, rules in | 50419 |
| accordance with Chapter 119. of the Revised Code establishing | 50420 |
| procedures governing and information to be included on | 50421 |
| applications for licenses and license renewals under this section. | 50422 |
|
Through June 30,
| 50423 |
| by the appropriate fee established under division (M) of section | 50424 |
| 3745.11 of the Revised Code, provided that an applicant for an | 50425 |
| initial license who is proposing to operate or maintain a new | 50426 |
| public water system after January 1, 1994, shall submit a fee that | 50427 |
| equals a prorated amount of the appropriate fee established under | 50428 |
| that division for the remainder of the licensing year. | 50429 |
| (B) Not later than thirty days after receiving a completed | 50430 |
| application and the appropriate license fee for an initial license | 50431 |
| under division (A) of this section, the director shall issue the | 50432 |
| license for the public water system. Not later than thirty days | 50433 |
| after receiving a completed application and the appropriate | 50434 |
| license fee for a license renewal under division (A) of this | 50435 |
| section, the director shall do one of the following: | 50436 |
| (1) Issue the license renewal for the public water system; | 50437 |
| (2) Issue the license renewal subject to terms and conditions | 50438 |
| that the director determines are necessary to ensure compliance | 50439 |
| with this chapter and rules adopted under it; | 50440 |
| (3) Deny the license renewal if the director finds that the | 50441 |
| public water system was not operated in substantial compliance | 50442 |
| with this chapter and rules adopted under it. | 50443 |
| (C) The director may suspend or revoke a license or license | 50444 |
| renewal issued under this section if the director finds that the | 50445 |
| public water system was not operated in substantial compliance | 50446 |
| with this chapter and rules adopted under it. The director shall | 50447 |
| adopt, and may amend and rescind, rules in accordance with Chapter | 50448 |
| 119. of the Revised Code governing such suspensions and | 50449 |
| revocations. | 50450 |
| (D)(1) As used in division (D) of this section, "church" | 50451 |
| means a fellowship of believers, congregation, society, | 50452 |
| corporation, convention, or association that is formed primarily | 50453 |
| or exclusively for religious purposes and that is not formed or | 50454 |
| operated for the private profit of any person. | 50455 |
| (2) This section does not apply to a church that operates or | 50456 |
| maintains a public water system solely to provide water for that | 50457 |
| church or for a campground that is owned by the church and | 50458 |
| operated primarily or exclusively for members of the church and | 50459 |
| their families. A church that, on or before March 5, 1996, has | 50460 |
| obtained a license under this section for such a public water | 50461 |
| system need not obtain a license renewal under this section. | 50462 |
| (E) This section does not apply to any public or nonpublic | 50463 |
| school that meets minimum standards of the state board of | 50464 |
| education that operates or maintains a public water system solely | 50465 |
| to provide water for that school. | 50466 |
| Sec. 6111.034. The director of environmental protection | 50467 |
| shall not issue any order under division (H) of section 6111.03 of | 50468 |
| the Revised Code that would require a board of county | 50469 |
| commissioners, legislative authority of a municipal corporation, | 50470 |
| or other governing board of any other public entity to levy an | 50471 |
| assessment for a water or sewer project unless the water and sewer | 50472 |
| commission
created in division | 50473 |
| Revised Code certifies to the director that sufficient funds exist | 50474 |
| in the water and sewer fund created in division (A) of section | 50475 |
| 1525.11 of the Revised Code to advance money to the affected | 50476 |
| public entity in an amount equal to the total assessment that is | 50477 |
| not collectible as a result of section 929.03 or 1517.052 of the | 50478 |
| Revised Code, as applicable. | 50479 |
| Section 101.02. That existing sections 9.24, 108.05, 109.57, | 50480 |
| 109.91, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, | 50481 |
| 122.011, 122.17, 122.171, 122.603, 122.71, 122.72, 122.73, 122.74, | 50482 |
| 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, | 50483 |
| 123.152, 123.17, 124.01, 124.02, 124.04, 124.07, 124.09, 124.11, | 50484 |
| 124.133, 124.14, 124.15, 124.20, 124.23, 124.231, 124.241, 124.25, | 50485 |
| 124.26, 124.27, 124.29, 124.30, 124.31, 124.311, 124.32, 124.321, | 50486 |
| 124.322, 124.323, 124.324, 124.325, 124.33, 124.34, 125.05, | 50487 |
| 125.831, 125.832, 126.25, 127.16, 131.23, 140.01, 140.08, 141.011, | 50488 |
| 141.04, 147.05, 147.10, 147.11, 147.12, 147.371, 149.43, 153.50, | 50489 |
| 153.51, 153.52, 173.20, 173.21, 173.26, 173.40, 173.99, 181.251, | 50490 |
| 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, 307.88, 317.08, | 50491 |
| 317.36, 319.20, 319.302, 319.54, 321.24, 323.01, 323.152, 329.04, | 50492 |
| 329.051, 339.72, 339.88, 340.03, 340.16, 742.59, 901.43, 905.32, | 50493 |
| 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.66, | 50494 |
| 907.16, 911.02, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, | 50495 |
| 921.16, 923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, | 50496 |
| 1327.99, 1502.02, 1503.01, 1517.02, 1521.062, 1525.11, 1525.12, | 50497 |
| 1531.27, 1533.10, 1533.11, 1533.111, 1533.881, 1533.99, 1541.03, | 50498 |
| 1548.06, 1713.03, 1901.26, 1907.24, 2113.041, 2151.416, 2152.74, | 50499 |
| 2303.201, 2305.234, 2329.66, 2744.05, 2901.07, 2923.25, 3107.10, | 50500 |
| 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.311, 3301.32, | 50501 |
| 3301.86, 3301.88, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, | 50502 |
| 3314.03, 3314.074, 3314.08, 3314.13, 3315.37, 3317.012, 3317.013, | 50503 |
| 3317.02, 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, | 50504 |
| 3317.028, 3317.029, 3317.0212, 3317.0217, 3317.03, 3317.05, | 50505 |
| 3317.052, 3317.053, 3317.06, 3317.081, 3317.10, 3317.16, 3317.20, | 50506 |
| 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.33, 3319.22, | 50507 |
| 3319.235, 3323.021, 3323.091, 3323.14, 3323.16, 3332.092, 3333.04, | 50508 |
| 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.38, 3334.01, | 50509 |
| 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, | 50510 |
| 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3345.32, 3353.01, | 50511 |
| 3353.06, 3353.07, 3365.01, 3365.02, 3375.48, 3375.49, 3375.54, | 50512 |
| 3375.55, 3377.03, 3383.02, 3701.146, 3702.141, 3702.51, 3702.68, | 50513 |
| 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, | 50514 |
| 3703.08, 3703.10, 3703.99, 3705.24, 3709.29, 3709.34, 3712.03, | 50515 |
| 3721.01, 3721.02, 3721.03, 3721.07, 3721.15, 3721.19, 3721.50, | 50516 |
| 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, | 50517 |
| 3722.16, 3734.01, 3734.02, 3734.021, 3734.022, 3734.05, 3734.28, | 50518 |
| 3734.57, 3734.901, 3734.9010, 3743.57, 3745.11, 3745.12, 3746.04, | 50519 |
| 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, | 50520 |
| 3773.57, 3793.09, 3901.021, 3901.17, 3905.36, 3923.27, 4112.12, | 50521 |
| 4117.24, 4123.27, 4301.42, 4301.43, 4305.01, 4505.06, 4511.75, | 50522 |
| 4519.02, 4519.04, 4519.09, 4561.17, 4561.18, 4561.21, 4705.09, | 50523 |
| 4731.65, 4731.71, 4736.11, 4736.12, 4761.07, 4905.10, 4905.54, | 50524 |
| 4905.95, 4911.18, 4973.171, 5101.181, 5101.21, 5101.24, 5101.241, | 50525 |
| 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, | 50526 |
| 5101.752, 5101.80, 5101.801, 5101.821, 5104.01, 5104.32, 5104.38, | 50527 |
| 5107.05, 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, | 50528 |
| 5110.352, 5111.019, 5111.02, 5111.021, 5111.022, 5111.023, | 50529 |
| 5111.025, 5111.042, 5111.06, 5111.071, 5111.082, 5111.11, | 50530 |
| 5111.111, 5111.112, 5111.113, 5111.16, 5111.19, 5111.20, 5111.204, | 50531 |
| 5111.21, 5111.22, 5111.231, 5111.25, 5111.26, 5111.263, 5111.28, | 50532 |
| 5111.29, 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.85, | 50533 |
| 5111.88, 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, | 50534 |
| 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.51, | 50535 |
| 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, | 50536 |
| 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, | 50537 |
| 5122.03, 5122.31, 5123.01, 5123.046, 5123.047, 5123.049, | 50538 |
| 5123.0412, 5123.34, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, | 50539 |
| 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, | 50540 |
| 5139.01, 5139.36, 5153.16, 5502.01, 5701.03, 5703.052, 5703.053, | 50541 |
| 5703.50, 5703.70, 5703.80, 5705.091, 5705.392, 5711.21, 5711.22, | 50542 |
| 5713.01, 5713.08, 5713.34, 5727.01, 5727.02, 5727.06, 5727.10, | 50543 |
| 5727.11, 5727.111, 5727.12, 5727.81, 5727.84, 5727.85, 5731.01, | 50544 |
| 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.39, 5733.01, | 50545 |
| 5733.40, 5733.41, 5739.02, 5739.025, 5739.10, 5741.02, 5743.02, | 50546 |
| 5743.32, 5743.51, 5743.62, 5743.63, 5747.01, 5747.02, 5747.05, | 50547 |
| 5747.08, 5747.70, 5747.98, 5749.02, 6109.21, and 6111.034 of the | 50548 |
| Revised Code are hereby repealed. | 50549 |
| Section 105.01. That sections 181.53, 339.77, 742.36, | 50550 |
| 1541.221, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, 3301.37, | 50551 |
| 3301.38, 3301.80, 3301.85, 3301.87, 3317.0213, 3353.02, 3353.03, | 50552 |
| 3353.04, 3721.511, 5101.751, 5101.753, 5101.754, 5111.041, | 50553 |
| 5111.07, 5111.205, 5111.23, 5111.221, 5111.235, 5111.24, 5111.241, | 50554 |
| 5111.251, 5111.255, 5111.257, 5111.261, 5111.262, 5111.264, | 50555 |
| 5111.27, 5111.291, 5111.34, 5115.10, 5115.11, 5115.12, 5115.13, | 50556 |
| 5115.14, 5123.041, 5123.048, 5731.20, and 5733.122 of the Revised | 50557 |
| Code are hereby repealed. | 50558 |
| Section 200.01. Except as otherwise provided, all | 50559 |
| appropriation items (AI) in this act are appropriated out of any | 50560 |
| moneys in the state treasury to the credit of the designated fund | 50561 |
| that are not otherwise appropriated. For all appropriations made | 50562 |
| in this act, the amounts in the first column are for fiscal year | 50563 |
| 2006 and the amounts in the second column are for fiscal year | 50564 |
| 2007. | 50565 |
| FND | AI | AI TITLE | APPROPRIATIONS | 50566 |
| Section 203.03. ACC ACCOUNTANCY BOARD OF OHIO | 50567 |
| General Services Fund Group | 50568 |
| 4J8 | 889-601 | CPA Education Assistance | $ | 209,510 | $ | 0 | 50569 | ||||
| 4K9 | 889-609 | Operating Expenses | $ | 1,069,776 | $ | 0 | 50570 | ||||
| TOTAL GSF General Services Fund | 50571 | ||||||||||
| Group | $ | 1,279,286 | $ | 0 | 50572 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,279,286 | $ | 0 | 50573 | ||||||
| Section 203.06. PAY ACCRUED LEAVE LIABILITY | 50575 |
| Accrued Leave Liability Fund Group | 50576 |
| 806 | 995-666 | Accrued Leave Fund | $ | 68,846,630 | $ | 77,950,372 | 50577 | ||||
| 807 | 995-667 | Disability Fund | $ | 48,057,723 | $ | 50,955,496 | 50578 | ||||
| TOTAL ALF Accrued Leave Liability | 50579 | ||||||||||
| Fund Group | $ | 116,904,353 | $ | 128,905,868 | 50580 | ||||||
| Agency Fund Group | 50581 |
| 808 | 995-668 | State Employee Health Benefit Fund | $ | 480,879,258 | $ | 550,922,742 | 50582 | ||||
| 809 | 995-669 | Dependent Care Spending Account | $ | 2,801,543 | $ | 2,969,635 | 50583 | ||||
| 810 | 995-670 | Life Insurance Investment Fund | $ | 1,943,789 | $ | 2,031,381 | 50584 | ||||
| 811 | 995-671 | Parental Leave Benefit Fund | $ | 4,040,434 | $ | 4,282,860 | 50585 | ||||
| 813 | 995-672 | Health Care Spending Account | $ | 8,000,000 | $ | 12,000,000 | 50586 | ||||
| TOTAL AGY Agency Fund Group | $ | 497,665,024 | $ | 572,206,618 | 50587 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 614,569,377 | $ | 701,112,486 | 50588 |
| ACCRUED LEAVE LIABILITY FUND | 50589 |
| The foregoing appropriation item 995-666, Accrued Leave Fund, | 50590 |
| shall be used to make payments from the Accrued Leave Liability | 50591 |
| Fund (Fund 806), pursuant to section 125.211 of the Revised Code. | 50592 |
| If it is determined by the Director of Budget and Management that | 50593 |
| additional amounts are necessary, the amounts are appropriated. | 50594 |
| STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 50595 |
| The foregoing appropriation item 995-667, Disability Fund, | 50596 |
| shall be used to make payments from the State Employee Disability | 50597 |
| Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the | 50598 |
| Revised Code. If it is determined by the Director of Budget and | 50599 |
| Management that additional amounts are necessary, the amounts are | 50600 |
| appropriated. | 50601 |
| STATE EMPLOYEE HEALTH BENEFIT FUND | 50602 |
| The foregoing appropriation item 995-668, State Employee | 50603 |
| Health Benefit Fund, shall be used to make payments from the State | 50604 |
| Employee Health Benefit Fund (Fund 808), pursuant to section | 50605 |
| 124.87 of the Revised Code. If it is determined by the Director of | 50606 |
| Budget and Management that additional amounts are necessary, the | 50607 |
| amounts are appropriated. | 50608 |
| Effective July 1, 2005, or as soon thereafter as possible, | 50609 |
| the Director of Budget and Management may transfer up to $70,000 | 50610 |
| in cash from the General Revenue Fund to the State Employee Health | 50611 |
| Benefit Fund (Fund 808). The amount of the transfer shall not | 50612 |
| exceed the amount of cash transferred from the State Employee | 50613 |
| Health Benefit Fund to the Health Care Spending Account Fund (Fund | 50614 |
| 813) during fiscal year 2005. | 50615 |
| DEPENDENT CARE SPENDING ACCOUNT | 50616 |
| The foregoing appropriation item 995-669, Dependent Care | 50617 |
| Spending Account, shall be used to make payments from the | 50618 |
| Dependent Care Spending Account (Fund 809) to employees eligible | 50619 |
| for dependent care expenses. If it is determined by the Director | 50620 |
| of Budget and Management that additional amounts are necessary, | 50621 |
| the amounts are appropriated. | 50622 |
| LIFE INSURANCE INVESTMENT FUND | 50623 |
| The foregoing appropriation item 995-670, Life Insurance | 50624 |
| Investment Fund, shall be used to make payments from the Life | 50625 |
| Insurance Investment Fund (Fund 810) for the costs and expenses of | 50626 |
| the state's life insurance benefit program pursuant to section | 50627 |
| 125.212 of the Revised Code. If it is determined by the Director | 50628 |
| of Budget and Management that additional amounts are necessary, | 50629 |
| the amounts are appropriated. | 50630 |
| PARENTAL LEAVE BENEFIT FUND | 50631 |
| The foregoing appropriation item 995-671, Parental Leave | 50632 |
| Benefit Fund, shall be used to make payments from the Parental | 50633 |
| Leave Benefit Fund (Fund 811) to employees eligible for parental | 50634 |
| leave benefits pursuant to section 124.137 of the Revised Code. If | 50635 |
| it is determined by the Director of Budget and Management that | 50636 |
| additional amounts are necessary, the amounts are appropriated. | 50637 |
| HEALTH CARE SPENDING ACCOUNT | 50638 |
| There is hereby established in the State Treasury the Health | 50639 |
| Care Spending Account Fund (Fund 813). The foregoing appropriation | 50640 |
| item 995-672, Health Care Spending Account, shall be used to make | 50641 |
| payments from the fund. The fund shall be under the supervision of | 50642 |
| the Department of Administrative Services and shall be used to | 50643 |
| make payments pursuant to state employees' participation in a | 50644 |
| flexible spending account for non-reimbursed health care expenses | 50645 |
| and pursuant to Section 125 of the Internal Revenue Code. All | 50646 |
| income derived from the investment of the fund shall accrue to the | 50647 |
| fund. If it is determined by the Director of Administrative | 50648 |
| Services that additional appropriation amounts are necessary, the | 50649 |
| Director of Administrative Services may request that the Director | 50650 |
| of Budget and Management increase such amounts. Such amounts are | 50651 |
| hereby appropriated. | 50652 |
| At the request of the Director of Administrative Services, | 50653 |
| the Director of Budget and Management shall transfer up to | 50654 |
| $400,000 from the State Employee Health Benefit Fund (Fund 808) to | 50655 |
| the Health Care Spending Account Fund during fiscal years 2006 and | 50656 |
| 2007. This cash shall be transferred as needed to provide adequate | 50657 |
| cash flow for the Health Care Spending Account Fund during fiscal | 50658 |
| year 2006 and fiscal year 2007. At the end of fiscal years 2006 | 50659 |
| and 2007, the Director of Budget and Management shall transfer | 50660 |
| cash up to the amount previously transferred in the respective | 50661 |
| year back from the Health Care Spending Account (Fund 813) to the | 50662 |
| State Employee Health Benefit Fund (Fund 808). If funds are not | 50663 |
| available in the Health Care Spending Account Fund, the Director | 50664 |
| of Administrative Services may request, and the Director of Budget | 50665 |
| and Management may transfer, the balance of the funds needed from | 50666 |
| the General Revenue Fund. | 50667 |
| Section 203.09. ADJ ADJUTANT GENERAL | 50668 |
| General Revenue Fund | 50669 |
| GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 50670 | ||||
| GRF | 745-404 | Air National Guard | $ | 1,939,762 | $ | 1,939,762 | 50671 | ||||
| GRF | 745-409 | Central Administration | $ | 3,899,590 | $ | 3,899,590 | 50672 | ||||
| GRF | 745-499 | Army National Guard | $ | 4,086,222 | $ | 4,086,222 | 50673 | ||||
| GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 50674 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,043,735 | $ | 10,043,735 | 50675 | ||||||
| General Services Fund Group | 50676 |
| 534 | 745-612 | Armory Improvements | $ | 534,304 | $ | 534,304 | 50677 | ||||
| 536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,094,970 | $ | 1,094,970 | 50678 | ||||
| 537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 219,826 | $ | 219,826 | 50679 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,849,100 | $ | 1,849,100 | 50680 | ||||||
| Federal Special Revenue Fund Group | 50681 |
| 3E8 | 745-628 | Air National Guard Agreement | $ | 12,174,760 | $ | 12,174,760 | 50682 | ||||
| 3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 50683 | ||||
| 341 | 745-615 | Air National Guard Base Security | $ | 2,424,740 | $ | 2,424,740 | 50684 | ||||
| 342 | 745-616 | Army National Guard Agreement | $ | 8,686,893 | $ | 8,686,893 | 50685 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 23,311,393 | $ | 23,311,393 | 50686 | ||||||
| State Special Revenue Fund Group | 50687 |
| 5U8 | 745-613 | Community Match Armories | $ | 90,000 | $ | 91,800 | 50688 | ||||
| 528 | 745-605 | Marksmanship Activities | $ | 126,078 | $ | 128,600 | 50689 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 216,078 | $ | 220,400 | 50690 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 35,420,306 | $ | 35,424,628 | 50691 |
| Section 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 50693 |
| General Revenue Fund | 50694 |
| GRF | 100-405 | Agency Audit Expenses | $ | 329,000 | $ | 329,000 | 50695 | ||||
| GRF | 100-406 | County & University Human Resources Services | $ | 60,000 | $ | 60,000 | 50696 | ||||
| GRF | 100-410 | Veterans' Records Conversion | $ | 69,000 | $ | 48,600 | 50697 | ||||
| GRF | 100-418 | Web Sites and Business Gateway | $ | 3,275,280 | $ | 3,275,280 | 50698 | ||||
| GRF | 100-419 | IT Security Infrastructure | $ | 1,636,247 | $ | 1,636,247 | 50699 | ||||
| GRF | 100-421 | OAKS Project Implementation | $ | 484,000 | $ | 410,839 | 50700 | ||||
| GRF | 100-433 | State of Ohio Computer Center | $ | 4,991,719 | $ | 4,991,719 | 50701 | ||||
| GRF | 100-439 | Equal Opportunity Certification Programs | $ | 726,481 | $ | 728,384 | 50702 | ||||
| GRF | 100-447 | OBA - Building Rent Payments | $ | 115,740,400 | $ | 116,091,300 | 50703 | ||||
| GRF | 100-448 | OBA - Building Operating Payments | $ | 25,393,250 | $ | 25,647,183 | 50704 | ||||
| GRF | 100-449 | DAS - Building Operating Payments | $ | 4,160,383 | $ | 4,170,623 | 50705 | ||||
| GRF | 100-451 | Minority Affairs | $ | 47,000 | $ | 47,000 | 50706 | ||||
| GRF | 100-734 | Major Maintenance - State Bldgs | $ | 50,000 | $ | 50,000 | 50707 | ||||
| GRF | 102-321 | Construction Compliance | $ | 1,190,959 | $ | 1,206,779 | 50708 | ||||
| GRF | 130-321 | State Agency Support Services | $ | 2,693,788 | $ | 2,668,986 | 50709 | ||||
| TOTAL GRF General Revenue Fund | $ | 160,847,507 | $ | 161,361,940 | 50710 | ||||||
| General Services Fund Group | 50711 |
| 112 | 100-616 | DAS Administration | $ | 5,221,393 | $ | 5,299,427 | 50712 | ||||
| 115 | 100-632 | Central Service Agency | $ | 466,517 | $ | 485,178 | 50713 | ||||
| 117 | 100-644 | General Services Division - Operating | $ | 6,834,247 | $ | 7,245,772 | 50714 | ||||
| 122 | 100-637 | Fleet Management | $ | 4,025,043 | $ | 4,032,968 | 50715 | ||||
| 125 | 100-622 | Human Resources Division - Operating | $ | 18,293,921 | $ | 18,210,762 | 50716 | ||||
| 127 | 100-627 | Vehicle Liability Insurance | $ | 3,344,644 | $ | 3,344,644 | 50717 | ||||
| 128 | 100-620 | Collective Bargaining | $ | 3,410,952 | $ | 3,410,952 | 50718 | ||||
| 130 | 100-606 | Risk Management Reserve | $ | 223,904 | $ | 223,904 | 50719 | ||||
| 131 | 100-639 | State Architect's Office | $ | 6,977,274 | $ | 7,047,427 | 50720 | ||||
| 132 | 100-631 | DAS Building Management | $ | 10,721,430 | $ | 11,066,228 | 50721 | ||||
| 133 | 100-607 | IT Services Delivery | $ | 81,418,432 | $ | 80,345,564 | 50722 | ||||
| 188 | 100-649 | Equal Opportunity Division - Operating | $ | 993,378 | $ | 1,010,256 | 50723 | ||||
| 201 | 100-653 | General Services Resale Merchandise | $ | 1,553,000 | $ | 1,553,000 | 50724 | ||||
| 210 | 100-612 | State Printing | $ | 5,931,421 | $ | 5,931,421 | 50725 | ||||
| 229 | 100-630 | IT Governance | $ | 18,531,812 | $ | 17,601,712 | 50726 | ||||
| 4N6 | 100-617 | Major IT Purchases | $ | 10,617,166 | $ | 10,617,166 | 50727 | ||||
| 4P3 | 100-603 | DAS Information Services | $ | 5,902,099 | $ | 6,117,004 | 50728 | ||||
| 427 | 100-602 | Investment Recovery | $ | 5,580,208 | $ | 5,683,564 | 50729 | ||||
| 5C2 | 100-605 | MARCS Administration | $ | 9,268,178 | $ | 9,268,178 | 50730 | ||||
| 5C3 | 100-608 | Skilled Trades | $ | 1,406,278 | $ | 1,434,982 | 50731 | ||||
| 5D7 | 100-621 | Workforce Development | $ | 12,000,000 | $ | 12,000,000 | 50732 | ||||
| 5L7 | 100-610 | Professional Development | $ | 2,700,000 | $ | 2,700,000 | 50733 | ||||
| 5V6 | 100-619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 50734 | ||||
| TOTAL GSF General Services Fund | 50735 | ||||||||||
| Group | $ | 216,357,426 | $ | 215,566,238 | 50736 | ||||||
| Federal Special Revenue Fund Group | 50737 |
| 3AJ | 100-623 | Information Technology Grants | $ | 82,048 | $ | 82,048 | 50738 | ||||
| TOTAL FSR Federal Special Revenue Fund Group | $ | 82,048 | $ | 82,048 | 50739 | ||||||
| Agency Fund Group | 50740 |
| 124 | 100-629 | Payroll Deductions | $ | 2,050,000,000 | $ | 2,050,000,000 | 50741 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,050,000,000 | $ | 2,050,000,000 | 50742 | ||||||
| Holding Account Redistribution Fund Group | 50743 |
| R08 | 100-646 | General Services Refunds | $ | 20,000 | $ | 20,000 | 50744 | ||||
| TOTAL 090 Holding Account | 50745 | ||||||||||
| Redistribution Fund Group | $ | 20,000 | $ | 20,000 | 50746 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,427,306,981 | $ | 2,427,030,226 | 50747 | ||||||
| Section 203.12.03. AGENCY AUDIT EXPENSES | 50749 |
| The foregoing appropriation item 100-405, Agency Audit | 50750 |
| Expenses, shall be used for auditing expenses designated in | 50751 |
| division (A)(1) of section 117.13 of the Revised Code for those | 50752 |
| state agencies audited on a biennial basis. | 50753 |
| Section 203.12.06. OHIO BUILDING AUTHORITY | 50754 |
| The foregoing appropriation item 100-447, OBA - Building Rent | 50755 |
| Payments, shall be used to meet all payments at the times they are | 50756 |
| required to be made during the period from July 1, 2005, to June | 50757 |
| 30, 2007, by the Department of Administrative Services to the Ohio | 50758 |
| Building Authority pursuant to leases and agreements under Chapter | 50759 |
| 152. of the Revised Code, but limited to the aggregate amount of | 50760 |
| $231,831,700. These appropriations are the source of funds pledged | 50761 |
| for bond service charges on obligations issued pursuant to Chapter | 50762 |
| 152. of the Revised Code. | 50763 |
| The foregoing appropriation item 100-448, OBA - Building | 50764 |
| Operating Payments, shall be used to meet all payments at the | 50765 |
| times that they are required to be made during the period from | 50766 |
| July 1, 2005, to June 30, 2007, by the Department of | 50767 |
| Administrative Services to the Ohio Building Authority pursuant to | 50768 |
| leases and agreements under Chapter 152. of the Revised Code, but | 50769 |
| limited to the aggregate amount of $51,040,433. | 50770 |
| The payments to the Ohio Building Authority are for the | 50771 |
| purpose of paying the expenses of agencies that occupy space in | 50772 |
| the various state facilities. The Department of Administrative | 50773 |
| Services may enter into leases and agreements with the Ohio | 50774 |
| Building Authority providing for the payment of these expenses. | 50775 |
| The Ohio Building Authority shall report to the Department of | 50776 |
| Administrative Services and the Office of Budget and Management | 50777 |
| not later than five months after the start of a fiscal year the | 50778 |
| actual expenses incurred by the Ohio Building Authority in | 50779 |
| operating the facilities and any balances remaining from payments | 50780 |
| and rentals received in the prior fiscal year. The Department of | 50781 |
| Administrative Services shall reduce subsequent payments by the | 50782 |
| amount of the balance reported to it by the Ohio Building | 50783 |
| Authority. | 50784 |
| Section 203.12.09. DAS - BUILDING OPERATING PAYMENTS | 50785 |
| The foregoing appropriation item 100-449, DAS - Building | 50786 |
| Operating Payments, shall be used to pay the rent expenses of | 50787 |
| veterans organizations pursuant to section 123.024 of the Revised | 50788 |
| Code in fiscal years 2006 and 2007. | 50789 |
| The foregoing appropriation item, 100-449, DAS - Building | 50790 |
| Operating Payments, may be used to provide funding for the cost of | 50791 |
| property appraisals or building studies that the Department of | 50792 |
| Administrative Services may be required to obtain for property | 50793 |
| that is being sold by the state or property under consideration to | 50794 |
| be renovated or purchased by the state. | 50795 |
| Notwithstanding section 125.28 of the Revised Code, the | 50796 |
| remaining portion of the appropriation may be used to pay the | 50797 |
| operating expenses of state facilities maintained by the | 50798 |
| Department of Administrative Services that are not billed to | 50799 |
| building tenants. These expenses may include, but are not limited | 50800 |
| to, the costs for vacant space and space undergoing renovation, | 50801 |
| and the rent expenses of tenants that are relocated due to | 50802 |
| building renovations. These payments shall be processed by the | 50803 |
| Department of Administrative Services through intrastate transfer | 50804 |
| vouchers and placed in the Building Management Fund (Fund 132). | 50805 |
| Section 203.12.12. CENTRAL SERVICE AGENCY FUND | 50806 |
| The Director of Budget and Management may transfer up to | 50807 |
| $363,851 in fiscal year 2006 from the Occupational Licensing and | 50808 |
| Regulatory Fund (Fund 4K9) to the Central Service Agency Fund | 50809 |
| (Fund 115). The Director of Budget and Management may transfer up | 50810 |
| to $45,184 in fiscal year 2006 from the State Medical Board | 50811 |
| Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund | 50812 |
| 115). The Director of Budget and Management may transfer up to | 50813 |
| $625 in fiscal year 2006 from the Motor Vehicle Collision Repair | 50814 |
| Registration Fund (Fund 5H9) to the Central Service Agency Fund | 50815 |
| (Fund 115). The appropriation item 100-632, Central Service | 50816 |
| Agency, shall be used to purchase the necessary equipment, | 50817 |
| products, and services to maintain an automated application for | 50818 |
| the professional licensing boards, and to support their licensing | 50819 |
| functions in fiscal year 2006. The amount of the cash transfers is | 50820 |
| appropriated to appropriation item 100-632, Central Service | 50821 |
| Agency. | 50822 |
| Section 203.12.15. COLLECTIVE BARGAINING ARBITRATION | 50823 |
| EXPENSES | 50824 |
| With approval of the Director of Budget and Management, the | 50825 |
| Department of Administrative Services may seek reimbursement from | 50826 |
| state agencies for the actual costs and expenses the department | 50827 |
| incurs in the collective bargaining arbitration process. The | 50828 |
| reimbursements shall be processed through intrastate transfer | 50829 |
| vouchers and placed in the Collective Bargaining Fund (Fund 128). | 50830 |
| Section 203.12.18. OFFICE OF INFORMATION TECHNOLOGY | 50831 |
| The foregoing appropriation item 100-607, IT Service | 50832 |
| Delivery, shall be used by the Office of Information Technology to | 50833 |
| carry out its responsibilities under section 125.29 of the Revised | 50834 |
| Code. The foregoing appropriation item 100-630, IT Governance, | 50835 |
| shall be used by the Office of Information Technology to carry out | 50836 |
| its responsibilities under section 125.29 of the Revised Code. | 50837 |
| As soon as possible on or after July 1, 2005, the Director of | 50838 |
| Administrative Services shall certify to the Director of Budget | 50839 |
| and Management the amount of cash up to $5,000,000 to be | 50840 |
| transferred from the IT Service Delivery Fund (Fund 133) to the IT | 50841 |
| Governance Fund (Fund 229). This amount represents a portion of | 50842 |
| the cash balance in the IT Service Delivery Fund attributable to | 50843 |
| IT Governance programs. The Director of Budget and Management | 50844 |
| shall transfer the certified amount. | 50845 |
| After final payments are made from fiscal year 2005 | 50846 |
| encumbrances in the IT Service Delivery Fund (Fund 133), the | 50847 |
| Department of Administrative Services shall reconcile fiscal year | 50848 |
| 2005 financial activity in the IT Service Delivery Fund and | 50849 |
| determine the amount of the fund cash balance due to the IT | 50850 |
| Governance Fund (Fund 229). The reconciliation shall be done in | 50851 |
| accordance with federal cost accounting regulations. Not later | 50852 |
| than June 30, 2006, the Director of Administrative Services shall | 50853 |
| make a determination of any additional transfers of cash necessary | 50854 |
| for reconciliation purposes. Upon concurrence with this | 50855 |
| determination, the Director of Budget and Management may transfer | 50856 |
| such cash between the IT Service Delivery Fund and the IT | 50857 |
| Governance Fund. | 50858 |
| Section 203.12.21. EQUAL OPPORTUNITY PROGRAM | 50859 |
| The Department of Administrative Services, with the approval | 50860 |
| of the Director of Budget and Management, shall establish charges | 50861 |
| for recovering the costs of administering the activities supported | 50862 |
| by the State EEO Fund (Fund 188). These charges shall be deposited | 50863 |
| to the credit of the State EEO Fund (Fund 188) upon payment made | 50864 |
| by state agencies, state-supported or state-assisted institutions | 50865 |
| of higher education, and tax-supported agencies, municipal | 50866 |
| corporations, and other political subdivisions of the state, for | 50867 |
| services rendered. | 50868 |
| Section 203.12.24. MERCHANDISE FOR RESALE | 50869 |
| The foregoing appropriation item 100-653, General Services | 50870 |
| Resale Merchandise, shall be used to account for merchandise for | 50871 |
| resale, which is administered by the General Services Division. | 50872 |
| Deposits to the fund may comprise the cost of merchandise for | 50873 |
| resale and shipping fees. | 50874 |
| Section 203.12.27. DAS INFORMATION SERVICES | 50875 |
| There is hereby established in the State Treasury the DAS | 50876 |
| Information Services Fund. The foregoing appropriation item | 50877 |
| 100-603, DAS Information Services, shall be used to pay the costs | 50878 |
| of providing information systems and services in the Department of | 50879 |
| Administrative Services. | 50880 |
| The Department of Administrative Services shall establish | 50881 |
| user charges for all information systems and services that are | 50882 |
| allowable in the statewide indirect cost allocation plan submitted | 50883 |
| annually to the United States Department of Health and Human | 50884 |
| Services. These charges shall comply with federal regulations and | 50885 |
| shall be deposited to the credit of the DAS Information Services | 50886 |
| Fund (Fund 4P3). | 50887 |
| Section 203.12.30. INVESTMENT RECOVERY FUND | 50888 |
| Notwithstanding division (B) of section 125.14 of the Revised | 50889 |
| Code, cash balances in the Investment Recovery Fund (Fund 427) may | 50890 |
| be used to support the operating expenses of the Federal Surplus | 50891 |
| Operating Program created in sections 125.84 to 125.90 of the | 50892 |
| Revised Code. | 50893 |
| Notwithstanding division (B) of section 125.14 of the Revised | 50894 |
| Code, cash balances in the Investment Recovery Fund may be used to | 50895 |
| support the operating expenses of the State Property Inventory and | 50896 |
| Fixed Assets Management System Program. | 50897 |
| Of the foregoing appropriation item 100-602, Investment | 50898 |
| Recovery, up to $2,147,024 in fiscal year 2006 and up to | 50899 |
| $2,205,594 in fiscal year 2007 shall be used to pay the operating | 50900 |
| expenses of the State Surplus Property Program, the Surplus | 50901 |
| Federal Property Program, and the State Property Inventory and | 50902 |
| Fixed Assets Management System Program under Chapter 125. of the | 50903 |
| Revised Code and this section. If additional appropriations are | 50904 |
| necessary for the operations of these programs, the Director of | 50905 |
| Administrative Services shall seek increased appropriations from | 50906 |
| the Controlling Board under section 131.35 of the Revised Code. | 50907 |
| Of the foregoing appropriation item 100-602, Investment | 50908 |
| Recovery, $3,433,184 in fiscal year 2006 and $3,477,970 in fiscal | 50909 |
| year 2007 shall be used to transfer proceeds from the sale of | 50910 |
| surplus property from the Investment Recovery Fund to non-General | 50911 |
| Revenue Funds under division (A)(2) of section 125.14 of the | 50912 |
| Revised Code. If it is determined by the Director of | 50913 |
| Administrative Services that additional appropriations are | 50914 |
| necessary for the transfer of such sale proceeds, the Director of | 50915 |
| Administrative Services may request the Director of Budget and | 50916 |
| Management to increase the amounts. Such amounts are hereby | 50917 |
| appropriated. | 50918 |
| Notwithstanding division (B) of section 125.14 of the Revised | 50919 |
| Code, the Director of Budget and Management, at the request of the | 50920 |
| Director of Administrative Services, shall transfer up to $500,000 | 50921 |
| of the amounts held for transfer to the General Revenue Fund from | 50922 |
| the Investment Recovery Fund to the State Architect's Fund (Fund | 50923 |
| 131) to provide operating cash. | 50924 |
| Section 203.12.33. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM | 50925 |
| Effective with the implementation of the Multi-Agency Radio | 50926 |
| Communications System, the Director of Administrative Services | 50927 |
| shall collect user fees from participants in the system. The | 50928 |
| Director of Administrative Services, with the advice of the | 50929 |
| Multi-Agency Radio Communications System Steering Committee and | 50930 |
| the Director of Budget and Management, shall determine the amount | 50931 |
| of the fees and the manner by which the fees shall be collected. | 50932 |
| Such user charges shall comply with the applicable cost principles | 50933 |
| issued by the federal Office of Management and Budget. All moneys | 50934 |
| from user charges and fees shall be deposited in the state | 50935 |
| treasury to the credit of the Multi-Agency Radio Communications | 50936 |
| System Administration Fund (Fund 5C2), which is hereby established | 50937 |
| in the state treasury. All interest income derived from the | 50938 |
| investment of the fund shall accrue to the fund. | 50939 |
| Section 203.12.36. WORKFORCE DEVELOPMENT FUND | 50940 |
| There is hereby established in the state treasury the | 50941 |
| Workforce Development Fund (Fund 5D7). The foregoing appropriation | 50942 |
| item 100-621, Workforce Development, shall be used to make | 50943 |
| payments from the fund. The fund shall be under the supervision of | 50944 |
| the Department of Administrative Services, which may adopt rules | 50945 |
| with regard to administration of the fund. The fund shall be used | 50946 |
| to pay the costs of the Workforce Development Program, established | 50947 |
| by Article 37 of the contract between the State of Ohio and | 50948 |
| OCSEA/AFSCME, Local 11, effective March 1, 2003, and as modified | 50949 |
| by any successor labor contract between the State of Ohio and | 50950 |
| OCSEA/AFSCME. The program shall be administered in accordance with | 50951 |
| the contract. Revenues shall accrue to the fund as specified in | 50952 |
| the contract. The fund may be used to pay direct and indirect | 50953 |
| costs of the program that are attributable to staff, consultants, | 50954 |
| and service providers. All income derived from the investment of | 50955 |
| the fund shall accrue to the fund. | 50956 |
| If it is determined by the Director of Administrative | 50957 |
| Services that additional appropriation amounts are necessary, the | 50958 |
| Director of Administrative Services may request that the Director | 50959 |
| of Budget and Management increase such amounts. Such amounts are | 50960 |
| hereby appropriated. | 50961 |
| Section 203.12.39. PROFESSIONAL DEVELOPMENT FUND | 50962 |
| The foregoing appropriation item 100-610, Professional | 50963 |
| Development, shall be used to make payments from the Professional | 50964 |
| Development Fund (Fund 5L7) under section 124.182 of the Revised | 50965 |
| Code. | 50966 |
| Section 203.12.42. EMPLOYEE EDUCATIONAL DEVELOPMENT | 50967 |
| There is hereby established in the state treasury the | 50968 |
| Employee Educational Development Fund (Fund 5V6). The foregoing | 50969 |
| appropriation item 100-619, Employee Educational Development, | 50970 |
| shall be used to make payments from the fund. The fund shall be | 50971 |
| used to pay the costs of the administration of educational | 50972 |
| programs per existing collective bargaining agreements with | 50973 |
| District 1199, the Health Care and Social Service Union; State | 50974 |
| Council of Professional Educators; Ohio Education Association and | 50975 |
| National Education Association; the Fraternal Order of Police Ohio | 50976 |
| Labor Council, Unit 2; and the Ohio State Troopers Association, | 50977 |
| Units 1 and 15. The fund shall be under the supervision of the | 50978 |
| Department of Administrative Services, which may adopt rules with | 50979 |
| regard to administration of the fund. The fund shall be | 50980 |
| administered in accordance with the applicable sections of the | 50981 |
| collective bargaining agreements between the State and the | 50982 |
| aforementioned unions. The Department of Administrative Services, | 50983 |
| with the approval of the Director of Budget and Management, shall | 50984 |
| establish charges for recovering the costs of administering the | 50985 |
| educational programs. Receipts for these charges shall be | 50986 |
| deposited into the Employee Educational Development Fund. All | 50987 |
| income derived from the investment of the funds shall accrue to | 50988 |
| the fund. | 50989 |
| If it is determined by the Director of Administrative | 50990 |
| Services that additional appropriation amounts are necessary, the | 50991 |
| Director of Administrative Services may request that the Director | 50992 |
| of Budget and Management increase such amounts. Such amounts are | 50993 |
| hereby appropriated with the approval of the Director of Budget | 50994 |
| and Management. | 50995 |
| Section 203.12.45. MAJOR IT PURCHASES | 50996 |
| The Director of Administrative Services shall compute the | 50997 |
| amount of revenue attributable to the amortization of all | 50998 |
| equipment purchases and capitalized systems from appropriation | 50999 |
| item 100-607, IT Service Delivery; appropriation item 100-617, | 51000 |
| Major IT Purchases; and appropriation item CAP-837, Major IT | 51001 |
| Purchases, which is recovered by the Department of Administrative | 51002 |
| Services as part of the rates charged by the IT Service Delivery | 51003 |
| Fund (Fund 133) created in section 125.15 of the Revised Code. The | 51004 |
| Director of Budget and Management may transfer cash in an amount | 51005 |
| not to exceed the amount of amortization computed from the IT | 51006 |
| Service Delivery Fund (Fund 133) to the Major IT Purchases Fund | 51007 |
| (Fund 4N6). | 51008 |
| Section 203.12.48. INFORMATION TECHNOLOGY ASSESSMENT | 51009 |
| The Director of Administrative Services, with the approval of | 51010 |
| the Director of Budget and Management, may establish an | 51011 |
| information technology assessment for the purpose of recovering | 51012 |
| the cost of selected infrastructure and statewide programs. Such | 51013 |
| assessment shall comply with applicable cost principles issued by | 51014 |
| the federal Office of Management and Budget. The information | 51015 |
| technology assessment shall be charged to all organized bodies, | 51016 |
| offices, or agencies established by the laws of the state for the | 51017 |
| exercise of any function of state government except for the | 51018 |
| General Assembly, any legislative agency, the Supreme Court, the | 51019 |
| other courts of record in Ohio, or any judicial agency, the | 51020 |
| Adjutant General, the Bureau of Workers' Compensation, and | 51021 |
| institutions administered by a board of trustees. Any state-entity | 51022 |
| exempted by this section may utilize the infrastructure or | 51023 |
| statewide program by participating in the information technology | 51024 |
| assessment. All charges for the information technology assessment | 51025 |
| shall be deposited to the credit of the IT Service Delivery Fund | 51026 |
| (Fund 133) created in section 125.15 of the Revised Code. | 51027 |
| Section 203.12.51. UNEMPLOYMENT COMPENSATION FUND | 51028 |
| Within thirty days after the effective date of this section, | 51029 |
| or as soon as possible thereafter, the Director of Administrative | 51030 |
| Services shall certify the remaining cash in the Unemployment | 51031 |
| Compensation Fund (Fund 113) to the Director of Budget and | 51032 |
| Management who shall transfer that amount to the General Revenue | 51033 |
| Fund and abolish the Unemployment Compensation Fund (Fund 113). | 51034 |
| Section 203.12.54. PAYROLL WITHHOLDING FUND | 51035 |
| The foregoing appropriation item 100-629, Payroll Deductions, | 51036 |
| shall be used to make payments from the Payroll Withholding Fund | 51037 |
| (Fund 124). If it is determined by the Director of Budget and | 51038 |
| Management that additional appropriation amounts are necessary, | 51039 |
| such amounts are hereby appropriated. | 51040 |
| Section 203.12.57. GENERAL SERVICES REFUNDS | 51041 |
| The foregoing appropriation item 100-646, General Services | 51042 |
| Refunds, shall be used to hold bid guarantee and building plans | 51043 |
| and specifications deposits until they are refunded. The Director | 51044 |
| of Administrative Services may request that the Director of Budget | 51045 |
| and Management transfer cash received for the costs of providing | 51046 |
| the building plans and specifications to contractors from the | 51047 |
| General Services Refunds Fund to the State Architect's Office Fund | 51048 |
| (Fund 131). Prior to the transfer of cash, the Director of | 51049 |
| Administrative Services shall certify that such amounts are in | 51050 |
| excess of amounts required for refunding deposits and are directly | 51051 |
| related to costs of producing building plans and specifications. | 51052 |
| If it is determined that additional appropriations are necessary, | 51053 |
| such amounts are hereby appropriated. | 51054 |
| Section 203.12.60. MULTI-AGENCY RADIO COMMUNICATION SYSTEM | 51055 |
| DEBT SERVICE PAYMENTS | 51056 |
| The Director of Administrative Services, in consultation with | 51057 |
| the Multi-Agency Radio Communication System (MARCS) Steering | 51058 |
| Committee and the Director of Budget and Management, shall | 51059 |
| determine the share of debt service payments attributable to | 51060 |
| spending for MARCS components that are not specific to any one | 51061 |
| agency and that shall be charged to agencies supported by the | 51062 |
| motor fuel tax. Such share of debt service payments shall be | 51063 |
| calculated for MARCS capital disbursements made beginning July 1, | 51064 |
| 1997. Within thirty days of any payment made from appropriation | 51065 |
| item 100-447, OBA - Building Rent Payments, the Director of | 51066 |
| Administrative Services shall certify to the Director of Budget | 51067 |
| and Management the amount of this share. The Director of Budget | 51068 |
| and Management shall transfer such amounts to the General Revenue | 51069 |
| Fund from the State Highway Safety Fund (Fund 036) established in | 51070 |
| section 4501.06 of the Revised Code. | 51071 |
| The Director of Administrative Services shall consider | 51072 |
| renting or leasing existing tower sites at reasonable or current | 51073 |
| market rates, so long as these existing sites are equipped with | 51074 |
| the technical capabilities to support the MARCS project. | 51075 |
| Section 203.12.63. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 51076 |
| Whenever the Director of Administrative Services declares a | 51077 |
| "public exigency," as provided in division (C) of section 123.15 | 51078 |
| of the Revised Code, the Director shall also notify the members of | 51079 |
| the Controlling Board. | 51080 |
| Section 203.12.66. GENERAL SERVICE CHARGES | 51081 |
| The Department of Administrative Services, with the approval | 51082 |
| of the Director of Budget and Management, shall establish charges | 51083 |
| for recovering the costs of administering the programs in the | 51084 |
| General Services Fund (Fund 117) and the State Printing Fund (Fund | 51085 |
| 210). | 51086 |
| Section 203.15. AAM COMMISSION ON AFRICAN AMERICAN MALES | 51087 |
| General Revenue Fund | 51088 |
| GRF | 036-100 | Personal Services | $ | 220,091 | $ | 220,091 | 51089 | ||||
| GRF | 036-200 | Maintenance | $ | 34,909 | $ | 34,909 | 51090 | ||||
| GRF | 036-300 | Equipment | $ | 1,000 | $ | 1,000 | 51091 | ||||
| GRF | 036-501 | CAAM Awards and Scholarships | $ | 1,000 | $ | 1,000 | 51092 | ||||
| GRF | 036-502 | Community Projects | $ | 25,000 | $ | 25,000 | 51093 | ||||
| TOTAL GRF General Revenue Fund | $ | 282,000 | $ | 282,000 | 51094 | ||||||
| State Special Revenue Fund Group | 51095 |
| 4H3 | 036-601 | Commission on African American Males - Gifts/Grants | $ | 10,000 | $ | 10,000 | 51096 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 10,000 | $ | 10,000 | 51097 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 292,000 | $ | 292,000 | 51098 | ||||||
| COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW | 51099 |
| Annually, not later than the thirty-first day of December, | 51100 |
| the Commission on African American Males shall internally prepare | 51101 |
| and submit to the chairperson and ranking minority member of the | 51102 |
| Human Services Subcommittee of the Finance and Appropriations | 51103 |
| Committee of the House of Representatives a report that | 51104 |
| demonstrates the progress that has been made toward meeting the | 51105 |
| Commission's mission statement. | 51106 |
| Section 203.18. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 51107 |
| General Revenue Fund | 51108 |
| GRF | 029-321 | Operating Expenses | $ | 379,769 | $ | 387,364 | 51109 | ||||
| TOTAL GRF General Revenue Fund | $ | 379,769 | $ | 387,364 | 51110 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 379,769 | $ | 387,364 | 51111 | ||||||
| OPERATING | 51112 |
| The Chief Administrative Officer of the House of | 51113 |
| Representatives and the Clerk of the Senate shall determine, by | 51114 |
| mutual agreement, which of them shall act as fiscal agent for the | 51115 |
| Joint Committee on Agency Rule Review. | 51116 |
| OPERATING EXPENSES | 51117 |
| The unencumbered balance of appropriation item 029-321, | 51118 |
| Operating Expenses, at the end of fiscal year 2006 shall be | 51119 |
| transferred to fiscal year 2007 for use under the same | 51120 |
| appropriation item. | 51121 |
| Section 203.21. AGE DEPARTMENT OF AGING | 51122 |
| General Revenue Fund | 51123 |
| GRF | 490-321 | Operating Expenses | $ | 2,579,867 | $ | 2,308,867 | 51124 | ||||
| GRF | 490-403 | PASSPORT | $ | 112,045,715 | $ | 121,009,372 | 51125 | ||||
| GRF | 490-405 | Golden Buckeye Card | $ | 467,614 | $ | 467,614 | 51126 | ||||
| GRF | 490-406 | Senior Olympics | $ | 15,638 | $ | 15,638 | 51127 | ||||
| GRF | 490-409 | Ohio Community Service Council Operations | $ | 203,647 | $ | 193,465 | 51128 | ||||
| GRF | 490-410 | Long-Term Care Ombudsman | $ | 689,437 | $ | 689,437 | 51129 | ||||
| GRF | 490-411 | Senior Community Services | $ | 10,630,988 | $ | 10,630,988 | 51130 | ||||
| GRF | 490-412 | Residential State Supplement | $ | 9,156,771 | $ | 9,156,771 | 51131 | ||||
| GRF | 490-414 | Alzheimers Respite | $ | 4,085,888 | $ | 4,085,888 | 51132 | ||||
| GRF | 490-416 | JCFS Elderly Transportation | $ | 100,000 | $ | 100,000 | 51133 | ||||
| GRF | 490-421 | PACE | $ | 11,354,145 | $ | 10,214,809 | 51134 | ||||
| GRF | 490-422 | Assisted Living Waiver | $ | 0 | $ | 359,919 | 51135 | ||||
| GRF | 490-506 | National Senior Service Corps | $ | 352,943 | $ | 352,943 | 51136 | ||||
| TOTAL GRF General Revenue Fund | $ | 151,682,653 | $ | 159,585,711 | 51137 | ||||||
| General Services Fund Group | 51138 |
| 480 | 490-606 | Senior Community Outreach and Education | $ | 372,677 | $ | 372,677 | 51139 | ||||
| TOTAL GSF General Services Fund | 51140 | ||||||||||
| Group | $ | 372,677 | $ | 372,677 | 51141 | ||||||
| Federal Special Revenue Fund Group | 51142 |
| 3C4 | 490-607 | PASSPORT | $ | 198,683,143 | $ | 218,196,387 | 51143 | ||||
| 3C4 | 490-621 | PACE-Federal | $ | 10,854,083 | $ | 14,586,135 | 51144 | ||||
| 3C4 | 490-622 | Assisted Living-Federal | $ | 0 | $ | 5,687,374 | 51145 | ||||
| 3M3 | 490-611 | Federal Aging Nutrition | $ | 27,622,693 | $ | 28,037,034 | 51146 | ||||
| 3M4 | 490-612 | Federal Independence Services | $ | 27,907,287 | $ | 28,325,896 | 51147 | ||||
| 3R7 | 490-617 | Ohio Community Service Council Programs | $ | 9,170,000 | $ | 9,170,000 | 51148 | ||||
| 322 | 490-618 | Federal Aging Grants | $ | 14,834,354 | $ | 15,014,494 | 51149 | ||||
| TOTAL FED Federal Special Revenue | 51150 | ||||||||||
| Fund Group | $ | 289,071,560 | $ | 319,017,320 | 51151 | ||||||
| State Special Revenue Fund Group | 51152 |
| 4C4 | 490-609 | Regional Long-Term Care Ombudsman Program | $ | 910,000 | $ | 935,000 | 51153 | ||||
| 4J4 | 490-610 | PASSPORT/Residential State Supplement | $ | 33,263,984 | $ | 33,263,984 | 51154 | ||||
| 4U9 | 490-602 | PASSPORT Fund | $ | 4,424,969 | $ | 4,424,969 | 51155 | ||||
| 5BA | 490-620 | Ombudsman Support | $ | 615,000 | $ | 0 | 51156 | ||||
| 5K9 | 490-613 | Long Term Care Consumers Guide | $ | 298,400 | $ | 620,000 | 51157 | ||||
| 5W1 | 490-616 | Resident Services Coordinator Program | $ | 262,500 | $ | 262,500 | 51158 | ||||
| 624 | 490-604 | OCSC Community Support | $ | 2,500 | $ | 2,500 | 51159 | ||||
| TOTAL SSR State Special Revenue | 51160 | ||||||||||
| Fund Group | $ | 39,777,353 | $ | 39,508,953 | 51161 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 480,904,243 | $ | 518,484,661 | 51162 | ||||||
| Section 203.21.03. PRE-ADMISSION REVIEW FOR NURSING FACILITY | 51164 |
| ADMISSION | 51165 |
| Pursuant to sections 5101.751 and 5101.754 of the Revised | 51166 |
| Code and an interagency agreement, the Department of Job and | 51167 |
| Family Services shall designate the Department of Aging to perform | 51168 |
| assessments under sections 5101.75 and 5111.204 of the Revised | 51169 |
| Code. Of the foregoing appropriation item 490-403, PASSPORT, the | 51170 |
| Department of Aging may use not more than $2,586,648 in fiscal | 51171 |
| year 2006 and $2,651,315 in fiscal year 2007 to perform the | 51172 |
| assessments for persons not eligible for Medicaid under the | 51173 |
| department's interagency agreement with the Department of Job and | 51174 |
| Family Services and to assist individuals in planning for their | 51175 |
| long-term health care needs. | 51176 |
| Section 203.21.06. PASSPORT | 51177 |
| Appropriation item 490-403, PASSPORT, and the amounts set | 51178 |
| aside for the PASSPORT Waiver Program in appropriation item | 51179 |
| 490-610, PASSPORT/Residential State Supplement, may be used to | 51180 |
| assess clients regardless of Medicaid eligibility. | 51181 |
| The Director of Aging shall adopt rules under section 111.15 | 51182 |
| of the Revised Code governing the nonwaiver funded PASSPORT | 51183 |
| program, including client eligibility. | 51184 |
| The Department of Aging shall administer the Medicaid | 51185 |
| waiver-funded PASSPORT Home Care Program as delegated by the | 51186 |
| Department of Job and Family Services in an interagency agreement. | 51187 |
| The foregoing appropriation item 490-403, PASSPORT, and the | 51188 |
| amounts set aside for the PASSPORT Waiver Program in appropriation | 51189 |
| item 490-610, PASSPORT/Residential State Supplement, shall be used | 51190 |
| to provide the required state match for federal Medicaid funds | 51191 |
| supporting the Medicaid Waiver-funded PASSPORT Home Care Program. | 51192 |
| Appropriation item 490-403, PASSPORT, and the amounts set aside | 51193 |
| for the PASSPORT Waiver Program in appropriation item 490-610, | 51194 |
| PASSPORT/Residential State Supplement, may also be used to support | 51195 |
| the Department of Aging's administrative costs associated with | 51196 |
| operating the PASSPORT program. | 51197 |
| The foregoing appropriation item 490-607, PASSPORT, shall be | 51198 |
| used to provide the federal matching share for all PASSPORT | 51199 |
| program costs determined by the Department of Job and Family | 51200 |
| Services to be eligible for Medicaid reimbursement. | 51201 |
| OHIO COMMUNITY SERVICE COUNCIL | 51202 |
| The foregoing appropriation items 490-409, Ohio Community | 51203 |
| Service Council Operations, and 490-617, Ohio Community Service | 51204 |
| Council Programs, shall be used in accordance with section 121.40 | 51205 |
| of the Revised Code. | 51206 |
| The Director of Budget and Management shall transfer, by | 51207 |
| intrastate transfer voucher, in fiscal year 2006, $615,000 from | 51208 |
| Fund 4E3, Resident Protection Fund, in the Department of Job and | 51209 |
| Family Services, to Fund 5BA in the Department of Aging, to be | 51210 |
| used for program management for the Office of the State Long-Term | 51211 |
| Care Ombudsman created by the Department of Aging under division | 51212 |
| (M) of section 173.01 of the Revised Code. | 51213 |
| SENIOR COMMUNITY SERVICES | 51214 |
| Appropriation item 490-411, Senior Community Services, shall | 51215 |
| be used for services designated by the Department of Aging, | 51216 |
| including, but not limited to, home-delivered and congregate | 51217 |
| meals, transportation services, personal care services, respite | 51218 |
| services, adult day services, home repair, care coordination, and | 51219 |
| decision support systems. Service priority shall be given to low | 51220 |
| income, frail, and cognitively impaired persons 60 years of age | 51221 |
| and over. The department shall promote cost sharing by service | 51222 |
| recipients for those services funded with block grant funds, | 51223 |
| including, when possible, sliding-fee scale payment systems based | 51224 |
| on the income of service recipients. | 51225 |
| ALZHEIMERS RESPITE | 51226 |
| The foregoing appropriation item 490-414, Alzheimers Respite, | 51227 |
| shall be used to fund only Alzheimer's disease services under | 51228 |
| section 173.04 of the Revised Code. | 51229 |
| JCFS ELDERLY TRANSPORTATION | 51230 |
| The foregoing appropriation item 490-416, JCFS Elderly | 51231 |
| Transportation, shall be used for noncapital expenses related to | 51232 |
| transportation services for the elderly that provide access to | 51233 |
| such things as healthcare services, congregate meals, | 51234 |
| socialization programs, and grocery shopping. The funds shall pass | 51235 |
| through and shall be administered by the Area Agencies on Aging. | 51236 |
| Agencies receiving funding from appropriation item 490-416, | 51237 |
| JCFS Elderly Transportation, shall coordinate services with other | 51238 |
| local service agencies. | 51239 |
| RESIDENTIAL STATE SUPPLEMENT | 51240 |
| Under the Residential State Supplement Program, the amount | 51241 |
| used to determine whether a resident is eligible for payment and | 51242 |
| for determining the amount per month the eligible resident will | 51243 |
| receive shall be as follows: | 51244 |
| (A) $900 for a residential care facility, as defined in | 51245 |
| section 3721.01 of the Revised Code; | 51246 |
| (B) $900 for an adult group home, as defined in Chapter 3722. | 51247 |
| of the Revised Code; | 51248 |
| (C) $800 for an adult foster home, as defined in Chapter 173. | 51249 |
| of the Revised Code; | 51250 |
| (D) $800 for an adult family home, as defined in Chapter | 51251 |
| 3722. of the Revised Code; | 51252 |
| (E) $800 for an adult community alternative home, as defined | 51253 |
| in Chapter 3724. of the Revised Code; | 51254 |
| (F) $800 for an adult residential facility, as defined in | 51255 |
| Chapter 5119. of the Revised Code; | 51256 |
| (G) $600 for adult community mental health housing services, | 51257 |
| as defined in division (B)(5) of section 173.35 of the Revised | 51258 |
| Code. | 51259 |
| The Departments of Aging and Job and Family Services shall | 51260 |
| reflect these amounts in any applicable rules the departments | 51261 |
| adopt under section 173.35 of the Revised Code. | 51262 |
| LONG-TERM CARE OMBUDSMAN | 51263 |
| The foregoing appropriation item 490-410, Long-Term Care | 51264 |
| Ombudsman, shall be used for a program to fund ombudsman program | 51265 |
| activities in nursing homes, adult care facilities, boarding | 51266 |
| homes, and home and community care services. | 51267 |
| TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 51268 |
| In fiscal year 2006, the Department of Aging may transfer | 51269 |
| cash by intrastate transfer vouchers from the foregoing | 51270 |
| appropriation items 490-412, Residential State Supplement, and | 51271 |
| 490-610, PASSPORT/Residential State Supplement, to the Department | 51272 |
| of Job and Family Services' Fund 4J5, Home and Community-Based | 51273 |
| Services for the Aged Fund. The funds shall be used to make | 51274 |
| benefit payments to Residential State Supplement recipients. | 51275 |
| TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL | 51276 |
| INDEPENDENCE SERVICES, AND FEDERAL AGING GRANTS | 51277 |
| Upon written request of the Director of Aging, the Director | 51278 |
| of Budget and Management may transfer appropriation authority | 51279 |
| among appropriation items 490-611, Federal Aging Nutrition, | 51280 |
| 490-612, Federal Independence Services, and 490-618, Federal Aging | 51281 |
| Grants, in amounts not to exceed 30 per cent of the appropriation | 51282 |
| from which the transfer is made. The Department of Aging shall | 51283 |
| report a transfer to the Controlling Board at the next regularly | 51284 |
| scheduled meeting of the board. | 51285 |
| REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM | 51286 |
| The foregoing appropriation item 490-609, Regional Long-Term | 51287 |
| Care Ombudsman Program, shall be used solely to pay the costs of | 51288 |
| operating the regional long-term care ombudsman programs. | 51289 |
| PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 51290 |
| Of the foregoing appropriation item 490-610, | 51291 |
| PASSPORT/Residential State Supplement, up to $2,835,000 each | 51292 |
| fiscal year may be used to fund the Residential State Supplement | 51293 |
| Program. The remaining available funds shall be used to fund the | 51294 |
| PASSPORT program. | 51295 |
| TRANSITION PLAN FOR RESIDENTIAL STATE SUPPLEMENT | 51296 |
| Subject to approval by the Social Security Administration, of | 51297 |
| the foregoing appropriation item 490-610, PASSPORT/Residential | 51298 |
| State Supplement, in fiscal year 2007 the Department of Aging | 51299 |
| shall transfer to the Ohio Department of Mental Health sufficient | 51300 |
| funds to make benefit payments for all Residential State | 51301 |
| Supplement recipients who are less than 60 years of age diagnosed | 51302 |
| with mental illness, mental retardation, or a developmental | 51303 |
| disability and are enrolled in the program on June 30, 2006. | 51304 |
| The departments of Aging and Mental Health shall jointly | 51305 |
| petition the Social Security Administration to approve changes to | 51306 |
| the Residential State Supplement program. Changes proposed by the | 51307 |
| two departments shall ensure that Residential State Supplement | 51308 |
| program recipients on June 30, 2006, continue to receive benefit | 51309 |
| payments as long as they remain in the program. Changes proposed | 51310 |
| by the departments of Aging and Mental Health may include | 51311 |
| provisions that improve local accountability to county boards of | 51312 |
| mental health, maximize available funding, and improve the quality | 51313 |
| of residential settings approved for recipients. | 51314 |
| Section 203.24. AGR DEPARTMENT OF AGRICULTURE | 51315 |
| General Revenue Fund | 51316 |
| GRF | 700-321 | Operating Expenses | $ | 2,605,330 | $ | 2,605,330 | 51317 | ||||
| GRF | 700-401 | Animal Disease Control | $ | 3,574,506 | $ | 3,574,506 | 51318 | ||||
| GRF | 700-403 | Dairy Division | $ | 1,304,504 | $ | 1,304,504 | 51319 | ||||
| GRF | 700-404 | Ohio Proud | $ | 185,395 | $ | 185,395 | 51320 | ||||
| GRF | 700-406 | Consumer Analytical Lab | $ | 819,907 | $ | 819,907 | 51321 | ||||
| GRF | 700-407 | Food Safety | $ | 939,099 | $ | 939,099 | 51322 | ||||
| GRF | 700-409 | Farmland Preservation | $ | 241,573 | $ | 241,573 | 51323 | ||||
| GRF | 700-410 | Plant Industry | $ | 391,216 | $ | 50,000 | 51324 | ||||
| GRF | 700-411 | International Trade and Market Development | $ | 517,524 | $ | 517,524 | 51325 | ||||
| GRF | 700-413 | Gypsy Moth Prevention | $ | 200,000 | $ | 200,000 | 51326 | ||||
| GRF | 700-415 | Poultry Inspection | $ | 251,678 | $ | 251,678 | 51327 | ||||
| GRF | 700-418 | Livestock Regulation Program | $ | 1,228,496 | $ | 1,228,496 | 51328 | ||||
| GRF | 700-424 | Livestock Testing and Inspections | $ | 115,946 | $ | 115,946 | 51329 | ||||
| GRF | 700-499 | Meat Inspection Program - State Share | $ | 4,696,889 | $ | 4,696,889 | 51330 | ||||
| GRF | 700-501 | County Agricultural Societies | $ | 358,226 | $ | 358,226 | 51331 | ||||
| TOTAL GRF General Revenue Fund | $ | 17,430,289 | $ | 17,089,073 | 51332 | ||||||
| Federal Special Revenue Fund Group | 51333 |
| 3J4 | 700-607 | Indirect Cost | $ | 1,500,027 | $ | 1,500,027 | 51334 | ||||
| 3R2 | 700-614 | Federal Plant Industry | $ | 4,800,000 | $ | 4,800,000 | 51335 | ||||
| 326 | 700-618 | Meat Inspection Program - Federal Share | $ | 5,201,291 | $ | 5,201,291 | 51336 | ||||
| 336 | 700-617 | Ohio Farm Loan Revolving Fund | $ | 43,793 | $ | 44,679 | 51337 | ||||
| 382 | 700-601 | Cooperative Contracts | $ | 4,300,000 | $ | 4,300,000 | 51338 | ||||
| TOTAL FED Federal Special Revenue | 51339 | ||||||||||
| Fund Group | $ | 15,845,111 | $ | 15,845,997 | 51340 | ||||||
| State Special Revenue Fund Group | 51341 |
| 4C9 | 700-605 | Feed, Fertilizer, Seed, and Lime Inspection | $ | 1,922,857 | $ | 1,891,395 | 51342 | ||||
| 4D2 | 700-609 | Auction Education | $ | 23,885 | $ | 24,601 | 51343 | ||||
| 4E4 | 700-606 | Utility Radiological Safety | $ | 73,059 | $ | 73,059 | 51344 | ||||
| 4P7 | 700-610 | Food Safety Inspection | $ | 816,096 | $ | 858,096 | 51345 | ||||
| 4R0 | 700-636 | Ohio Proud Marketing | $ | 38,300 | $ | 38,300 | 51346 | ||||
| 4R2 | 700-637 | Dairy Industry Inspection | $ | 1,541,466 | $ | 1,621,460 | 51347 | ||||
| 4T6 | 700-611 | Poultry and Meat Inspection | $ | 47,294 | $ | 47,294 | 51348 | ||||
| 4T7 | 700-613 | International Trade and Market Development | $ | 52,000 | $ | 54,000 | 51349 | ||||
| 494 | 700-612 | Agricultural Commodity Marketing Program | $ | 170,220 | $ | 170,220 | 51350 | ||||
| 496 | 700-626 | Ohio Grape Industries | $ | 1,071,099 | $ | 1,071,054 | 51351 | ||||
| 497 | 700-627 | Commodity Handlers Regulatory Program | $ | 515,820 | $ | 529,978 | 51352 | ||||
| 5BF | 700-643 | Weights and Measures | $ | 1,160,600 | $ | 1,160,600 | 51353 | ||||
| 5B8 | 700-629 | Auctioneers | $ | 365,390 | $ | 365,390 | 51354 | ||||
| 5H2 | 700-608 | Metrology Lab and Scale Certification | $ | 351,526 | $ | 362,526 | 51355 | ||||
| 5L8 | 700-604 | Livestock Management Program | $ | 30,000 | $ | 30,000 | 51356 | ||||
| 578 | 700-620 | Ride Inspection Fees | $ | 829,943 | $ | 839,943 | 51357 | ||||
| 652 | 700-634 | Animal and Consumer Analytical Laboratory | $ | 1,876,624 | $ | 1,831,232 | 51358 | ||||
| 669 | 700-635 | Pesticide Program | $ | 2,993,232 | $ | 3,354,448 | 51359 | ||||
| TOTAL SSR State Special Revenue | 51360 | ||||||||||
| Fund Group | $ | 13,879,411 | $ | 14,323,596 | 51361 | ||||||
| Clean Ohio Fund Group | 51362 |
| 057 | 700-632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | 51363 | ||||
| TOTAL CLR Clean Ohio Fund Group | $ | 149,000 | $ | 149,000 | 51364 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 47,303,811 | $ | 47,407,666 | 51365 |
| FAMILY FARM LOAN PROGRAM | 51366 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 51367 |
| $1,500,000 in each fiscal year shall be transferred from moneys in | 51368 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 51369 |
| Loan Fund (Fund 5H1) in the Department of Development. These | 51370 |
| moneys shall be used for loan guarantees. The transfer is subject | 51371 |
| to Controlling Board approval. | 51372 |
| Financial assistance from the Family Farm Loan Fund (Fund | 51373 |
| 5H1) shall be repaid to Fund 5H1. This fund is established in | 51374 |
| accordance with sections 166.031, 901.80, 901.81, 901.82, and | 51375 |
| 901.83 of the Revised Code. | 51376 |
| When the Family Farm Loan Fund (Fund 5H1) ceases to exist, | 51377 |
| all outstanding balances, all loan repayments, and any other | 51378 |
| outstanding obligations shall revert to the Facilities | 51379 |
| Establishment Fund (Fund 037). | 51380 |
| Section 203.24.03. FERTILIZER-RELATED LICENSURE AND | 51381 |
| REGISTRATION | 51382 |
| To facilitate implementation of the new schedule for | 51383 |
| fertilizer-related licensure, registration, and reporting | 51384 |
| established under sections 905.32, 905.33, 905.331, and 905.36 of | 51385 |
| the Revised Code, as amended by this act, all of the following | 51386 |
| apply: | 51387 |
| (A) With regard to licenses for which applications for the | 51388 |
| license period beginning July 1, 2005, have been submitted under | 51389 |
| sections 905.32 and 905.331 of the Revised Code as those sections | 51390 |
| existed prior to their amendment by this act, a license shall be | 51391 |
| issued for a period beginning on July 1, 2005, and ending on | 51392 |
| November 30, 2005, and shall expire on November 30, 2005. | 51393 |
| (B) With regard to registrations of a specialty fertilizer | 51394 |
| for which applications for the registration period beginning July | 51395 |
| 1, 2005, have been submitted under section 905.33 of the Revised | 51396 |
| Code as that section existed prior to its amendment by this act, a | 51397 |
| registration shall be issued for the period beginning on July 1, | 51398 |
| 2005, and ending on November 30, 2005, and shall expire on | 51399 |
| November 30, 2005. | 51400 |
| (C) A person who is required to submit a tonnage report | 51401 |
| within thirty days of June 30, 2005, under section 905.36 of the | 51402 |
| Revised Code as that section existed prior to its amendments by | 51403 |
| this act shall submit the report by that date. However, the person | 51404 |
| shall submit a new annual tonnage report by November 30, 2005, as | 51405 |
| required by section 905.36 of the Revised Code as amended by this | 51406 |
| act. | 51407 |
| COMMERCIAL FEED, FERTILIZER, SEED, AND LIME INSPECTION AND | 51408 |
| LABORATORY FUND | 51409 |
| The Commerical Feed, Fertilizer, Seed, and Lime Inspection | 51410 |
| and Laboratory Fund created in section 905.38 of the Revised Code, | 51411 |
| as amended by this act, is a continuation of the Commerical Feed, | 51412 |
| Fertilizer, and Lime Inspection and Laboratory Fund that was | 51413 |
| created in that section prior to its amendment by this act. | 51414 |
| Notwithstanding any other provision of law to the contrary, the | 51415 |
| Seed Fund (5Z4) created in section 907.16 of the Revised Code | 51416 |
| shall cease to exist, effective July 1, 2005. All assets, | 51417 |
| liabilities, revenues, and obligations associated with the Seed | 51418 |
| Fund (5Z4) are hereby transferred to the Commerical Feed, | 51419 |
| Fertilizer, Seed, and Lime Inspection and Laboratory Fund (Fund | 51420 |
| 4C9) on July 1, 2005. | 51421 |
| Effective July 1, 2005, or as soon thereafter as possible, | 51422 |
| the Director of Agriculture shall certify to the Director of | 51423 |
| Budget and Management the cash balance in the Seed Fund (5Z4), | 51424 |
| which was merged in section 907.16 of the Revised Code, as amended | 51425 |
| by this act. The Director of Budget and Management shall transfer | 51426 |
| the certified amount to the Commercial Feed, Fertilizer, Seed, and | 51427 |
| Lime Inspection and Laboratory Fund (Fund 4C9), which is created | 51428 |
| in section 907.16 of the Revised Code, formerly named the Seed | 51429 |
| Fund. The Director shall cancel any existing encumbrances against | 51430 |
| appropriation item 700-642, Seed Program, and re-establish them | 51431 |
| against appropriation item 700-605, Feed, Fertilizer, Seed, and | 51432 |
| Lime Inspection. The amounts of the re-established encumbrances | 51433 |
| are hereby appropriated. | 51434 |
| METROLOGY LAB AND SCALE CERTIFICATION FUND | 51435 |
| The Metrology and Scale Certification Fund created in section | 51436 |
| 1327.511 of the Revised Code, as amended by this act, is a | 51437 |
| continuation of the Scale Certification Fund that was created in | 51438 |
| that section prior to its amendment by this act. Notwithstanding | 51439 |
| any other provision of law to the contrary, the Scale | 51440 |
| Certification Fund (Fund 579) created in section 1327.511 of the | 51441 |
| Revised Code shall cease to exist, effective July 1, 2005. All | 51442 |
| assets, liabilities, revenues, and obligations associated with the | 51443 |
| Scale Certification Fund (Fund 579) are hereby transferred to the | 51444 |
| Metrology Lab and Scale Certification Fund (Fund 5H2) on July 1, | 51445 |
| 2005. | 51446 |
| Effective July 1, 2005, or as soon thereafter as possible, | 51447 |
| the Director of Agriculture shall certify to the Director of | 51448 |
| Budget and Management the cash balance in the Scale Certification | 51449 |
| Fund (Fund 579), which was merged in section 1327.511 of the | 51450 |
| Revised Code, as amended by this act. The Director of Budget and | 51451 |
| Management shall transfer the certified amount to the Metrology | 51452 |
| Laboratory and Scale Certification Fund (Fund 5H2) which is | 51453 |
| created in section 1327.511 of the Revised Code, formerly named | 51454 |
| the Scale Certification Laboratory Fund. The Director shall cancel | 51455 |
| any existing encumbrances against appropriation item 700-630, | 51456 |
| Scale Certification, and re-establish them against appropriation | 51457 |
| item 700-608, Metrology Lab. The amounts of the re-established | 51458 |
| encumbrances are hereby appropriated. | 51459 |
| ANIMAL AND CONSUMER ANALYTICAL LABORATORY SERVICES FUND | 51460 |
| Notwithstanding any other provision of law to the contrary, | 51461 |
| the Animal Industry Laboratory Fees Fund (Fund 4V5) created in | 51462 |
| division (E)(1) of section 901.43 of the Revised Code shall cease | 51463 |
| to exist, effective July 1, 2005. All assets, liabilities, | 51464 |
| revenues, and obligations associated with the Animal Industry | 51465 |
| Laboratory Fund (Fund 4V5) are hereby transferred to the Animal | 51466 |
| and Consumer Analytical Laboratory Services Fund (Fund 652) on | 51467 |
| July 1, 2005. | 51468 |
| Effective July 1, 2005, or as soon thereafter as possible, | 51469 |
| the Director of Agriculture shall certify to the Director Budget | 51470 |
| and Management the cash balance in the Animal Industry Laboratory | 51471 |
| Fund (Fund 4V5), which was merged in division (E)(1) of section | 51472 |
| 901.43 of the Revised Code, as amended by this act. The Director | 51473 |
| of Budget and Management shall transfer the certified amount to | 51474 |
| the Animal and Consumer Analytical Laboratory Services Fund (Fund | 51475 |
| 652) which is created in division (E)(2) of section 901.43 of the | 51476 |
| Revised Code, formerly named the Animal Industry Laboratory Fund. | 51477 |
| The Director of Budget and Management shall cancel any existing | 51478 |
| encumbrances against appropriation item 700-615, Animal Industry | 51479 |
| Lab Fees, and re-establish them against appropriation item | 51480 |
| 700-634, Laboratory Services. The amounts of the re-established | 51481 |
| encumbrances are hereby appropriated. | 51482 |
| PESTICIDE REGISTRATION AND INSPECTION FEE | 51483 |
| The registration and inspection fee established in rules | 51484 |
| adopted under section 921.16 of Revised Code for the purposes of | 51485 |
| section 921.02 of the Revised Code, as that section existed prior | 51486 |
| to its amendment by this act, that are in effect on January 1, | 51487 |
| 2005, shall remain in effect until the new fees established in | 51488 |
| section 921.02 of the Revised Code as amended by this act take | 51489 |
| effect on January 1, 2007. | 51490 |
| CLEAN OHIO AGRICULTURAL EASEMENT | 51491 |
| The foregoing appropriation item 700-632, Clean Ohio | 51492 |
| Agricultural Easement, shall be used by the Department of | 51493 |
| Agriculture in administering sections 901.21, 901.22, and 5301.67 | 51494 |
| to 5301.70 of the Revised Code. | 51495 |
| TRANSFER BETWEEN FUNDS | 51496 |
| For fiscal years 2006 and 2007, if the cash credited to the | 51497 |
| Commercial Feed, Fertilizer, Seed, and Lime Inspection and | 51498 |
| Laboratory Fund (Fund 4C9) or the Pesticide Program Fund (Fund | 51499 |
| 669) exceeds the amount necessary to administer the programs for | 51500 |
| which they were intended, the Director of Agriculture may certify | 51501 |
| the amount to the Director of Budget and Management. The Director | 51502 |
| of Budget and Management may transfer the cash to any other fund | 51503 |
| administered by the Director of Agriculture. | 51504 |
| Section 203.27. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 51505 |
| General Revenue Fund | 51506 |
| GRF | 898-402 | Coal Development Office | $ | 568,814 | $ | 573,814 | 51507 | ||||
| GRF | 898-901 | Coal R&D Gen Obligation Debt Service | $ | 7,071,100 | $ | 8,980,800 | 51508 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,639,914 | $ | 9,554,614 | 51509 | ||||||
| Agency Fund Group | 51510 |
| 4Z9 | 898-602 | Small Business Ombudsman | $ | 263,165 | $ | 264,196 | 51511 | ||||
| 5A0 | 898-603 | Small Business Assistance | $ | 71,087 | $ | 71,087 | 51512 | ||||
| 570 | 898-601 | Operating Expenses | $ | 256,875 | $ | 263,693 | 51513 | ||||
| TOTAL AGY Agency Fund Group | $ | 591,127 | $ | 598,976 | 51514 | ||||||
| Coal Research/Development Fund | 51515 |
| 046 | 898-604 | Coal Research and Development Fund | $ | 10,000,000 | $ | 10,000,000 | 51516 | ||||
| TOTAL 046 Coal Research/Development Fund | $ | 10,000,000 | $ | 10,000,000 | 51517 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 18,231,041 | $ | 20,153,590 | 51518 | ||||||
| COAL DEVELOPMENT OFFICE | 51519 |
| The foregoing appropriation item GRF 898-402, Coal | 51520 |
| Development Office, shall be used for the administrative costs of | 51521 |
| the Coal Development Office. | 51522 |
| COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 51523 |
| The foregoing appropriation item GRF 898-901, Coal R & D Gen | 51524 |
| Obligation Debt Service, shall be used to pay all debt service and | 51525 |
| related financing costs at the times they are required to be made | 51526 |
| under sections 151.01 and 151.07 of the Revised Code during the | 51527 |
| period from July 1, 2005, to June 30, 2007. The Office of the | 51528 |
| Sinking Fund or the Director of Budget and Management shall | 51529 |
| effectuate the required payments by intrastate transfer voucher. | 51530 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 51531 |
| The Air Quality Development Authority shall work in close | 51532 |
| collaboration with the Department of Development, the Board of | 51533 |
| Regents, and the Third Frontier Commission in relation to | 51534 |
| appropriation items and programs referred to as Alignment Programs | 51535 |
| in the following paragraph, and other technology-related | 51536 |
| appropriations and programs in the Department of Development, Air | 51537 |
| Quality Development Authority, and the Board of Regents as those | 51538 |
| agencies may designate, to ensure implementation of a coherent | 51539 |
| state strategy with respect to science and technology. | 51540 |
| To the extent permitted by law, the Air Quality Development | 51541 |
| Authority shall assure that coal research and development | 51542 |
| programs, proposals, and projects consider or incorporate | 51543 |
| appropriate collaborations with Third Frontier Project programs | 51544 |
| and grantees and with Alignment Programs and grantees. | 51545 |
| "Alignment Programs" means: appropriation items 195-401, | 51546 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 51547 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 51548 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 51549 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 51550 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 51551 |
| 235-535, Ohio Agricultural Research and Development Center; | 51552 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 51553 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 51554 |
| Academic Resources Network; and 195-435, Biomedical Research and | 51555 |
| Technology Transfer Trust. | 51556 |
| Consistent with the recommendations of the Governor's | 51557 |
| Commission on Higher Education and the Economy, Alignment Programs | 51558 |
| shall be managed and administered (1) to build on existing | 51559 |
| competitive research strengths, (2) to encourage new and emerging | 51560 |
| discoveries and commercialization of ideas and products that will | 51561 |
| benefit the Ohio economy, and (3) to assure improved collaboration | 51562 |
| among Alignment Programs, with programs administered by the Third | 51563 |
| Frontier Commission, and with other state programs that are | 51564 |
| intended to improve economic growth and job creation. | 51565 |
| As directed by the Third Frontier Commission, Alignment | 51566 |
| Program managers shall report to the Commission or to the Third | 51567 |
| Frontier Advisory Board on the contributions of their programs to | 51568 |
| achieving the objectives stated in the preceding paragraph. | 51569 |
| Each alignment program shall be reviewed annually by the | 51570 |
| Third Frontier Commission with respect to its development of | 51571 |
| complementary relationships within a combined state science and | 51572 |
| technology investment portfolio and its overall contribution to | 51573 |
| the state's science and technology strategy, including the | 51574 |
| adoption of appropriately consistent criteria for: (1) the | 51575 |
| scientific merit of activities supported by the program; (2) the | 51576 |
| relevance of the program's activities to commercial opportunities | 51577 |
| in the private sector; (3) the private sector's involvement in a | 51578 |
| process that continually evaluates commercial opportunities to use | 51579 |
| the work supported by the program; and (4) the ability of the | 51580 |
| program and recipients of grant funding from the program to engage | 51581 |
| in activities that are collaborative, complementary, and efficient | 51582 |
| with respect to the expenditure of state funds. Each alignment | 51583 |
| program shall provide annual reports to the Third Frontier | 51584 |
| Commission discussing existing, planned, or possible | 51585 |
| collaborations between programs and recipients of grant funding | 51586 |
| related to technology, development, commercialization, and | 51587 |
| supporting Ohio's economic development. The annual review by the | 51588 |
| Third Frontier Commission shall be a comprehensive review of the | 51589 |
| entire state science and technology program portfolio rather than | 51590 |
| a review of individual programs. | 51591 |
| Requirements for high-performance computing facilities and | 51592 |
| services, including both hardware and software, shall be | 51593 |
| specifically addressed in all proposals for Third Frontier and | 51594 |
| Alignment Program funding. Where such facilities and services | 51595 |
| individually or collectively exceed approximately $100,000 for a | 51596 |
| proposal, the Ohio Supercomputer Center shall convene a panel of | 51597 |
| experts to review the proposal to determine, for the consideration | 51598 |
| of the Third Frontier Commission, whether the proposed project | 51599 |
| requirements can be met through Ohio Supercomputer Center | 51600 |
| facilities or through other means. | 51601 |
| Section 203.30. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 51602 |
| SERVICES | 51603 |
| General Revenue Fund | 51604 |
| GRF | 038-321 | Operating Expenses | $ | 1,128,275 | $ | 1,128,275 | 51605 | ||||
| GRF | 038-401 | Treatment Services | $ | 35,593,265 | $ | 36,661,063 | 51606 | ||||
| GRF | 038-404 | Prevention Services | $ | 1,021,483 | $ | 1,052,127 | 51607 | ||||
| TOTAL GRF General Revenue Fund | $ | 37,743,023 | $ | 38,841,465 | 51608 | ||||||
| General Services Fund | 51609 |
| 5T9 | 038-616 | Problem Gambling Services | $ | 285,000 | $ | 285,000 | 51610 | ||||
| TOTAL GSF General Services Fund Group | $ | 285,000 | $ | 285,000 | 51611 | ||||||
| Federal Special Revenue Fund Group | 51612 |
| 3G3 | 038-603 | Drug Free Schools | $ | 3,500,000 | $ | 3,500,000 | 51613 | ||||
| 3G4 | 038-614 | Substance Abuse Block Grant | $ | 73,000,000 | $ | 73,000,000 | 51614 | ||||
| 3H8 | 038-609 | Demonstration Grants | $ | 7,093,075 | $ | 7,093,075 | 51615 | ||||
| 3J8 | 038-610 | Medicaid | $ | 42,000,000 | $ | 46,000,000 | 51616 | ||||
| 3N8 | 038-611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 51617 | ||||
| TOTAL FED Federal Special Revenue | 51618 | ||||||||||
| Fund Group | $ | 126,093,075 | $ | 130,093,075 | 51619 | ||||||
| State Special Revenue Fund Group | 51620 |
| 475 | 038-621 | Statewide Treatment and Prevention | $ | 17,500,000 | $ | 18,000,000 | 51621 | ||||
| 689 | 038-604 | Education and Conferences | $ | 350,000 | $ | 350,000 | 51622 | ||||
| TOTAL SSR State Special Revenue | 51623 | ||||||||||
| Fund Group | $ | 17,850,000 | $ | 18,350,000 | 51624 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 181,971,098 | $ | 187,569,540 | 51625 | ||||||
| TREATMENT SERVICES | 51626 |
| Of the foregoing appropriation item 038-401, Treatment | 51627 |
| Services, not more than $8,190,000 shall be used by the Department | 51628 |
| of Alcohol and Drug Addiction Services for program grants for | 51629 |
| priority populations in each year of the biennium. | 51630 |
| SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN | 51631 |
| Of the foregoing appropriation item 038-401, Treatment | 51632 |
| Services, $4 million in each fiscal year shall be used to provide | 51633 |
| substance abuse services to families involved in the child welfare | 51634 |
| system under the requirements of Am. Sub. H.B. 484 of the 122nd | 51635 |
| General Assembly. | 51636 |
| SERVICES FOR TANF-ELIGIBLE INDIVIDUALS | 51637 |
| Of the foregoing appropriation item 038-401, Treatment | 51638 |
| Services, $5 million each year shall be used to fund TANF-eligible | 51639 |
| expenditures for substance abuse prevention and treatment services | 51640 |
| to children, or their families, whose income is at or below 200 | 51641 |
| per cent of the official income poverty guideline. The Director of | 51642 |
| Alcohol and Drug Addiction Services and the Director of Job and | 51643 |
| Family Services shall develop operating and reporting guidelines | 51644 |
| for these programs. | 51645 |
| THERAPEUTIC COMMUNITIES | 51646 |
| Of the foregoing appropriation item 038-401, Treatment | 51647 |
| Services, $750,000 shall be used in each fiscal year for expansion | 51648 |
| of the Therapeutic Communities Program in the Department of | 51649 |
| Rehabilitation and Correction. | 51650 |
| PARENT AWARENESS TASK FORCE | 51651 |
| The Parent Awareness Task Force shall study ways to engage | 51652 |
| more parents in activities, coalitions, and educational programs | 51653 |
| in Ohio relating to alcohol and other drug abuse prevention. Of | 51654 |
| the foregoing appropriation item 038-404, Prevention Services, | 51655 |
| $30,000 in each fiscal year may be used to support the functions | 51656 |
| of the Parent Awareness Task Force. | 51657 |
| Section 203.33. AMB MEDICAL TRANSPORTATION BOARD | 51658 |
| General Services Fund Group | 51659 |
| 4N1 | 915-601 | Operating Expenses | $ | 388,450 | $ | 0 | 51660 | ||||
| TOTAL GSF General Services | 51661 | ||||||||||
| Fund Group | $ | 388,450 | $ | 0 | 51662 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 388,450 | $ | 0 | 51663 | ||||||
| Section 203.36. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS | 51665 |
| General Services Fund Group | 51666 |
| 4K9 | 891-609 | Operating Expenses | $ | 489,197 | $ | 0 | 51667 | ||||
| TOTAL GSF General Services Fund | 51668 | ||||||||||
| Group | $ | 489,197 | $ | 0 | 51669 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 489,197 | $ | 0 | 51670 | ||||||
| Section 203.39. ART OHIO ARTS COUNCIL | 51672 |
| General Revenue Fund | 51673 |
| GRF | 370-100 | Personal Services | $ | 1,798,235 | $ | 1,798,235 | 51674 | ||||
| GRF | 370-200 | Maintenance | $ | 459,746 | $ | 459,746 | 51675 | ||||
| GRF | 370-300 | Equipment | $ | 4,700 | $ | 4,700 | 51676 | ||||
| GRF | 370-502 | Program Subsidies | $ | 7,975,480 | $ | 7,975,480 | 51677 | ||||
| TOTAL GRF General Revenue Fund | $ | 10,238,161 | $ | 10,238,161 | 51678 | ||||||
| General Services Fund Group | 51679 |
| 4B7 | 370-603 | Per Cent for Art Acquisitions | $ | 86,366 | $ | 86,366 | 51680 | ||||
| 460 | 370-602 | Gifts and Donations | $ | 400,000 | $ | 400,000 | 51681 | ||||
| TOTAL GSF General Services Fund Group | $ | 486,366 | $ | 486,366 | 51682 | ||||||
| Federal Special Revenue Fund Group | 51683 |
| 314 | 370-601 | Federal Programs | $ | 1,537,200 | $ | 1,537,200 | 51684 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,537,200 | $ | 1,537,200 | 51685 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,261,727 | $ | 12,261,727 | 51686 | ||||||
| PROGRAM SUBSIDIES | 51687 |
| A museum is not eligible to receive funds from appropriation | 51688 |
| item 370-502, Program Subsidies, if $8,000,000 or more in capital | 51689 |
| appropriations were appropriated by the state for the museum | 51690 |
| between January 1, 1986, and December 31, 2002. | 51691 |
| Section 203.42. AFC OHIO CULTURAL FACILITIES COMMISSION | 51692 |
| General Revenue Fund | 51693 |
| GRF | 371-321 | Operating Expenses | $ | 198,406 | $ | 195,707 | 51694 | ||||
| GRF | 371-401 | Lease Rental Payments | $ | 38,126,600 | $ | 38,246,500 | 51695 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,325,006 | $ | 38,442,207 | 51696 | ||||||
| State Special Revenue Fund Group | 51697 |
| 4T8 | 371-601 | Riffe Theatre Equipment Maintenance | $ | 81,000 | $ | 81,000 | 51698 | ||||
| 4T8 | 371-603 | Project Administration | $ | 920,448 | $ | 983,295 | 51699 | ||||
| TOTAL SSR State Special Revenue Group | $ | 1,001,448 | $ | 1,064,295 | 51700 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 39,326,454 | $ | 39,506,502 | 51701 | ||||||
| LEASE RENTAL PAYMENTS | 51702 |
| The foregoing appropriation item 371-401, Lease Rental | 51703 |
| Payments, shall be used for payments to the Ohio Building | 51704 |
| Authority and the Treasurer of State for the period from July 1, | 51705 |
| 2005, to June 30, 2007, under the primary leases and agreements | 51706 |
| for those arts and sports facilities made under Chapters 152. and | 51707 |
| 154. of the Revised Code, but limited to the aggregate amount of | 51708 |
| $76,373,100. This appropriation is the source of funds pledged for | 51709 |
| bond service charges on related obligations issued pursuant to | 51710 |
| Chapter 152. of the Revised Code. | 51711 |
| OPERATING EXPENSES | 51712 |
| The foregoing appropriation item 371-321, Operating Expenses, | 51713 |
| shall be used by the Ohio Cultural Facilities Commission to carry | 51714 |
| out its responsibilities under this section and Chapter 3383. of | 51715 |
| the Revised Code. | 51716 |
| By July 10, 2005, or as soon as possible thereafter, the | 51717 |
| Director of Budget and Management shall determine the amount of | 51718 |
| cash from interest earnings to be transferred from the Ohio | 51719 |
| Cultural Facilities Building Fund (Fund 030) to the AFC | 51720 |
| Administration Fund (Fund 4T8). | 51721 |
| By July 10, 2006, or as soon as possible thereafter, the | 51722 |
| Director of Budget and Management shall determine the amount of | 51723 |
| cash from interest earnings to be transferred from the Ohio | 51724 |
| Cultural Facilities Building Fund (Fund 030) to the AFC | 51725 |
| Administration Fund (Fund 4T8). | 51726 |
| Section 203.45. ATH ATHLETIC COMMISSION | 51727 |
| General Services Fund Group | 51728 |
| 4K9 | 175-609 | Operating Expenses | $ | 248,150 | $ | 0 | 51729 | ||||
| TOTAL GSF General Services Fund Group | $ | 248,150 | $ | 0 | 51730 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 248,150 | $ | 0 | 51731 | ||||||
| Section 203.48. AGO ATTORNEY GENERAL | 51733 |
| General Revenue Fund | 51734 |
| GRF | 055-321 | Operating Expenses | $ | 52,647,688 | $ | 52,610,156 | 51735 | ||||
| GRF | 055-411 | County Sheriffs' Pay Supplement | $ | 760,495 | $ | 779,509 | 51736 | ||||
| GRF | 055-415 | County Prosecutors' Pay Supplement | $ | 740,704 | $ | 759,222 | 51737 | ||||
| TOTAL GRF General Revenue Fund | $ | 54,148,887 | $ | 54,148,887 | 51738 | ||||||
| General Services Fund Group | 51739 |
| 106 | 055-612 | General Reimbursement | $ | 21,370,196 | $ | 21,370,196 | 51740 | ||||
| 107 | 055-624 | Employment Services | $ | 850,000 | $ | 850,000 | 51741 | ||||
| 195 | 055-660 | Workers' Compensation Section | $ | 7,769,628 | $ | 7,769,628 | 51742 | ||||
| 4Y7 | 055-608 | Title Defect Rescission | $ | 250,000 | $ | 250,000 | 51743 | ||||
| 4Z2 | 055-609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,332,109 | $ | 1,332,109 | 51744 | ||||
| 418 | 055-615 | Charitable Foundations | $ | 4,899,066 | $ | 4,899,066 | 51745 | ||||
| 420 | 055-603 | Attorney General Antitrust | $ | 446,449 | $ | 446,449 | 51746 | ||||
| 421 | 055-617 | Police Officers' Training Academy Fee | $ | 1,693,213 | $ | 1,693,213 | 51747 | ||||
| 5A9 | 055-618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 51748 | ||||
| 590 | 055-633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 51749 | ||||
| 629 | 055-636 | Corrupt Activity Investigation and Prosecution | $ | 15,000 | $ | 15,000 | 51750 | ||||
| 631 | 055-637 | Consumer Protection Enforcement | $ | 1,373,832 | $ | 1,373,832 | 51751 | ||||
| TOTAL GSF General Services Fund | 51752 | ||||||||||
| Group | $ | 40,105,363 | $ | 40,105,363 | 51753 | ||||||
| Federal Special Revenue Fund Group | 51754 |
| 3E5 | 055-638 | Attorney General Pass-Through Funds | $ | 1,981,102 | $ | 1,981,102 | 51755 | ||||
| 3R6 | 055-613 | Attorney General Federal Funds | $ | 3,842,097 | $ | 3,842,097 | 51756 | ||||
| 306 | 055-620 | Medicaid Fraud Control | $ | 2,799,000 | $ | 2,799,000 | 51757 | ||||
| 381 | 055-611 | Civil Rights Legal Service | $ | 390,815 | $ | 390,815 | 51758 | ||||
| 383 | 055-634 | Crime Victims Assistance | $ | 18,439,313 | $ | 18,439,313 | 51759 | ||||
| TOTAL FED Federal Special Revenue | 51760 | ||||||||||
| Fund Group | $ | 27,452,327 | $ | 27,452,327 | 51761 | ||||||
| State Special Revenue Fund Group | 51762 |
| 4L6 | 055-606 | DARE | $ | 3,927,962 | $ | 3,927,962 | 51763 | ||||
| 402 | 055-616 | Victims of Crime | $ | 30,000,000 | $ | 30,000,000 | 51764 | ||||
| 419 | 055-623 | Claims Section | $ | 15,149,954 | $ | 15,149,954 | 51765 | ||||
| 659 | 055-641 | Solid and Hazardous Waste Background Investigations | $ | 621,159 | $ | 621,159 | 51766 | ||||
| TOTAL SSR State Special Revenue | 51767 | ||||||||||
| Fund Group | $ | 49,699,075 | $ | 49,699,075 | 51768 | ||||||
| Holding Account Redistribution Fund Group | 51769 |
| R04 | 055-631 | General Holding Account | $ | 275,000 | $ | 275,000 | 51770 | ||||
| R05 | 055-632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 51771 | ||||
| R18 | 055-630 | Consumer Frauds | $ | 300,000 | $ | 300,000 | 51772 | ||||
| R42 | 055-601 | Organized Crime Commission Account | $ | 25,025 | $ | 25,025 | 51773 | ||||
| TOTAL 090 Holding Account | 51774 | ||||||||||
| Redistribution Fund Group | $ | 601,025 | $ | 601,025 | 51775 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 172,006,677 | $ | 172,006,677 | 51776 | ||||||
| COUNTY SHERIFFS' PAY SUPPLEMENT | 51777 |
| The foregoing appropriation item 055-411, County Sheriffs' | 51778 |
| Pay Supplement, shall be used for the purpose of supplementing the | 51779 |
| annual compensation of county sheriffs as required by section | 51780 |
| 325.06 of the Revised Code. | 51781 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 51782 |
| The foregoing appropriation item 055-415, County Prosecutors' | 51783 |
| Pay Supplement, shall be used for the purpose of supplementing the | 51784 |
| annual compensation of certain county prosecutors as required by | 51785 |
| section 325.111 of the Revised Code. | 51786 |
| WORKERS' COMPENSATION SECTION | 51787 |
| The Workers' Compensation Section Fund (Fund 195) is entitled | 51788 |
| to receive payments from the Bureau of Workers' Compensation and | 51789 |
| the Ohio Industrial Commission at the beginning of each quarter of | 51790 |
| each fiscal year to fund legal services to be provided to the | 51791 |
| Bureau of Workers' Compensation and the Ohio Industrial Commission | 51792 |
| during the ensuing quarter. The advance payment shall be subject | 51793 |
| to adjustment. | 51794 |
| In addition, the Bureau of Workers' Compensation shall | 51795 |
| transfer payments at the beginning of each quarter for the support | 51796 |
| of the Workers' Compensation Fraud Unit. | 51797 |
| All amounts shall be mutually agreed upon by the Attorney | 51798 |
| General, the Bureau of Workers' Compensation, and the Ohio | 51799 |
| Industrial Commission. | 51800 |
| CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 51801 |
| The foregoing appropriation item 055-636, Corrupt Activity | 51802 |
| Investigation and Prosecution, shall be used as provided by | 51803 |
| division (D)(2) of section 2923.35 of the Revised Code to dispose | 51804 |
| of the proceeds, fines, and penalties credited to the Corrupt | 51805 |
| Activity Investigation and Prosecution Fund, which is created in | 51806 |
| division (D)(1)(b) of section 2923.35 of the Revised Code. If it | 51807 |
| is determined that additional amounts are necessary for this | 51808 |
| purpose, the amounts are hereby appropriated. | 51809 |
| ORGANIZED CRIME COMMISSION ACCOUNT | 51810 |
| The foregoing appropriation item 055-601, Organized Crime | 51811 |
| Commission Account, shall be used by the Organized Crime | 51812 |
| Investigations Commission, as provided by section 177.011 of the | 51813 |
| Revised Code, to reimburse political subdivisions for the expenses | 51814 |
| the political subdivisions incur when their law enforcement | 51815 |
| officers participate in an organized crime task force. If it is | 51816 |
| determined that additional amounts are necessary for this purpose, | 51817 |
| the amounts are hereby appropriated. | 51818 |
| CONSUMER FRAUDS | 51819 |
| The foregoing appropriation item 055-630, Consumer Frauds, | 51820 |
| shall be used for distribution of moneys from court-ordered | 51821 |
| judgments against sellers in actions brought by the Office of | 51822 |
| Attorney General under sections 1334.08 and 4549.48 and division | 51823 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 51824 |
| used to provide restitution to consumers victimized by the fraud | 51825 |
| that generated the court-ordered judgments. If it is determined | 51826 |
| that additional amounts are necessary for this purpose, the | 51827 |
| amounts are hereby appropriated. | 51828 |
| ANTITRUST SETTLEMENTS | 51829 |
| The foregoing appropriation item 055-632, Antitrust | 51830 |
| Settlements, shall be used to distribute court-ordered antitrust | 51831 |
| settlements in which the Office of Attorney General represents the | 51832 |
| state or a political subdivision under section 109.81 of the | 51833 |
| Revised Code. If it is determined that additional amounts are | 51834 |
| necessary for this purpose, the amounts are hereby appropriated. | 51835 |
| FEDERAL PASS-THROUGH FUNDS | 51836 |
| The foregoing appropriation item 055-638, Attorney General | 51837 |
| Pass-Through Funds, shall be used to receive federal grant funds | 51838 |
| provided to the Attorney General by other state agencies, | 51839 |
| including, but not limited to, the Department of Youth Services | 51840 |
| and the Department of Public Safety. (These grants or subgrants | 51841 |
| generally pertain to criminal justice activities such as law | 51842 |
| enforcement or victims' services.) | 51843 |
| Section 203.51. AUD AUDITOR OF STATE | 51844 |
| General Revenue Fund | 51845 |
| GRF | 070-321 | Operating Expenses | $ | 28,964,425 | $ | 28,964,425 | 51846 | ||||
| GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 500,000 | $ | 500,000 | 51847 | ||||
| GRF | 070-405 | Electronic Data Processing - Auditing and Administration | $ | 823,193 | $ | 823,193 | 51848 | ||||
| GRF | 070-406 | Uniform Accounting Network/Technology Improvements Fund | $ | 1,588,538 | $ | 1,588,538 | 51849 | ||||
| TOTAL GRF General Revenue Fund | $ | 31,876,156 | $ | 31,876,156 | 51850 | ||||||
| Auditor of State Fund Group | 51851 |
| R06 | 070-604 | Continuous Receipts | $ | 35,000 | $ | 35,000 | 51852 | ||||
| 109 | 070-601 | Public Audit Expense - Intra-State | $ | 9,300,000 | $ | 9,300,000 | 51853 | ||||
| 422 | 070-601 | Public Audit Expense - Local Government | $ | 31,104,840 | $ | 31,104,840 | 51854 | ||||
| 584 | 070-603 | Training Program | $ | 131,250 | $ | 131,250 | 51855 | ||||
| 675 | 070-605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 51856 | ||||
| TOTAL AUS Auditor of State Fund | 51857 | ||||||||||
| Group | $ | 43,888,426 | $ | 43,888,426 | 51858 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 75,764,582 | $ | 75,764,582 | 51859 | ||||||
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 51860 |
| The foregoing appropriation item 070-403, Fiscal | 51861 |
| Watch/Emergency Technical Assistance, shall be used for all | 51862 |
| expenses incurred by the Office of the Auditor of State in its | 51863 |
| role relating to fiscal watch or fiscal emergency activities under | 51864 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, but | 51865 |
| are not limited to, the following: duties related to the | 51866 |
| determination or termination of fiscal watch or fiscal emergency | 51867 |
| of municipal corporations, counties, or townships as outlined in | 51868 |
| Chapter 118. of the Revised Code and of school districts as | 51869 |
| outlined in Chapter 3316. of the Revised Code; development of | 51870 |
| preliminary accounting reports; performance of annual forecasts; | 51871 |
| provision of performance audits; and supervisory, accounting, or | 51872 |
| auditing services for the mentioned public entities and school | 51873 |
| districts. The unencumbered balance of appropriation item 070-403, | 51874 |
| Fiscal Watch/Emergency Technical Assistance, at the end of fiscal | 51875 |
| year 2006 is transferred to fiscal year 2007 for use under the | 51876 |
| same appropriation item. | 51877 |
| ELECTRONIC DATA PROCESSING | 51878 |
| The unencumbered balance of appropriation item 070-405, | 51879 |
| Electronic Data Processing - Auditing and Administration, at the | 51880 |
| end of fiscal year 2006 is transferred to fiscal year 2007 for use | 51881 |
| under the same appropriation item. | 51882 |
| UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 51883 |
| The foregoing appropriation item 070-406, Uniform Accounting | 51884 |
| Network/Technology Improvements Fund, shall be used to pay the | 51885 |
| costs of developing and implementing the Uniform Accounting | 51886 |
| Network and technology improvements for the Office of the Auditor | 51887 |
| of State. The unencumbered balance of the appropriation at the end | 51888 |
| of fiscal year 2006 is transferred to fiscal year 2007 to pay the | 51889 |
| costs of developing and implementing the Uniform Accounting | 51890 |
| Network and technology improvements for the Office of the Auditor | 51891 |
| of State. | 51892 |
| Section 203.54. BRB BOARD OF BARBER EXAMINERS | 51893 |
| General Services Fund Group | 51894 |
| 4K9 | 877-609 | Operating Expenses | $ | 568,126 | $ | 0 | 51895 | ||||
| TOTAL GSF General Services Fund | 51896 | ||||||||||
| Group | $ | 568,126 | $ | 0 | 51897 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 568,126 | $ | 0 | 51898 | ||||||
| Section 203.57. OBM OFFICE OF BUDGET AND MANAGEMENT | 51900 |
| General Revenue Fund | 51901 |
| GRF | 042-321 | Budget Development and Implementation | $ | 2,143,886 | $ | 2,143,886 | 51902 | ||||
| GRF | 042-410 | National Association Dues | $ | 27,089 | $ | 28,173 | 51903 | ||||
| GRF | 042-412 | Audit of Auditor of State | $ | 55,900 | $ | 58,700 | 51904 | ||||
| GRF | 042-435 | Gubernatorial Transition | $ | 0 | $ | 250,000 | 51905 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,226,875 | $ | 2,480,759 | 51906 | ||||||
| General Services Fund Group | 51907 |
| 105 | 042-603 | State Accounting | $ | 9,781,085 | $ | 9,976,689 | 51908 | ||||
| TOTAL GSF General Services Fund Group | $ | 9,781,085 | $ | 9,976,689 | 51909 | ||||||
| State Special Revenue Fund Group | 51910 |
| 5N4 | 042-602 | OAKS Project Implementation | $ | 2,262,441 | $ | 2,272,595 | 51911 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 2,262,441 | $ | 2,272,595 | 51912 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,270,401 | $ | 14,730,043 | 51913 | ||||||
| AUDIT COSTS | 51914 |
| Of the foregoing appropriation item 042-603, State | 51915 |
| Accounting, not more than $420,000 in fiscal year 2006 and | 51916 |
| $425,000 in fiscal year 2007 shall be used to pay for centralized | 51917 |
| audit costs associated with either Single Audit Schedules or | 51918 |
| financial statements prepared in conformance with generally | 51919 |
| accepted accounting principles for the state. | 51920 |
| OAKS PROJECT IMPLEMENTATION | 51921 |
| Notwithstanding section 126.25 of the Revised Code, in fiscal | 51922 |
| years 2006 and 2007, rebates or revenue shares received from any | 51923 |
| state payment card program established under division (B) of | 51924 |
| section 126.21 of the Revised Code may be deposited into the OAKS | 51925 |
| Project Implementation Fund (Fund 5N4). | 51926 |
| Section 203.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 51927 |
| General Revenue Fund | 51928 |
| GRF | 874-100 | Personal Services | $ | 1,900,000 | $ | 1,900,000 | 51929 | ||||
| GRF | 874-320 | Maintenance and Equipment | $ | 952,269 | $ | 952,269 | 51930 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,852,269 | $ | 2,852,269 | 51931 | ||||||
| General Services Fund Group | 51932 |
| 4G5 | 874-603 | Capitol Square Maintenance Expenses | $ | 15,000 | $ | 15,000 | 51933 | ||||
| 4S7 | 874-602 | Statehouse Gift Shop/Events | $ | 770,484 | $ | 770,484 | 51934 | ||||
| TOTAL GSF General Services | 51935 | ||||||||||
| Fund Group | $ | 785,484 | $ | 785,484 | 51936 | ||||||
| Underground Parking Garage | 51937 |
| 208 | 874-601 | Underground Parking Garage Operating | $ | 2,959,721 | $ | 2,959,721 | 51938 | ||||
| TOTAL UPG Underground Parking | 51939 | ||||||||||
| Garage | $ | 2,959,721 | $ | 2,959,721 | 51940 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,597,474 | $ | 6,597,474 | 51941 | ||||||
| Section 203.63. SCR STATE BOARD OF CAREER COLLEGES AND | 51943 |
| SCHOOLS | 51944 |
| General Services Fund Group | 51945 |
| 4K9 | 233-601 | Operating Expenses | $ | 486,700 | $ | 508,600 | 51946 | ||||
| TOTAL GSF General Services Fund Group | $ | 486,700 | $ | 508,600 | 51947 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 486,700 | $ | 508,600 | 51948 | ||||||
| Section 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 51950 |
| General Services Fund Group | 51951 |
| 4K9 | 930-609 | Operating Expenses | $ | 452,976 | $ | 0 | 51952 | ||||
| TOTAL GSF General Services Fund Group | $ | 452,976 | $ | 0 | 51953 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 452,976 | $ | 0 | 51954 | ||||||
| Section 203.69. CHR STATE CHIROPRACTIC BOARD | 51956 |
| General Services Fund Group | 51957 |
| 4K9 | 878-609 | Operating Expenses | $ | 605,278 | $ | 0 | 51958 | ||||
| TOTAL GSF General Services Fund | 51959 | ||||||||||
| Group | $ | 605,278 | $ | 0 | 51960 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 605,278 | $ | 0 | 51961 | ||||||
| Section 203.72. CIV OHIO CIVIL RIGHTS COMMISSION | 51963 |
| General Revenue Fund | 51964 |
| GRF | 876-321 | Operating Expenses | $ | 7,253,075 | $ | 7,470,667 | 51965 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,253,075 | $ | 7,470,667 | 51966 | ||||||
| Federal Special Revenue Fund Group | 51967 |
| 334 | 876-601 | Investigations | $ | 3,760,000 | $ | 3,560,000 | 51968 | ||||
| TOTAL FED Federal Special Revenue | 51969 | ||||||||||
| Fund Group | $ | 3,760,000 | $ | 3,560,000 | 51970 | ||||||
| State Special Revenue Fund Group | 51971 |
| 217 | 876-604 | Operations Support | $ | 50,951 | $ | 50,951 | 51972 | ||||
| TOTAL SSR State Special | 51973 | ||||||||||
| Revenue Fund Group | $ | 50,951 | $ | 50,951 | 51974 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,064,026 | $ | 11,081,618 | 51975 | ||||||
| Section 203.75. COM DEPARTMENT OF COMMERCE | 51977 |
| General Revenue Fund | 51978 |
| GRF | 800-410 | Labor and Worker Safety | $ | 2,086,477 | $ | 2,032,397 | 51979 | ||||
| Total GRF General Revenue Fund | $ | 2,086,477 | $ | 2,032,397 | 51980 | ||||||
| General Services Fund Group | 51981 |
| 163 | 800-620 | Division of Administration | $ | 4,262,314 | $ | 4,368,037 | 51982 | ||||
| 163 | 800-637 | Information Technology | $ | 2,733,853 | $ | 2,785,045 | 51983 | ||||
| 5F1 | 800-635 | Small Government Fire Departments | $ | 250,000 | $ | 250,000 | 51984 | ||||
| 543 | 800-602 | Unclaimed Funds-Operating | $ | 7,351,051 | $ | 7,351,051 | 51985 | ||||
| 543 | 800-625 | Unclaimed Funds-Claims | $ | 52,000,000 | $ | 55,000,000 | 51986 | ||||
| TOTAL GSF General Services Fund | 51987 | ||||||||||
| Group | $ | 66,597,218 | $ | 69,754,133 | 51988 | ||||||
| Federal Special Revenue Fund Group | 51989 |
| 348 | 800-622 | Underground Storage Tanks | $ | 195,008 | $ | 195,008 | 51990 | ||||
| 348 | 800-624 | Leaking Underground Storage Tanks | $ | 1,850,000 | $ | 1,850,000 | 51991 | ||||
| TOTAL FED Federal Special Revenue | 51992 | ||||||||||
| Fund Group | $ | 2,045,008 | $ | 2,045,008 | 51993 | ||||||
| State Special Revenue Fund Group | 51994 |
| 4B2 | 800-631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 51995 | ||||
| 4H9 | 800-608 | Cemeteries | $ | 273,465 | $ | 273,465 | 51996 | ||||
| 4X2 | 800-619 | Financial Institutions | $ | 2,200,843 | $ | 2,200,843 | 51997 | ||||
| 5K7 | 800-621 | Penalty Enforcement | $ | 50,000 | $ | 50,000 | 51998 | ||||
| 544 | 800-612 | Banks | $ | 6,757,197 | $ | 6,759,197 | 51999 | ||||
| 545 | 800-613 | Savings Institutions | $ | 2,678,248 | $ | 2,669,774 | 52000 | ||||
| 546 | 800-610 | Fire Marshal | $ | 12,187,994 | $ | 12,292,994 | 52001 | ||||
| 546 | 800-639 | Fire Department Grants | $ | 1,647,140 | $ | 1,647,140 | 52002 | ||||
| 547 | 800-603 | Real Estate Education/Research | $ | 250,000 | $ | 250,000 | 52003 | ||||
| 548 | 800-611 | Real Estate Recovery | $ | 50,000 | $ | 50,000 | 52004 | ||||
| 549 | 800-614 | Real Estate | $ | 3,605,892 | $ | 3,605,892 | 52005 | ||||
| 550 | 800-617 | Securities | $ | 4,300,000 | $ | 4,400,000 | 52006 | ||||
| 552 | 800-604 | Credit Union | $ | 2,936,852 | $ | 2,941,852 | 52007 | ||||
| 553 | 800-607 | Consumer Finance | $ | 4,300,445 | $ | 4,300,445 | 52008 | ||||
| 556 | 800-615 | Industrial Compliance | $ | 25,037,257 | $ | 25,037,257 | 52009 | ||||
| 6A4 | 800-630 | Real Estate Appraiser-Operating | $ | 664,006 | $ | 664,006 | 52010 | ||||
| 653 | 800-629 | UST Registration/Permit Fee | $ | 1,249,632 | $ | 1,249,632 | 52011 | ||||
| TOTAL SSR State Special Revenue | 52012 | ||||||||||
| Fund Group | $ | 68,223,971 | $ | 68,427,497 | 52013 | ||||||
| Liquor Control Fund Group | 52014 |
| 043 | 800-601 | Merchandising | $ | 382,595,409 | $ | 397,839,347 | 52015 | ||||
| 043 | 800-627 | Liquor Control Operating | $ | 16,873,183 | $ | 15,981,346 | 52016 | ||||
| 043 | 800-633 | Development Assistance Debt Service | $ | 32,158,300 | $ | 39,230,000 | 52017 | ||||
| 043 | 800-636 | Revitalization Debt Service | $ | 9,740,500 | $ | 13,485,800 | 52018 | ||||
| TOTAL LCF Liquor Control | 52019 | ||||||||||
| Fund Group | $ | 441,367,392 | $ | 466,536,493 | 52020 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 580,320,066 | $ | 608,795,528 | 52021 | ||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 52022 |
| Notwithstanding section 3737.17 of the Revised Code, the | 52023 |
| foregoing appropriation item 800-635, Small Government Fire | 52024 |
| Departments, may be used to provide loans to private fire | 52025 |
| departments. | 52026 |
| PENALTY ENFORCEMENT | 52027 |
| The foregoing appropriation item 800-621, Penalty | 52028 |
| Enforcement, shall be used to enforce sections 4115.03 to 4115.16 | 52029 |
| of the Revised Code. | 52030 |
| UNCLAIMED FUNDS PAYMENTS | 52031 |
| The foregoing appropriation item 800-625, Unclaimed | 52032 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 52033 |
| the Revised Code. If it is determined that additional amounts are | 52034 |
| necessary, the amounts are hereby appropriated. | 52035 |
| UNCLAIMED FUNDS TRANSFERS | 52036 |
| Notwithstanding division (A) of section 169.05 of the Revised | 52037 |
| Code, prior to June 30, 2006, and upon the request of the Director | 52038 |
| of Budget and Management, the Director of Commerce shall transfer | 52039 |
| to the General Revenue Fund up to $50,000,000 of unclaimed funds | 52040 |
| that have been reported by holders of unclaimed funds under | 52041 |
| section 169.05 of the Revised Code, irrespective of the allocation | 52042 |
| of the unclaimed funds under that section. | 52043 |
| Notwithstanding division (A) of section 169.05 of the Revised | 52044 |
| Code, prior to June 30, 2007, and upon the request of the Director | 52045 |
| of Budget and Management, the Director of Commerce shall transfer | 52046 |
| to the General Revenue Fund up to $50,000,000 of unclaimed funds | 52047 |
| that have been reported by holders of unclaimed funds under | 52048 |
| section 169.05 of the Revised Code, irrespective of the allocation | 52049 |
| of the unclaimed funds under that section. | 52050 |
| CASH TRANSFER TO STATE FIRE MARSHAL FUND (FUND 546) | 52051 |
| Effective July 1, 2005, or as soon thereafter as possible, | 52052 |
| the Director of Budget and Management shall transfer the cash | 52053 |
| balance in the Fire Marshal's Fireworks Training and Education | 52054 |
| Fund (Fund 4L5), which is abolished in division (B) of section | 52055 |
| 3743.57 of the Revised Code as amended by this act, to the State | 52056 |
| Fire Marshal's Fund (Fund 546), which is created in section | 52057 |
| 3737.71 of the Revised Code. The director shall cancel any | 52058 |
| existing encumbrances against appropriation item 800-609, | 52059 |
| Fireworks Training and Education, in Fund 4L5, and re-establish | 52060 |
| them against appropriation item 800-610, Fire Marshal, in Fund | 52061 |
| 546. The amounts of the re-established encumbrances are hereby | 52062 |
| appropriated. | 52063 |
| FIRE DEPARTMENT GRANTS | 52064 |
| Of the foregoing appropriation item 800-639, Fire Department | 52065 |
| Grants, up to $760,000 in each fiscal year shall be used to make | 52066 |
| annual grants to volunteer fire departments of up to $10,000, or | 52067 |
| up to $25,000 if the volunteer fire department provides service | 52068 |
| for an area affected by a natural disaster. The grant program | 52069 |
| shall be administered by the Fire Marshal under the Department of | 52070 |
| Commerce. The Fire Marshal shall adopt rules as are necessary for | 52071 |
| the administration and operation of the grant program. | 52072 |
| Of the foregoing appropriation item 800-639, Fire Department | 52073 |
| Grants, up to $687,140 in each fiscal year shall be used as full | 52074 |
| or partial reimbursement to local units of government and fire | 52075 |
| departments for the cost of firefighter training and equipment or | 52076 |
| gear. Under rules that the department shall adopt, a local unit of | 52077 |
| government or fire department may apply to the department for a | 52078 |
| grant to cover all documented costs that are incurred to provide | 52079 |
| firefighter training and equipment or gear. The department shall | 52080 |
| make grants within the limits of the funding provided, with | 52081 |
| priority given to fire departments that serve small villages and | 52082 |
| townships. | 52083 |
| Of the foregoing appropriation item 800-639, Fire Department | 52084 |
| Grants, up to $200,000 in each fiscal year shall be used to make | 52085 |
| grants to fire departments to assist in the conversion of existing | 52086 |
| data systems to the NFIRS 5 electronic fire reporting system. | 52087 |
| Under rules that the department shall adopt, awards shall have a | 52088 |
| maximum of $50,000 per fire department and shall be based on a | 52089 |
| point system that includes factors such as consideration of the | 52090 |
| fire department's information technology and operating budgets, | 52091 |
| population and area served, number of incidents, data conversion | 52092 |
| and implementation methods, and readiness. | 52093 |
| CASH TRANSFER TO REAL ESTATE OPERATING FUND | 52094 |
| At the request of the Director of Commerce, the Director of | 52095 |
| Budget and Management may transfer up to $250,000 in cash from the | 52096 |
| Real Estate Recovery Fund (Fund 548) and up to $200,000 in cash | 52097 |
| from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the | 52098 |
| Real Estate Operating Fund (Fund 549) during the 2005-2007 | 52099 |
| biennium. | 52100 |
| INCREASED APPROPRIATION AUTHORITY - MERCHANDISING | 52101 |
| The foregoing appropriation item 800-601, Merchandising, | 52102 |
| shall be used under section 4301.12 of the Revised Code. If it is | 52103 |
| determined that additional amounts are necessary, the amounts are | 52104 |
| hereby appropriated. | 52105 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 52106 |
| The foregoing appropriation item 800-633, Economic | 52107 |
| Development Debt Service, shall be used to meet all payments at | 52108 |
| the times they are required to be made during the period from July | 52109 |
| 1, 2005, to June 30, 2007, for bond service charges on obligations | 52110 |
| issued under Chapter 166. of the Revised Code. If it is determined | 52111 |
| that additional appropriations are necessary for this purpose, | 52112 |
| such amounts are hereby appropriated, subject to the limitations | 52113 |
| set forth in section 166.11 of the Revised Code. The General | 52114 |
| Assembly acknowledges that an appropriation for this purpose is | 52115 |
| not required, but is made in this form and in this act for record | 52116 |
| purposes only. | 52117 |
| REVITALIZATION DEBT SERVICE | 52118 |
| The foregoing appropriation item 800-636, Revitalization Debt | 52119 |
| Service, shall be used to pay debt service and related financing | 52120 |
| costs under sections 151.01 and 151.40 of the Revised Code during | 52121 |
| the period from July 1, 2005, to June 30, 2007. If it is | 52122 |
| determined that additional appropriations are necessary for this | 52123 |
| purpose, such amounts are hereby appropriated. The General | 52124 |
| Assembly acknowledges the priority of the pledge of a portion of | 52125 |
| receipts from that source to obligations issued and to be issued | 52126 |
| under Chapter 166. of the Revised Code. | 52127 |
| ADMINISTRATIVE ASSESSMENTS | 52128 |
| Notwithstanding any other provision of law to the contrary, | 52129 |
| Fund 163, Division of Administration, is entitled to receive | 52130 |
| assessments from all operating funds of the department in | 52131 |
| accordance with procedures prescribed by the Director of Commerce | 52132 |
| and approved by the Director of Budget and Management. | 52133 |
| Section 203.78. OCC OFFICE OF CONSUMERS' COUNSEL | 52134 |
| General Services Fund Group | 52135 |
| 5F5 | 053-601 | Operating Expenses | $ | 8,594,735 | $ | 8,771,940 | 52136 | ||||
| TOTAL GSF General Services Fund Group | $ | 8,594,735 | $ | 8,771,940 | 52137 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,594,735 | $ | 8,771,940 | 52138 | ||||||
| Section 203.81. CEB CONTROLLING BOARD | 52140 |
| General Revenue Fund | 52141 |
| GRF | 911-401 | Emergency Purposes/Contingencies | $ | 12,150,000 | $ | 7,000,000 | 52142 | ||||
| GRF | 911-404 | Mandate Assistance | $ | 650,000 | $ | 650,000 | 52143 | ||||
| GRF | 911-417 | Educational Technology Fund | $ | 27,942,693 | $ | 27,942,693 | 52144 | ||||
| GRF | 911-441 | Ballot Advertising Costs | $ | 300,000 | $ | 300,000 | 52145 | ||||
| TOTAL GRF General Revenue Fund | $ | 41,042,693 | $ | 35,892,693 | 52146 | ||||||
| General Services Fund Group | 52147 |
| 4F3 | 911-603 | Affiliate Services | $ | 2,000,000 | $ | 2,000,000 | 52148 | ||||
| 4T2 | 911-604 | Government Television/Telecommunication Operating | $ | 150,000 | $ | 150,000 | 52149 | ||||
| 5D4 | 911-605 | Conference/Special Purpose Expenses | $ | 1,350,000 | $ | 1,350,000 | 52150 | ||||
| TOTAL GSF General Services Fund Group | $ | 3,500,000 | $ | 3,500,000 | 52151 | ||||||
| Federal Special Revenue Fund Group | 52152 |
| 3S3 | 911-610 | Technology Literacy Challenge | $ | 589,363 | $ | 589,363 | 52153 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 589,363 | $ | 589,363 | 52154 | ||||||
| State Special Revenue Fund Group | 52155 |
| 4W9 | 911-607 | Ohio Telecommunity Fund | $ | 50,000 | $ | 25,000 | 52156 | ||||
| 4X1 | 911-608 | Distance Learning | $ | 250,000 | $ | 100,000 | 52157 | ||||
| 5T3 | 911-609 | Gates Foundation Grants | $ | 600,000 | $ | 200,000 | 52158 | ||||
| TOTAL SSR State Special | 52159 | ||||||||||
| Revenue Fund Group | $ | 900,000 | $ | 325,000 | 52160 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 46,032,056 | $ | 40,307,056 | 52161 | ||||||
| FEDERAL SHARE | 52162 |
| In transferring appropriations to or from appropriation items | 52163 |
| that have federal shares identified in this act, the Controlling | 52164 |
| Board shall add or subtract corresponding amounts of federal | 52165 |
| matching funds at the percentages indicated by the state and | 52166 |
| federal division of the appropriations in this act. Such changes | 52167 |
| are hereby appropriated. | 52168 |
| DISASTER ASSISTANCE | 52169 |
| Pursuant to requests submitted by the Department of Public | 52170 |
| Safety, the Controlling Board may approve transfers from the | 52171 |
| Emergency Purposes Fund to a Department of Public Safety General | 52172 |
| Revenue Fund appropriation item to provide funding for assistance | 52173 |
| to political subdivisions and individuals made necessary by | 52174 |
| natural disasters or emergencies. Such transfers may be requested | 52175 |
| and approved prior to or following the occurrence of any specific | 52176 |
| natural disasters or emergencies in order to facilitate the | 52177 |
| provision of timely assistance. | 52178 |
| SOUTHERN OHIO CORRECTIONAL FACILITY COST | 52179 |
| The Office of Criminal Justice Services and the Public | 52180 |
| Defender Commission may each request, upon approval of the | 52181 |
| Director of Budget and Management, additional funds from the | 52182 |
| Emergency Purposes Fund for costs related to the disturbance that | 52183 |
| occurred on April 11, 1993, at the Southern Ohio Correctional | 52184 |
| Facility in Lucasville, Ohio. | 52185 |
| MANDATE ASSISTANCE | 52186 |
| (A) The foregoing appropriation item 911-404, Mandate | 52187 |
| Assistance, shall be used to provide financial assistance to local | 52188 |
| units of government and school districts for the cost of the | 52189 |
| following two unfunded state mandates: | 52190 |
| (1) The cost to county prosecutors for prosecuting certain | 52191 |
| felonies that occur on the grounds of state institutions operated | 52192 |
| by the Department of Rehabilitation and Correction and the | 52193 |
| Department of Youth Services; | 52194 |
| (2) The cost to school districts of in-service training for | 52195 |
| child abuse detection. | 52196 |
| (B) The Division of Criminal Justice Services in the | 52197 |
| Department of Public Safety and the Department of Education may | 52198 |
| prepare and submit to the Controlling Board one or more requests | 52199 |
| to transfer appropriations from appropriation item 911-404, | 52200 |
| Mandate Assistance. The state agencies charged with this | 52201 |
| administrative responsibility are listed below, as well as the | 52202 |
| estimated annual amounts that may be used for each program of | 52203 |
| state financial assistance. | 52204 |
| ADMINISTERING | ESTIMATED ANNUAL | 52205 | ||||
| PROGRAM | AGENCY | AMOUNT | 52206 |
| Prosecution Costs | Division of Criminal | $150,000 | 52207 | |||
| Justice Services | 52208 | |||||
| Child Abuse Detection Training Costs | Department of Education | $500,000 | 52209 |
| (C) Subject to the total amount appropriated in each fiscal | 52210 |
| year for appropriation item 911-404, Mandate Assistance, the | 52211 |
| Division of Criminal Justice Services in the Department of Public | 52212 |
| Safety and the Department of Education may request from the | 52213 |
| Controlling Board that amounts smaller or larger than these | 52214 |
| estimated annual amounts be transferred to each program. | 52215 |
| (D) In addition to making the initial transfers requested by | 52216 |
| the Division of Criminal Justice Services in the Department of | 52217 |
| Public Safety and the Department of Education, the Controlling | 52218 |
| Board may transfer appropriations received by a state agency under | 52219 |
| this section back to appropriation item 911-404, Mandate | 52220 |
| Assistance, or to the other program of state financial assistance | 52221 |
| identified under this section. | 52222 |
| (E) It is expected that not all costs incurred by local units | 52223 |
| of government and school districts under each of the two programs | 52224 |
| of state financial assistance identified in this section will be | 52225 |
| fully reimbursed by the state. Reimbursement levels may vary by | 52226 |
| program and shall be based on: the relationship between the | 52227 |
| appropriation transfers requested by the Division of Criminal | 52228 |
| Justice Services in the Department of Public Safety and the | 52229 |
| Department of Education and provided by the Controlling Board for | 52230 |
| each of the programs; the rules and procedures established for | 52231 |
| each program by the administering state agency; and the actual | 52232 |
| costs incurred by local units of government and school districts. | 52233 |
| (F) Each of these programs of state financial assistance | 52234 |
| shall be carried out as follows: | 52235 |
| (1) PROSECUTION COSTS | 52236 |
| (a) Appropriations may be transferred to the Division of | 52237 |
| Criminal Justice Services in the Department of Public Safety to | 52238 |
| cover local prosecution costs for aggravated murder, murder, | 52239 |
| felonies of the first degree, and felonies of the second degree | 52240 |
| that occur on the grounds of institutions operated by the | 52241 |
| Department of Rehabilitation and Correction and the Department of | 52242 |
| Youth Services. | 52243 |
| (b) Upon a delinquency filing in juvenile court or the return | 52244 |
| of an indictment for aggravated murder, murder, or any felony of | 52245 |
| the first or second degree that was committed at a Department of | 52246 |
| Youth Services or a Department of Rehabilitation and Correction | 52247 |
| institution, the affected county may, in accordance with rules | 52248 |
| that the Division of Criminal Justice Services in the Department | 52249 |
| of Public Safety shall adopt, apply to the Division of Criminal | 52250 |
| Justice Services for a grant to cover all documented costs that | 52251 |
| are incurred by the county prosecutor's office. | 52252 |
| (c) Twice each year, the Division of Criminal Justice | 52253 |
| Services in the Department of Public Safety shall designate | 52254 |
| counties to receive grants from those counties that have submitted | 52255 |
| one or more applications in compliance with the rules that have | 52256 |
| been adopted by the Division of Criminal Justice Services for the | 52257 |
| receipt of such grants. In each year's first round of grant | 52258 |
| awards, if sufficient appropriations have been made, up to a total | 52259 |
| of $100,000 may be awarded. In each year's second round of grant | 52260 |
| awards, the remaining appropriations available for this purpose | 52261 |
| may be awarded. | 52262 |
| (d) If for a given round of grants there are insufficient | 52263 |
| appropriations to make grant awards to all the eligible counties, | 52264 |
| the first priority shall be given to counties with cases involving | 52265 |
| aggravated murder and murder; second priority shall be given to | 52266 |
| counties with cases involving a felony of the first degree; and | 52267 |
| third priority shall be given to counties with cases involving a | 52268 |
| felony of the second degree. Within these priorities, the grant | 52269 |
| awards shall be based on the order in which the applications were | 52270 |
| received, except that applications for cases involving a felony of | 52271 |
| the first or second degree shall not be considered in more than | 52272 |
| two consecutive rounds of grant awards. | 52273 |
| (2) CHILD ABUSE DETECTION TRAINING COSTS | 52274 |
| Appropriations may be transferred to the Department of | 52275 |
| Education for disbursement to local school districts as full or | 52276 |
| partial reimbursement for the cost of providing in-service | 52277 |
| training for child abuse detection. In accordance with rules that | 52278 |
| the department shall adopt, a local school district may apply to | 52279 |
| the department for a grant to cover all documented costs that are | 52280 |
| incurred to provide in-service training for child abuse detection. | 52281 |
| The department shall make grants within the limits of the funding | 52282 |
| provided. | 52283 |
| (G) Any moneys allocated within appropriation item 911-404, | 52284 |
| Mandate Assistance, not fully utilized may, upon application of | 52285 |
| the Ohio Public Defender Commission, and with the approval of the | 52286 |
| Controlling Board, be disbursed to boards of county commissioners | 52287 |
| to provide additional reimbursement for the costs incurred by | 52288 |
| counties in providing defense to indigent defendants pursuant to | 52289 |
| Chapter 120. of the Revised Code. Application for the unutilized | 52290 |
| funds shall be made by the Ohio Public Defender Commission at the | 52291 |
| first June meeting of the Controlling Board. | 52292 |
| The amount to be disbursed to each county shall be allocated | 52293 |
| proportionately on the basis of the total amount of reimbursement | 52294 |
| paid to each county as a percentage of the amount of reimbursement | 52295 |
| paid to all of the counties during the most recent state fiscal | 52296 |
| year for which data is available and as calculated by the Ohio | 52297 |
| Public Defender Commission. | 52298 |
| BALLOT ADVERTISING COSTS | 52299 |
| Pursuant to requests submitted by the Ohio Ballot Board, the | 52300 |
| Controlling Board shall approve transfers from the foregoing | 52301 |
| appropriation item 911-441, Ballot Advertising Costs, to an Ohio | 52302 |
| Ballot Board appropriation item in order to reimburse county | 52303 |
| boards of elections for the cost of public notices associated with | 52304 |
| statewide ballot initiatives. | 52305 |
| Section 203.84. COS STATE BOARD OF COSMETOLOGY | 52306 |
| General Services Fund Group | 52307 |
| 4K9 | 879-609 | Operating Expenses | $ | 2,929,630 | $ | 0 | 52308 | ||||
| TOTAL GSF General Services Fund | 52309 | ||||||||||
| Group | $ | 2,929,630 | $ | 0 | 52310 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,929,630 | $ | 0 | 52311 | ||||||
| Section 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE | 52313 |
| AND FAMILY THERAPIST BOARD | 52314 |
| General Services Fund Group | 52315 |
| 4K9 | 899-609 | Operating Expenses | $ | 1,058,445 | $ | 0 | 52316 | ||||
| TOTAL GSF General Services Fund | 52317 | ||||||||||
| Group | $ | 1,058,445 | $ | 0 | 52318 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,445 | $ | 0 | 52319 | ||||||
| Section 203.90. CLA COURT OF CLAIMS | 52321 |
| General Revenue Fund | 52322 |
| GRF | 015-321 | Operating Expenses | $ | 2,598,040 | $ | 2,678,331 | 52323 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,598,040 | $ | 2,678,331 | 52324 | ||||||
| State Special Revenue Fund Group | 52325 |
| 5K2 | 015-603 | CLA Victims of Crime | $ | 1,582,684 | $ | 1,582,684 | 52326 | ||||
| TOTAL SSR State Special Revenue | 52327 | ||||||||||
| Fund Group | $ | 1,582,684 | $ | 1,582,684 | 52328 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,180,724 | $ | 4,261,015 | 52329 | ||||||
| Section 203.93. DEN STATE DENTAL BOARD | 52331 |
| General Services Fund Group | 52332 |
| 4K9 | 880-609 | Operating Expenses | $ | 1,424,791 | $ | 0 | 52333 | ||||
| TOTAL GSF General Services Fund | 52334 | ||||||||||
| Group | $ | 1,424,791 | $ | 0 | 52335 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,424,791 | $ | 0 | 52336 | ||||||
| Section 203.96. BDP BOARD OF DEPOSIT | 52338 |
| General Services Fund Group | 52339 |
| 4M2 | 974-601 | Board of Deposit | $ | 1,676,000 | $ | 1,676,000 | 52340 | ||||
| TOTAL GSF General Services Fund | 52341 | ||||||||||
| Group | $ | 1,676,000 | $ | 1,676,000 | 52342 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,676,000 | $ | 1,676,000 | 52343 | ||||||
| BOARD OF DEPOSIT EXPENSE FUND | 52344 |
| Upon receiving certification of expenses from the Treasurer | 52345 |
| of State, the Director of Budget and Management shall transfer | 52346 |
| cash from the Investment Earnings Redistribution Fund (Fund 608) | 52347 |
| to the Board of Deposit Expense Fund (Fund 4M2). The latter fund | 52348 |
| shall be used to pay for banking charges and fees required for the | 52349 |
| operation of the State of Ohio Regular Account. | 52350 |
| Section 203.99. DEV DEPARTMENT OF DEVELOPMENT | 52351 |
| General Revenue Fund | 52352 |
| GRF | 195-321 | Operating Expenses | $ | 2,688,908 | $ | 2,688,908 | 52353 | ||||
| GRF | 195-401 | Thomas Edison Program | $ | 15,454,838 | $ | 15,454,838 | 52354 | ||||
| GRF | 195-404 | Small Business Development | $ | 1,740,722 | $ | 1,740,722 | 52355 | ||||
| GRF | 195-405 | Minority Business Development Division | $ | 1,580,291 | $ | 1,580,291 | 52356 | ||||
| GRF | 195-407 | Travel and Tourism | $ | 6,812,845 | $ | 6,712,845 | 52357 | ||||
| GRF | 195-412 | Business Development Grants | $ | 11,750,000 | $ | 11,750,000 | 52358 | ||||
| GRF | 195-414 | First Frontier Match | $ | 250,000 | $ | 250,000 | 52359 | ||||
| GRF | 195-415 | Economic Development Division and Regional Offices | $ | 5,794,975 | $ | 5,894,975 | 52360 | ||||
| GRF | 195-416 | Governor's Office of Appalachia | $ | 4,122,372 | $ | 4,122,372 | 52361 | ||||
| GRF | 195-422 | Third Frontier Action Fund | $ | 16,790,000 | $ | 16,790,000 | 52362 | ||||
| GRF | 195-426 | Clean Ohio Implementation | $ | 300,000 | $ | 300,000 | 52363 | ||||
| GRF | 195-432 | International Trade | $ | 4,223,787 | $ | 4,223,787 | 52364 | ||||
| GRF | 195-434 | Investment in Training Grants | $ | 12,227,500 | $ | 12,227,500 | 52365 | ||||
| GRF | 195-436 | Labor/Management Cooperation | $ | 811,869 | $ | 811,869 | 52366 | ||||
| GRF | 195-497 | CDBG Operating Match | $ | 1,040,956 | $ | 1,040,956 | 52367 | ||||
| GRF | 195-498 | State Match Energy | $ | 94,000 | $ | 94,000 | 52368 | ||||
| GRF | 195-501 | Appalachian Local Development Districts | $ | 380,080 | $ | 380,080 | 52369 | ||||
| GRF | 195-502 | Appalachian Regional Commission Dues | $ | 246,803 | $ | 246,803 | 52370 | ||||
| GRF | 195-507 | Travel and Tourism Grants | $ | 900,000 | $ | 900,000 | 52371 | ||||
| GRF | 195-515 | Economic Development Contingency | $ | 10,000,000 | $ | 0 | 52372 | ||||
| GRF | 195-905 | Third Frontier Research & Commercialization General Obligation Debt Service | $ | 0 | $ | 13,910,000 | 52373 | ||||
| TOTAL GRF General Revenue Fund | $ | 97,209,946 | $ | 101,119,946 | 52374 | ||||||
| General Services Fund Group | 52375 |
| 135 | 195-605 | Supportive Services | $ | 7,450,000 | $ | 7,539,686 | 52376 | ||||
| 685 | 195-636 | General Reimbursements | $ | 1,000,000 | $ | 1,000,000 | 52377 | ||||
| 5AD | 195-667 | Investment in Training Expansion | $ | 5,000,000 | $ | 5,000,000 | 52378 | ||||
| 5AD | 195-668 | Worker Guarantee Program | $ | 3,000,000 | $ | 3,000,000 | 52379 | ||||
| 5AD | 195-677 | Economic Development Contingency | $ | 0 | $ | 10,000,000 | 52380 | ||||
| TOTAL GSF General Services Fund | 52381 | ||||||||||
| Group | $ | 16,450,000 | $ | 26,539,686 | 52382 | ||||||
| Federal Special Revenue Fund Group | 52383 |
| 3AE | 195-643 | Workforce Development Initiatives | $ | 5,800,000 | $ | 5,800,000 | 52384 | ||||
| 3K8 | 195-613 | Community Development Block Grant | $ | 65,000,000 | $ | 65,000,000 | 52385 | ||||
| 3K9 | 195-611 | Home Energy Assistance Block Grant | $ | 90,500,000 | $ | 90,500,000 | 52386 | ||||
| 3K9 | 195-614 | HEAP Weatherization | $ | 16,219,478 | $ | 16,219,478 | 52387 | ||||
| 3L0 | 195-612 | Community Services Block Grant | $ | 25,235,000 | $ | 25,235,000 | 52388 | ||||
| 3V1 | 195-601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 52389 | ||||
| 308 | 195-602 | Appalachian Regional Commission | $ | 600,660 | $ | 600,660 | 52390 | ||||
| 308 | 195-603 | Housing and Urban Development | $ | 5,000,000 | $ | 5,000,000 | 52391 | ||||
| 308 | 195-605 | Federal Projects | $ | 15,300,249 | $ | 15,300,249 | 52392 | ||||
| 308 | 195-609 | Small Business Administration | $ | 4,296,381 | $ | 4,296,381 | 52393 | ||||
| 308 | 195-618 | Energy Federal Grants | $ | 3,397,659 | $ | 3,397,659 | 52394 | ||||
| 335 | 195-610 | Oil Overcharge | $ | 3,000,000 | $ | 3,000,000 | 52395 | ||||
| TOTAL FED Federal Special Revenue | 52396 | ||||||||||
| Fund Group | $ | 274,349,427 | $ | 274,349,427 | 52397 | ||||||
| State Special Revenue Fund Group | 52398 |
| 4F2 | 195-639 | State Special Projects | $ | 290,183 | $ | 290,183 | 52399 | ||||
| 4F2 | 195-676 | Promote Ohio | $ | 5,000,000 | $ | 5,000,000 | 52400 | ||||
| 4H4 | 195-641 | First Frontier | $ | 500,000 | $ | 500,000 | 52401 | ||||
| 4S0 | 195-630 | Enterprise Zone Operating | $ | 275,000 | $ | 275,000 | 52402 | ||||
| 4S1 | 195-634 | Job Creation Tax Credit Operating | $ | 375,800 | $ | 375,800 | 52403 | ||||
| 4W1 | 195-646 | Minority Business Enterprise Loan | $ | 2,580,597 | $ | 2,580,597 | 52404 | ||||
| 444 | 195-607 | Water and Sewer Commission Loans | $ | 523,775 | $ | 523,775 | 52405 | ||||
| 450 | 195-624 | Minority Business Bonding Program Administration | $ | 53,967 | $ | 53,967 | 52406 | ||||
| 451 | 195-625 | Economic Development Financing Operating | $ | 2,358,311 | $ | 2,358,311 | 52407 | ||||
| 5M4 | 195-659 | Universal Service | $ | 210,000,000 | $ | 210,000,000 | 52408 | ||||
| 5M5 | 195-660 | Energy Efficiency Loan and Grant | $ | 12,000,000 | $ | 12,000,000 | 52409 | ||||
| 5X1 | 195-651 | Exempt Facility Inspection | $ | 25,000 | $ | 25,000 | 52410 | ||||
| 611 | 195-631 | Water and Sewer Administration | $ | 15,713 | $ | 15,713 | 52411 | ||||
| 617 | 195-654 | Volume Cap Administration | $ | 200,000 | $ | 200,000 | 52412 | ||||
| 646 | 195-638 | Low and Moderate Income Housing Trust Fund | $ | 46,000,000 | $ | 48,000,000 | 52413 | ||||
| TOTAL SSR State Special Revenue | 52414 | ||||||||||
| Fund Group | $ | 280,198,346 | $ | 282,198,346 | 52415 | ||||||
| Facilities Establishment Fund Group | 52416 |
| 009 | 195-664 | Innovation Ohio | $ | 50,000,000 | $ | 50,000,000 | 52417 | ||||
| 010 | 195-665 | Research and Development | $ | 50,000,000 | $ | 50,000,000 | 52418 | ||||
| 037 | 195-615 | Facilities Establishment | $ | 63,931,149 | $ | 63,931,149 | 52419 | ||||
| 4Z6 | 195-647 | Rural Industrial Park Loan | $ | 3,000,000 | $ | 3,000,000 | 52420 | ||||
| 5D2 | 195-650 | Urban Redevelopment Loans | $ | 10,475,000 | $ | 10,475,000 | 52421 | ||||
| 5H1 | 195-652 | Family Farm Loan Guarantee | $ | 1,000,000 | $ | 1,000,000 | 52422 | ||||
| 5S8 | 195-627 | Rural Development Initiative | $ | 3,000,000 | $ | 3,000,000 | 52423 | ||||
| 5S9 | 195-628 | Capital Access Loan Program | $ | 3,000,000 | $ | 3,000,000 | 52424 | ||||
| TOTAL 037 Facilities | 52425 | ||||||||||
| Establishment Fund Group | $ | 184,406,149 | $ | 184,406,149 | 52426 | ||||||
| Clean Ohio Revitalization Fund | 52427 |
| 003 | 195-663 | Clean Ohio Operating | $ | 350,000 | $ | 350,000 | 52428 | ||||
| TOTAL 003 Clean Ohio Revitalization Fund | $ | 350,000 | $ | 350,000 | 52429 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 852,963,868 | $ | 868,963,554 | 52430 |
| Section 203.99.03. THOMAS EDISON PROGRAM | 52432 |
| The foregoing appropriation item 195-401, Thomas Edison | 52433 |
| Program, shall be used for the purposes of sections 122.28 to | 52434 |
| 122.38 of the Revised Code in order to provide funds for | 52435 |
| cooperative public and private efforts in technological innovation | 52436 |
| to promote the development and transfer of technology by and to | 52437 |
| Ohio businesses that will lead to the creation of jobs, and to | 52438 |
| provide for the administration of the program by the Technology | 52439 |
| Division. | 52440 |
| Of the foregoing appropriation item 195-401, Thomas Edison | 52441 |
| Program, not more than $2,000,000 in fiscal year 2006 and | 52442 |
| $2,300,000 in fiscal year 2007 shall be used for operating | 52443 |
| expenditures in administering the programs of the Technology | 52444 |
| Division. | 52445 |
| The Department of Development, in consultation with the Third | 52446 |
| Frontier Commission, shall develop a plan providing for | 52447 |
| appropriate, value-added participation of Edison Centers and | 52448 |
| Incubators in Third Frontier Project proposals and grants. | 52449 |
| The Department of Development shall work with Edison Centers | 52450 |
| and Incubators and the Third Frontier Network, when appropriate, | 52451 |
| to provide for Third Frontier Network connections to Edison | 52452 |
| Centers and Incubators and their tenants and, as appropriate, | 52453 |
| clients. | 52454 |
| Section 203.99.06. SMALL BUSINESS DEVELOPMENT | 52455 |
| The foregoing appropriation item 195-404, Small Business | 52456 |
| Development, shall be used to ensure that the unique needs and | 52457 |
| concerns of small businesses are addressed. | 52458 |
| The foregoing appropriation item 195-404, Small Business | 52459 |
| Development, may be used to provide grants to local organizations | 52460 |
| to support the operation of Small Business Development Centers and | 52461 |
| other local economic development activity promoting small | 52462 |
| business, and for the cost of administering the small business | 52463 |
| development center program. The centers shall provide technical, | 52464 |
| financial, and management consultation for small business and | 52465 |
| shall facilitate access to state and federal programs. These funds | 52466 |
| shall be used as matching funds for grants from the United States | 52467 |
| Small Business Administration and other federal agencies, pursuant | 52468 |
| to Public Law No. 96-302 (1980) as amended by Public Law No. | 52469 |
| 98-395 (1984), and regulations and policy guidelines for the | 52470 |
| programs under this law. | 52471 |
| In addition, the Office of Small Business may operate the | 52472 |
| 1st-Stop Business Connection and implement and coordinate the | 52473 |
| duties imposed on the Department of Development by Am. Sub. S.B. | 52474 |
| 239 of the 115th General Assembly. | 52475 |
| MINORITY BUSINESS DEVELOPMENT DIVISION | 52476 |
| Of the foregoing appropriation item 195-405, Minority | 52477 |
| Business Development Division, up to $1,060,000 but not less than | 52478 |
| $954,000 in each fiscal year shall be used to fund minority | 52479 |
| contractors and business assistance organizations. The Minority | 52480 |
| Business Development Division shall determine which cities need | 52481 |
| minority contractors and business assistance organizations by | 52482 |
| utilizing United States Census Bureau data and zip codes to locate | 52483 |
| the highest concentrations of minority businesses. The Minority | 52484 |
| Business Development Division also shall determine the numbers of | 52485 |
| minority contractors and business assistance organizations | 52486 |
| necessary and the amount of funding to be provided each. In | 52487 |
| addition, the Minority Business Development Division shall | 52488 |
| continue to plan and implement business conferences. | 52489 |
| Section 203.99.09. BUSINESS DEVELOPMENT | 52490 |
| The foregoing appropriation item 195-412, Business | 52491 |
| Development Grants, shall be used as an incentive for attracting | 52492 |
| and retaining business opportunities for the state. Any such | 52493 |
| business opportunity, whether new, expanding, or relocating in | 52494 |
| Ohio, is eligible for funding. The project must create or retain a | 52495 |
| significant number of jobs for Ohioans. Grant awards may be | 52496 |
| considered only when (1) the project's viability hinges on an | 52497 |
| award of funds from appropriation item 195-412, Business | 52498 |
| Development Grants; (2) all other public or private sources of | 52499 |
| financing have been considered; or (3) the funds act as a catalyst | 52500 |
| for the infusion into the project of other financing sources. | 52501 |
| The department's primary goal shall be to award funds to | 52502 |
| political subdivisions of the state for off-site infrastructure | 52503 |
| improvements. In order to meet the particular needs of economic | 52504 |
| development in a region, the department may elect to award funds | 52505 |
| directly to a business for on-site infrastructure improvements. | 52506 |
| "Infrastructure improvements" mean improvements to water system | 52507 |
| facilities, sewer and sewage treatment facilities, electric or gas | 52508 |
| service facilities, fiber optic facilities, rail facilities, site | 52509 |
| preparation, and parking facilities. The Director of Development | 52510 |
| may recommend the funds be used in an alternative manner when | 52511 |
| considered appropriate to meet an extraordinary economic | 52512 |
| development opportunity or need. | 52513 |
| The foregoing appropriation item 195-412, Business | 52514 |
| Development Grants, may be expended only after the submission of a | 52515 |
| request to the Controlling Board by the Department of Development | 52516 |
| outlining the planned use of the funds, and the subsequent | 52517 |
| approval of the request by the Controlling Board. | 52518 |
| The foregoing appropriation item 195-412, Business | 52519 |
| Development Grants, may be used for, but is not limited to, | 52520 |
| construction, rehabilitation, and acquisition projects for rail | 52521 |
| freight assistance as requested by the Department of | 52522 |
| Transportation. The Director of Transportation shall submit the | 52523 |
| proposed projects to the Director of Development for an evaluation | 52524 |
| of potential economic benefit. | 52525 |
| Section 203.99.12. FIRST FRONTIER MATCH | 52526 |
| The foregoing appropriation item 195-414, First Frontier | 52527 |
| Match, shall be used as matching funds to targeted counties for | 52528 |
| the purpose of marketing state, regional, and local | 52529 |
| characteristics that may attract economic development. "Targeted | 52530 |
| counties" mean counties that have a population of less than | 52531 |
| 175,000 residents. The appropriation may be used either for | 52532 |
| marketing programs by individual targeted counties or for regional | 52533 |
| marketing campaigns that are marketing programs in which at least | 52534 |
| one targeted county is participating with one or more other | 52535 |
| targeted counties or larger counties. | 52536 |
| ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES | 52537 |
| The foregoing appropriation item 195-415, Economic | 52538 |
| Development Division and Regional Offices, shall be used for the | 52539 |
| operating expenses of the Economic Development Division and the | 52540 |
| regional economic development offices and for grants for | 52541 |
| cooperative economic development ventures. | 52542 |
| Section 203.99.15. GOVERNOR'S OFFICE OF APPALACHIA | 52543 |
| The foregoing appropriation item 195-416, Governor's Office | 52544 |
| of Appalachia, shall be used for the administrative costs of | 52545 |
| planning and liaison activities for the Governor's Office of | 52546 |
| Appalachia. Funds not expended for planning and liaison activities | 52547 |
| may be expended for special project grants within the Appalachian | 52548 |
| Region. | 52549 |
| Of the foregoing appropriation item 195-416, Governor's | 52550 |
| Office of Appalachia, up to $250,000 each fiscal year shall be | 52551 |
| used to match federal funds from the Appalachian Regional | 52552 |
| Commission to provide job training to impact the Appalachian | 52553 |
| Region. | 52554 |
| Of the foregoing appropriation item 195-416, Governor's | 52555 |
| Office of Appalachia, up to $4,122,372 in each fiscal year shall | 52556 |
| be used in conjunction with other federal and state funds to | 52557 |
| provide financial assistance to projects in Ohio's Appalachian | 52558 |
| counties in order to further the goals of the Appalachian Regional | 52559 |
| Commission. The projects and project sponsors shall meet | 52560 |
| Appalachian Regional Commission eligibility requirements. Grants | 52561 |
| shall be administered by the Department of Development. | 52562 |
| Section 203.99.18. THIRD FRONTIER ACTION FUND | 52563 |
| The foregoing appropriation item 195-422, Third Frontier | 52564 |
| Action Fund, shall be used to make grants under sections 184.01 | 52565 |
| and 184.02 of the Revised Code. Prior to the release of funds from | 52566 |
| appropriation item 195-422, Third Frontier Action Fund, each grant | 52567 |
| award shall be recommended for funding by the Third Frontier | 52568 |
| Commission and obtain approval from the Controlling Board. | 52569 |
| Of the foregoing appropriation item 195-422, Third Frontier | 52570 |
| Action Fund, not more than six per cent in each fiscal year shall | 52571 |
| be used for operating expenditures in administering the program. | 52572 |
| In addition to the six per cent for operating expenditures, | 52573 |
| an additional administrative amount, not to exceed $1,500,000 | 52574 |
| within the biennium, shall be available for proposal evaluation, | 52575 |
| research and analyses, and marketing efforts considered necessary | 52576 |
| to receive and disseminate information about science and | 52577 |
| technology-related opportunities in the state. | 52578 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 52579 |
| The Department of Development shall work in close | 52580 |
| collaboration with the Board of Regents, the Air Quality | 52581 |
| Development Authority, and the Third Frontier Commission in | 52582 |
| relation to appropriation items and programs referred to as | 52583 |
| Alignment Programs in the following paragraph, and other | 52584 |
| technology-related appropriations and programs in the Department | 52585 |
| of Development, Air Quality Development Authority, and the Board | 52586 |
| of Regents as these agencies may designate, to ensure | 52587 |
| implementation of a coherent state strategy with respect to | 52588 |
| science and technology. | 52589 |
| "Alignment Programs" means appropriation items 195-401, | 52590 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 52591 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 52592 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 52593 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 52594 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 52595 |
| 235-535, Ohio Agricultural Research and Development Center; | 52596 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 52597 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 52598 |
| Academic Resources Network; and 195-435, Biomedical Research and | 52599 |
| Technology Transfer Trust. | 52600 |
| Consistent with the recommendations of the Governor's | 52601 |
| Commission on Higher Education and the Economy, Alignment Programs | 52602 |
| shall be managed and administered in accordance with the following | 52603 |
| objectives: (1) to build on existing competitive research | 52604 |
| strengths; (2) to encourage new and emerging discoveries and | 52605 |
| commercialization of products and ideas that will benefit the Ohio | 52606 |
| economy; (3) and to assure improved collaboration among Alignment | 52607 |
| Programs with programs administered by the Third Frontier | 52608 |
| Commission and with other state programs that are intended to | 52609 |
| improve economic growth and job creation. As directed by the Third | 52610 |
| Frontier Commission, Alignment Program managers shall report to | 52611 |
| the Commission or the Third Frontier Advisory Board regarding the | 52612 |
| contributions of their programs to achieving these objectives. | 52613 |
| Each Alignment Program shall be reviewed annually by the | 52614 |
| Third Frontier Commission with respect to its development of | 52615 |
| complementary relationships within a combined state science and | 52616 |
| technology investment portfolio, and with respect to its overall | 52617 |
| contribution to the state's science and technology strategy, | 52618 |
| including the adoption of appropriately consistent criteria for: | 52619 |
| (1) the scientific merit of activities supported by the program; | 52620 |
| (2) the relevance of the program's activities to commercial | 52621 |
| opportunities in the private sector; (3) the private sector's | 52622 |
| involvement in a process that continually evaluates commercial | 52623 |
| opportunities to use the work supported by the program; and (4) | 52624 |
| the ability of the program and recipients of grant funding from | 52625 |
| the program to engage in activities that are collaborative, | 52626 |
| complementary, and efficient with respect to the expenditures of | 52627 |
| state funds. Each Alignment Program shall provide an annual report | 52628 |
| to the Third Frontier Commission that discusses existing, planned, | 52629 |
| or possible collaborations between programs and between recipients | 52630 |
| of grant funding related to technology, development, | 52631 |
| commercialization, and the support of Ohio's economic development. | 52632 |
| The annual review conducted by the Third Frontier Commission shall | 52633 |
| be a comprehensive review of the entire state science and | 52634 |
| technology program portfolio rather than a review of individual | 52635 |
| programs. | 52636 |
| Applicants for Third Frontier and Alignment Programs funding | 52637 |
| shall identify their requirements for high-performance computing | 52638 |
| facilities and services, including both hardware and software, in | 52639 |
| all proposals. If an applicant's requirements exceed approximately | 52640 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 52641 |
| convene a panel of experts. The panel shall review the proposal to | 52642 |
| determine whether the proposal's requirements can be met through | 52643 |
| Ohio Supercomputer Center facilities or through other means and | 52644 |
| report such information to the Third Frontier Commission. | 52645 |
| To ensure that the state receives the maximum benefit from | 52646 |
| its investment in the Third Frontier Project and the Third | 52647 |
| Frontier Network, organizations receiving Third Frontier awards | 52648 |
| and Alignment Programs awards shall, as appropriate, be expected | 52649 |
| to have a connection to the Third Frontier Network that enables | 52650 |
| them and their collaborators to achieve award objectives through | 52651 |
| the Third Frontier Network. | 52652 |
| Section 203.99.21. INTERNATIONAL TRADE | 52653 |
| The foregoing appropriation item 195-432, International | 52654 |
| Trade, shall be used to operate and to maintain Ohio's | 52655 |
| out-of-state trade offices. | 52656 |
| The Director of Development may enter into contracts with | 52657 |
| foreign nationals to staff foreign offices. The contracts may be | 52658 |
| paid in local currency or United States currency and shall be | 52659 |
| exempt from section 127.16 of the Revised Code. The director also | 52660 |
| may establish foreign currency accounts under section 122.05 of | 52661 |
| the Revised Code for the payment of expenses related to the | 52662 |
| operation and maintenance of the foreign trade offices. | 52663 |
| The foregoing appropriation item 195-432, International | 52664 |
| Trade, shall be used to fund the International Trade Division and | 52665 |
| to assist Ohio manufacturers and agricultural producers in | 52666 |
| exporting to foreign countries in conjunction with the Department | 52667 |
| of Agriculture. | 52668 |
| Of the foregoing appropriation item 195-432, International | 52669 |
| Trade, up to $35,000 may be used to purchase gifts for | 52670 |
| representatives of foreign governments or dignitaries of foreign | 52671 |
| countries. | 52672 |
| Section 203.99.24. OHIO INVESTMENT IN TRAINING PROGRAM | 52673 |
| The foregoing appropriation items 195-434, Investment in | 52674 |
| Training Grants, and 195-667, Investment in Training Expansion, | 52675 |
| shall be used to promote training through grants for the | 52676 |
| reimbursement of eligible training expenses. | 52677 |
| Section 203.99.27. CDBG OPERATING MATCH | 52678 |
| The foregoing appropriation item 195-497, CDBG Operating | 52679 |
| Match, shall be used to provide matching funds as requested by the | 52680 |
| United States Department of Housing and Urban Development to | 52681 |
| administer the federally funded Community Development Block Grant | 52682 |
| (CDBG) program. | 52683 |
| STATE OPERATING MATCH | 52684 |
| The foregoing appropriation item 195-498, State Match Energy, | 52685 |
| shall be used to provide matching funds as required by the United | 52686 |
| States Department of Energy to administer the federally funded | 52687 |
| State Energy Plan. | 52688 |
| Section 203.99.30. TRAVEL AND TOURISM GRANTS | 52689 |
| The foregoing appropriation item 195-507, Travel and Tourism | 52690 |
| Grants, shall be used to provide grants to local organizations to | 52691 |
| support various local travel and tourism events in Ohio. | 52692 |
| Section 203.99.33. THIRD FRONTIER RESEARCH & | 52693 |
| COMMERCIALIZATION GENERAL OBLIGATION DEBT SERVICE | 52694 |
| The foregoing appropriation item 195-905, Third Frontier | 52695 |
| Research & Commercialization General Obligation Debt Service, | 52696 |
| shall be used to pay all debt service and related financing costs | 52697 |
| during the period from July 1, 2005, to June 30, 2007, on | 52698 |
| obligations to be issued for research and development purposes, as | 52699 |
| authorized by the Ohio Constitution and implementing statutes. The | 52700 |
| Office of the Sinking Fund or the Director of Budget and | 52701 |
| Management shall effectuate the required payments by intrastate | 52702 |
| transfer voucher. | 52703 |
| Section 203.99.36. SUPPORTIVE SERVICES | 52704 |
| The Director of Development may assess divisions of the | 52705 |
| department for the cost of central service operations. An | 52706 |
| assessment shall be based on a plan submitted to and approved by | 52707 |
| the Office of Budget and Management by August 1, 2005, and shall | 52708 |
| contain the characteristics of administrative ease and uniform | 52709 |
| application. | 52710 |
| A division's payments shall be credited to the Supportive | 52711 |
| Services Fund (Fund 135) using an intrastate transfer voucher. | 52712 |
| GENERAL REIMBURSEMENT | 52713 |
| The foregoing appropriation item 195-636, General | 52714 |
| Reimbursements, shall be used for conference and subscription fees | 52715 |
| and other reimbursable costs. Revenues to the General | 52716 |
| Reimbursement Fund (Fund 685) shall consist of fees and other | 52717 |
| moneys charged for conferences, subscriptions, and other | 52718 |
| administrative costs that are not central service costs. | 52719 |
| WORKER GUARANTEE PROGRAM | 52720 |
| The foregoing appropriation item 195-668, Worker Guarantee | 52721 |
| Program, shall be used for the Worker Guarantee Program. | 52722 |
| Benefited employers must create at least 100 high-paying, | 52723 |
| full-time jobs over a three-year period and must demonstrate prior | 52724 |
| to the commitment of state funds that the availability of those | 52725 |
| skilled workers is a major factor in the employer's decision to | 52726 |
| locate or expand in Ohio. Activities eligible for funding through | 52727 |
| the Worker Guarantee Program include job assessment services, | 52728 |
| screening and testing of potential employees, customized training | 52729 |
| activities, and any other training or related service determined | 52730 |
| by the Director. | 52731 |
| A local workforce development service provider may include, | 52732 |
| but is not limited to, a community college, technical or | 52733 |
| vocational school, one-stop center, or any other entity designated | 52734 |
| by the Director of Development to provide services under the | 52735 |
| program. | 52736 |
| State matching funds totaling one-third of a project's cost | 52737 |
| shall be provided for each approved project when an employer and | 52738 |
| any local workforce development service provider, in conjunction | 52739 |
| with the local community, contracts with the Department of | 52740 |
| Development to provide services under the program. The employer | 52741 |
| and the local community each shall provide matching funds totaling | 52742 |
| one-third of a project's cost, and each portion of the matching | 52743 |
| funds shall be equal to state funding, which also shall be | 52744 |
| one-third of a project's cost. | 52745 |
| The state shall count in-kind contributions when determining | 52746 |
| a contribution from entities associated with the local community. | 52747 |
| The Director of Development, under Chapter 119. of the | 52748 |
| Revised Code, shall adopt, and may amend or rescind, rules the | 52749 |
| Director finds necessary for the implementation and successful | 52750 |
| operation of the Worker Guarantee Program. | 52751 |
| Section 203.99.39. HEAP WEATHERIZATION | 52752 |
| Fifteen per cent of the federal funds received by the state | 52753 |
| for the Home Energy Assistance Block Grant shall be deposited in | 52754 |
| appropriation item 195-614, HEAP Weatherization (Fund 3K9), and | 52755 |
| shall be used to provide home weatherization services in the | 52756 |
| state. | 52757 |
| STATE SPECIAL PROJECTS | 52758 |
| The foregoing fund, Fund 4F2, State Special Projects, shall | 52759 |
| be used for the deposit of private-sector funds from utility | 52760 |
| companies and for the deposit of other miscellaneous state funds. | 52761 |
| Private-sector moneys shall be used to (1) pay the expenses of | 52762 |
| verifying the income-eligibility of HEAP applicants, (2) market | 52763 |
| economic development opportunities in the state, and (3) leverage | 52764 |
| additional federal funds. State funds shall be used to match | 52765 |
| federal housing grants for the homeless and to market economic | 52766 |
| development opportunites in the state. | 52767 |
| Section 203.99.42. MINORITY BUSINESS ENTERPRISE LOAN | 52768 |
| All repayments from the Minority Development Financing | 52769 |
| Advisory Board Loan Program and the Ohio Mini-Loan Guarantee | 52770 |
| Program shall be deposited in the State Treasury to the credit of | 52771 |
| the Minority Business Enterprise Loan Fund (Fund 4W1). | 52772 |
| All operating costs of administering the Minority Business | 52773 |
| Enterprise Loan Fund shall be paid from the Minority Business | 52774 |
| Enterprise Loan Fund (Fund 4WI). | 52775 |
| MINORITY BUSINESS BONDING FUND | 52776 |
| Notwithstanding Chapters 122., 169., and 175. of the Revised | 52777 |
| Code and other provisions of Am. Sub. H.B. 283 of the 123rd | 52778 |
| General Assembly, the Director of Development may, upon the | 52779 |
| recommendation of the Minority Development Financing Advisory | 52780 |
| Board, pledge up to $10,000,000 in the FY 2006-2007 biennium of | 52781 |
| unclaimed funds administered by the Director of Commerce and | 52782 |
| allocated to the Minority Business Bonding Program under section | 52783 |
| 169.05 of the Revised Code. The transfer of any cash by the | 52784 |
| Director of Budget and Management from the Department of | 52785 |
| Commerce's Unclaimed Funds Fund (Fund 543) to the Department of | 52786 |
| Development's Minority Business Bonding Fund (Fund 449) shall | 52787 |
| occur, if requested by the Director of Development, only if such | 52788 |
| funds are needed for payment of losses arising from the Minority | 52789 |
| Business Bonding Program, and only after proceeds of the initial | 52790 |
| transfer of $2,700,000 by the Controlling Board to the Minority | 52791 |
| Business Bonding Program has been used for that purpose. Moneys | 52792 |
| transferred by the Director of Budget and Management from the | 52793 |
| Department of Commerce for this purpose may be moneys in custodial | 52794 |
| funds held by the Treasurer of State. If expenditures are required | 52795 |
| for payment of losses arising from the Minority Business Bonding | 52796 |
| Program, such expenditures shall be made from appropriation item | 52797 |
| 195-623, Minority Business Bonding Contingency in the Minority | 52798 |
| Business Bonding Fund, and such amounts are appropriated. | 52799 |
| Section 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING | 52800 |
| The foregoing appropriation item 195-625, Economic | 52801 |
| Development Financing Operating, shall be used for the operating | 52802 |
| expenses of financial assistance programs authorized under Chapter | 52803 |
| 166. of the Revised Code and under sections 122.43 and 122.45 of | 52804 |
| the Revised Code. | 52805 |
| VOLUME CAP ADMINISTRATION | 52806 |
| The foregoing appropriation item 195-654, Volume Cap | 52807 |
| Administration, shall be used for expenses related to the | 52808 |
| administration of the Volume Cap Program. Revenues received by the | 52809 |
| Volume Cap Administration Fund (Fund 617) shall consist of | 52810 |
| application fees, forfeited deposits, and interest earned from the | 52811 |
| custodial account held by the Treasurer of State. | 52812 |
| UNIVERSAL SERVICE FUND | 52813 |
| The foregoing appropriation item 195-659, Universal Service, | 52814 |
| shall be used to provide payments to regulated electric utility | 52815 |
| companies for low-income customers enrolled in Percentage of | 52816 |
| Income Payment Plan (PIPP) electric accounts, to fund targeted | 52817 |
| energy efficiency and customer education services to PIPP | 52818 |
| customers, and to cover the department's administrative costs | 52819 |
| related to Universal Service Fund Programs. | 52820 |
| ENERGY EFFICIENCY REVOLVING LOAN FUND | 52821 |
| The foregoing appropriation item 195-660, Energy Efficiency | 52822 |
| Loan and Grant, shall be used to provide financial assistance to | 52823 |
| customers for eligible energy efficiency projects for residential, | 52824 |
| commercial and industrial business, local government, educational | 52825 |
| institution, nonprofit, and agriculture customers, and to pay for | 52826 |
| the program's administrative costs as provided in the Revised Code | 52827 |
| and rules adopted by the Director of Development. | 52828 |
| GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS | 52829 |
| All payments received by the state pursuant to a series of | 52830 |
| settlements with ten brokerage firms reached with the United | 52831 |
| States Securities and Exchange Commission, the National | 52832 |
| Association of Securities Dealers, the New York Stock Exchange, | 52833 |
| the New York Attorney General, and other state regulators | 52834 |
| (henceforth referred to as the "Global Analysts Settlement | 52835 |
| Agreements"), shall be deposited into the state treasury to the | 52836 |
| credit of the Economic Development Contingency Fund (Fund 5Y6), | 52837 |
| which is hereby created in the state treasury. The fund shall be | 52838 |
| used by the Director of Development to support economic | 52839 |
| development projects for which appropriations would not otherwise | 52840 |
| be available, and shall be subject to the submission of a request | 52841 |
| to the Controlling Board by the Director outlining the planned use | 52842 |
| of the funds, and the subsequent approval of the request by the | 52843 |
| Controlling Board. | 52844 |
| Section 203.99.48. FACILITIES ESTABLISHMENT FUND | 52845 |
| The foregoing appropriation item 195-615, Facilities | 52846 |
| Establishment (Fund 037), shall be used for the purposes of the | 52847 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 52848 |
| Code. | 52849 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 52850 |
| $1,800,000 in cash each fiscal year may be transferred from the | 52851 |
| Facilities Establishment Fund (Fund 037) to the Economic | 52852 |
| Development Financing Operating Fund (Fund 451). The transfer is | 52853 |
| subject to Controlling Board approval under division (B) of | 52854 |
| section 166.03 of the Revised Code. | 52855 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 52856 |
| $20,950,000 in cash may be transferred during the biennium from | 52857 |
| the Facilities Establishment Fund (Fund 037) to the Urban | 52858 |
| Redevelopment Loans Fund (Fund 5D2) for the purpose of removing | 52859 |
| barriers to urban core redevelopment. The Director of Development | 52860 |
| shall develop program guidelines for the transfer and release of | 52861 |
| funds, including, but not limited to, the completion of all | 52862 |
| appropriate environmental assessments before state assistance is | 52863 |
| committed to a project. | 52864 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 52865 |
| $3,000,000 each fiscal year in cash may be transferred from the | 52866 |
| Facilities Establishment Fund (Fund 037) to the Rural Industrial | 52867 |
| Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling | 52868 |
| Board approval under section 166.03 of the Revised Code. | 52869 |
| FAMILY FARM LOAN PROGRAM | 52870 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 52871 |
| $1,000,000 in each fiscal year shall be transferred from moneys in | 52872 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 52873 |
| Loan Guarantee Fund (Fund 5H1) in the Department of Development. | 52874 |
| The moneys shall be used for loan guarantees. The transfer is | 52875 |
| subject to Controlling Board approval. | 52876 |
| Financial assistance from the Family Farm Loan Guarantee Fund | 52877 |
| (Fund 5H1) shall be repaid to Fund 5H1. This fund is established | 52878 |
| under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the | 52879 |
| Revised Code. | 52880 |
| When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to | 52881 |
| exist, all outstanding balances, all loan repayments, and any | 52882 |
| other outstanding obligations shall revert to the Facilities | 52883 |
| Establishment Fund (Fund 037). | 52884 |
| RURAL DEVELOPMENT INITIATIVE FUND | 52885 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S8) is | 52886 |
| entitled to receive moneys from the Facilities Establishment Fund | 52887 |
| (Fund 037). The Director of Development may make grants from the | 52888 |
| Rural Development Initiative Fund as specified in division (A)(2) | 52889 |
| of this section to eligible applicants in Appalachian counties and | 52890 |
| in rural counties in the state that are designated as distressed | 52891 |
| under section 122.25 of the Revised Code. Preference shall be | 52892 |
| given to eligible applicants located in Appalachian counties | 52893 |
| designated as distressed by the federal Appalachian Regional | 52894 |
| Commission. The Rural Development Initiative Fund (Fund 5S8) shall | 52895 |
| cease to exist after June 30, 2007. All moneys remaining in the | 52896 |
| Fund after that date shall revert to the Facilities Establishment | 52897 |
| Fund (Fund 037). | 52898 |
| (2) The Director of Development shall make grants from the | 52899 |
| Rural Development Initiative Fund (Fund 5S8) only to eligible | 52900 |
| applicants who also qualify for and receive funding under the | 52901 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 52902 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 52903 |
| grants for the purposes specified in section 122.24 of the Revised | 52904 |
| Code. All projects supported by grants from the fund are subject | 52905 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 52906 |
| of section 166.02 of the Revised Code. The Director shall develop | 52907 |
| program guidelines for the transfer and release of funds. The | 52908 |
| release of grant moneys to an eligible applicant is subject to | 52909 |
| Controlling Board approval. | 52910 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 52911 |
| Director of Budget and Management may transfer up to $3,000,000 | 52912 |
| each fiscal year in cash on an as needed basis at the request of | 52913 |
| the Director of Development from the Facilities Establishment Fund | 52914 |
| (Fund 037) to the Rural Development Initiative Fund (Fund 5S8). | 52915 |
| The transfer is subject to Controlling Board approval under | 52916 |
| section 166.03 of the Revised Code. | 52917 |
| CAPITAL ACCESS LOAN PROGRAM | 52918 |
| The foregoing appropriation item 195-628, Capital Access Loan | 52919 |
| Program, shall be used for operating, program, and administrative | 52920 |
| expenses of the program. Funds of the Capital Access Loan Program | 52921 |
| shall be used to assist participating financial institutions in | 52922 |
| making program loans to eligible businesses that face barriers in | 52923 |
| accessing working capital and obtaining fixed asset financing. | 52924 |
| Notwithstanding Chapter 166. of the Revised Code, the | 52925 |
| Director of Budget and Management may transfer up to $3,000,000 | 52926 |
| each fiscal year in cash on an as needed basis at the request of | 52927 |
| the Director of Development from the Facilities Establishment Fund | 52928 |
| (Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The | 52929 |
| transfer is subject to Controlling Board approval under section | 52930 |
| 166.03 of the Revised Code. | 52931 |
| INNOVATION OHIO LOAN FUND | 52932 |
| The foregoing appropriation item 195-664, Innovation Ohio, | 52933 |
| shall be used to provide for innovation Ohio purposes, including | 52934 |
| loan guarantees and loans under Chapter 166. and particularly | 52935 |
| sections 166.12 to 166.16 of the Revised Code. | 52936 |
| RESEARCH AND DEVELOPMENT | 52937 |
| The foregoing appropriation item 195-665, Research and | 52938 |
| Development, shall be used to provide for research and development | 52939 |
| purposes, including loans, under Chapter 166. and particularly | 52940 |
| sections 166.17 to 166.21 of the Revised Code. | 52941 |
| Section 203.99.51. CLEAN OHIO OPERATING EXPENSES | 52942 |
| The foregoing appropriation item 195-663, Clean Ohio | 52943 |
| Operating, shall be used by the Department of Development in | 52944 |
| administering sections 122.65 to 122.658 of the Revised Code. | 52945 |
| Section 203.99.54. UNCLAIMED FUNDS TRANSFER | 52946 |
| (A) Notwithstanding division (A) of section 169.05 of the | 52947 |
| Revised Code, upon the request of the Director of Budget and | 52948 |
| Management, the Director of Commerce, prior to June 30, 2006, | 52949 |
| shall transfer to the Job Development Initiatives Fund (Fund 5AD | 52950 |
| under the General Services Fund Group) up to $8,000,000 of the | 52951 |
| unclaimed funds that have been reported by the holders of | 52952 |
| unclaimed funds under section 169.05 of the Revised Code, | 52953 |
| regardless of the allocation of the unclaimed funds described | 52954 |
| under that section. | 52955 |
| Notwithstanding division (A) of section 169.05 of the Revised | 52956 |
| Code, upon the request of the Director of Budget and Management, | 52957 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 52958 |
| to the Job Development Initiative Fund (Fund 5AD under the General | 52959 |
| Services Fund Group) up to $18,000,000 of the unclaimed funds that | 52960 |
| have been reported by the holders of unclaimed funds under section | 52961 |
| 169.05 of the Revised Code, regardless of the allocation of the | 52962 |
| unclaimed funds described under that section. | 52963 |
| (B) Notwithstanding division (A) of section 169.05 of the | 52964 |
| Revised Code, upon the request of the Director of Budget and | 52965 |
| Management, the Director of Commerce, prior to June 30, 2006, | 52966 |
| shall transfer to the State Special Projects Fund (Fund 4F2) up to | 52967 |
| $5,000,000 of the unclaimed funds that have been reported by the | 52968 |
| holders of unclaimed funds under section 169.05 of the Revised | 52969 |
| Code, regardless of the allocation of the unclaimed funds | 52970 |
| described under that section. | 52971 |
| Notwithstanding division (A) of section 169.05 of the Revised | 52972 |
| Code, upon the request of the Director of Budget and Management, | 52973 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 52974 |
| to the State Special Projects Fund (Fund 4F2) up to $5,000,000 of | 52975 |
| the unclaimed funds that have been reported by the holders of | 52976 |
| unclaimed funds under section 169.05 of the Revised Code, | 52977 |
| regardless of the allocation of the unclaimed funds described | 52978 |
| under that section. | 52979 |
| Section 206.03. OBD OHIO BOARD OF DIETETICS | 52980 |
| General Services Fund Group | 52981 |
| 4K9 | 860-609 | Operating Expenses | $ | 332,495 | $ | 0 | 52982 | ||||
| TOTAL GSF General Services Fund | 52983 | ||||||||||
| Group | $ | 332,495 | $ | 0 | 52984 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 332,495 | $ | 0 | 52985 | ||||||
| Section 206.06. CDR COMMISSION ON DISPUTE RESOLUTION AND | 52987 |
| CONFLICT MANAGEMENT | 52988 |
| General Revenue Fund | 52989 |
| GRF | 145-401 | Commission on Dispute Resolution/Management | $ | 470,000 | $ | 470,000 | 52990 | ||||
| TOTAL GRF General Revenue Fund | $ | 470,000 | $ | 470,000 | 52991 | ||||||
| General Services Fund Group | 52992 |
| 4B6 | 145-601 | Gifts and Grants | $ | 140,000 | $ | 140,000 | 52993 | ||||
| TOTAL GSF General Services Fund Group | $ | 140,000 | $ | 140,000 | 52994 | ||||||
| Federal Special Revenue Fund Group | 52995 |
| 3S6 | 145-602 | Dispute Resolution: Federal | $ | 140,000 | $ | 140,000 | 52996 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 140,000 | $ | 140,000 | 52997 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 750,000 | $ | 750,000 | 52998 | ||||||
| Section 206.09. EDU DEPARTMENT OF EDUCATION | 53000 |
| General Revenue Fund | 53001 |
| GRF | 200-100 | Personal Services | $ | 11,311,314 | $ | 11,311,314 | 53002 | ||||
| GRF | 200-320 | Maintenance and Equipment | $ | 4,996,249 | $ | 4,996,249 | 53003 | ||||
| GRF | 200-408 | Early Childhood Education | $ | 19,002,195 | $ | 19,002,195 | 53004 | ||||
| GRF | 200-410 | Educator Training | $ | 24,131,557 | $ | 24,531,557 | 53005 | ||||
| GRF | 200-420 | Computer/Application/ Network Development | $ | 5,361,525 | $ | 5,361,525 | 53006 | ||||
| GRF | 200-421 | Alternative Education Programs | $ | 13,391,162 | $ | 13,391,162 | 53007 | ||||
| GRF | 200-422 | School Management Assistance | $ | 2,683,208 | $ | 2,710,572 | 53008 | ||||
| GRF | 200-424 | Policy Analysis | $ | 556,687 | $ | 556,687 | 53009 | ||||
| GRF | 200-425 | Tech Prep Consortia Support | $ | 2,069,217 | $ | 2,069,217 | 53010 | ||||
| GRF | 200-426 | Ohio Educational Computer Network | $ | 29,676,964 | $ | 29,676,964 | 53011 | ||||
| GRF | 200-427 | Academic Standards | $ | 14,440,753 | $ | 14,512,181 | 53012 | ||||
| GRF | 200-431 | School Improvement Initiatives | $ | 19,862,484 | $ | 23,191,663 | 53013 | ||||
| GRF | 200-433 | Reading/Writing Improvement-Professional Development | $ | 15,400,000 | $ | 15,400,000 | 53014 | ||||
| GRF | 200-437 | Student Assessment | $ | 63,445,234 | $ | 69,011,935 | 53015 | ||||
| GRF | 200-439 | Accountability/Report Cards | $ | 3,878,850 | $ | 6,457,290 | 53016 | ||||
| GRF | 200-442 | Child Care Licensing | $ | 1,302,495 | $ | 1,302,495 | 53017 | ||||
| GRF | 200-445 | OhioReads Volunteer Support | $ | 3,905,000 | $ | 3,905,000 | 53018 | ||||
| GRF | 200-446 | Education Management Information System | $ | 15,674,805 | $ | 15,674,805 | 53019 | ||||
| GRF | 200-447 | GED Testing | $ | 1,544,360 | $ | 1,544,360 | 53020 | ||||
| GRF | 200-448 | Educator Preparation | $ | 1,651,000 | $ | 1,651,000 | 53021 | ||||
| GRF | 200-455 | Community Schools | $ | 3,942,094 | $ | 3,942,094 | 53022 | ||||
| GRF | 200-502 | Pupil Transportation | $ | 412,330,728 | $ | 420,577,343 | 53023 | ||||
| GRF | 200-503 | Bus Purchase Allowance | $ | 8,600,000 | $ | 0 | 53024 | ||||
| GRF | 200-505 | School Lunch Match | $ | 8,998,025 | $ | 8,998,025 | 53025 | ||||
| GRF | 200-509 | Adult Literacy Education | $ | 8,539,738 | $ | 8,539,738 | 53026 | ||||
| GRF | 200-511 | Auxiliary Services | $ | 130,103,294 | $ | 133,095,669 | 53027 | ||||
| GRF | 200-514 | Postsecondary Adult Career-Technical Education | $ | 19,481,875 | $ | 19,481,875 | 53028 | ||||
| GRF | 200-521 | Gifted Pupil Program | $ | 47,474,068 | $ | 47,721,293 | 53029 | ||||
| GRF | 200-530 | Ohio Choice Scholarships | $ | 0 | $ | 9,000,000 | 53030 | ||||
| GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 56,762,916 | $ | 58,068,463 | 53031 | ||||
| GRF | 200-540 | Special Education Enhancements | $ | 133,204,606 | $ | 134,465,125 | 53032 | ||||
| GRF | 200-545 | Career-Technical Education Enhancements | $ | 10,169,442 | $ | 9,225,569 | 53033 | ||||
| GRF | 200-550 | Foundation Funding | $ | 5,560,420,663 | $ | 5,689,371,366 | 53034 | ||||
| GRF | 200-558 | Emergency Loan Interest Subsidy | $ | 1,388,164 | $ | 651,404 | 53035 | ||||
| GRF | 200-566 | Reading/Writing Improvement-Classroom Grants | $ | 12,062,336 | $ | 12,062,336 | 53036 | ||||
| GRF | 200-578 | Safe and Supportive Schools | $ | 1,218,555 | $ | 1,218,555 | 53037 | ||||
| GRF | 200-901 | Property Tax Allocation - Education | $ | 764,626,987 | $ | 728,793,318 | 53038 | ||||
| GRF | 200-906 | Tangible Tax Exemption - Education | $ | 42,830,487 | $ | 32,122,865 | 53039 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,476,439,037 | $ | 7,583,593,209 | 53040 | ||||||
| General Services Fund Group | 53041 |
| 138 | 200-606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 53042 | ||||
| 4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 832,000 | $ | 832,000 | 53043 | ||||
| 4L2 | 200-681 | Teacher Certification and Licensure | $ | 5,497,158 | $ | 5,628,332 | 53044 | ||||
| 452 | 200-638 | Miscellaneous Educational Services | $ | 400,000 | $ | 400,000 | 53045 | ||||
| 5H3 | 200-687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 53046 | ||||
| 596 | 200-656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 53047 | ||||
| TOTAL GSF General Services | 53048 | ||||||||||
| Fund Group | $ | 32,859,010 | $ | 32,990,184 | 53049 | ||||||
| Federal Special Revenue Fund Group | 53050 |
| 3AF | 200-603 | Schools Medicaid Administrative Claims | $ | 10,000,000 | $ | 10,000,000 | 53051 | ||||
| 3C5 | 200-661 | Early Childhood Education | $ | 23,874,338 | $ | 23,874,338 | 53052 | ||||
| 3D1 | 200-664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 53053 | ||||
| 3D2 | 200-667 | Honors Scholarship Program | $ | 5,812,903 | $ | 5,833,965 | 53054 | ||||
| 3H9 | 200-605 | Head Start Collaboration Project | $ | 275,000 | $ | 275,000 | 53055 | ||||
| 3L6 | 200-617 | Federal School Lunch | $ | 204,256,132 | $ | 211,583,653 | 53056 | ||||
| 3L7 | 200-618 | Federal School Breakfast | $ | 46,382,851 | $ | 48,405,608 | 53057 | ||||
| 3L8 | 200-619 | Child/Adult Food Programs | $ | 66,590,622 | $ | 67,915,843 | 53058 | ||||
| 3L9 | 200-621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 53059 | ||||
| 3M0 | 200-623 | ESEA Title 1A | $ | 440,260,178 | $ | 461,026,070 | 53060 | ||||
| 3M1 | 200-678 | Innovative Education | $ | 11,800,000 | $ | 11,800,000 | 53061 | ||||
| 3M2 | 200-680 | Ind W/Disab Education Act | $ | 513,058,569 | $ | 605,581,547 | 53062 | ||||
| 3S2 | 200-641 | Education Technology | $ | 20,800,000 | $ | 20,800,000 | 53063 | ||||
| 3T4 | 200-613 | Public Charter Schools | $ | 13,500,000 | $ | 13,000,000 | 53064 | ||||
| 3U2 | 200-662 | Teacher Quality Enhancement Grants | $ | 795,280 | $ | 795,280 | 53065 | ||||
| 3Y2 | 200-688 | 21st Century Community Learning Centers | $ | 30,681,554 | $ | 30,681,554 | 53066 | ||||
| 3Y4 | 200-632 | Reading First | $ | 31,215,798 | $ | 31,215,798 | 53067 | ||||
| 3Y6 | 200-635 | Improving Teacher Quality | $ | 107,000,000 | $ | 107,000,000 | 53068 | ||||
| 3Y7 | 200-689 | English Language Acquisition | $ | 7,500,000 | $ | 8,000,000 | 53069 | ||||
| 3Y8 | 200-639 | Rural and Low Income | $ | 1,700,000 | $ | 1,700,000 | 53070 | ||||
| 3Z2 | 200-690 | State Assessments | $ | 12,681,031 | $ | 12,883,799 | 53071 | ||||
| 3Z3 | 200-645 | Consolidated USDE Administration | $ | 9,200,000 | $ | 9,200,000 | 53072 | ||||
| 309 | 200-601 | Educationally Disadvantaged | $ | 19,658,846 | $ | 19,658,846 | 53073 | ||||
| 366 | 200-604 | Adult Basic Ed ucation | $ | 18,500,000 | $ | 18,500,000 | 53074 | ||||
| 367 | 200-607 | School Food Services | $ | 11,383,637 | $ | 11,666,732 | 53075 | ||||
| 368 | 200-614 | Veterans' Training | $ | 672,961 | $ | 691,130 | 53076 | ||||
| 369 | 200-616 | Career-Tech Education Federal Enhancement | $ | 6,500,000 | $ | 6,500,000 | 53077 | ||||
| 370 | 200-624 | Education of Exceptional Children | $ | 2,386,610 | $ | 2,386,610 | 53078 | ||||
| 371 | 200-631 | EEO Title IV | $ | 400,000 | $ | 400,000 | 53079 | ||||
| 374 | 200-647 | Troops to Teachers | $ | 400,000 | $ | 400,000 | 53080 | ||||
| 378 | 200-660 | Math/Science Technology Investments | $ | 1,200,000 | $ | 1,200,000 | 53081 | ||||
| TOTAL FED Federal Special | 53082 | ||||||||||
| Revenue Fund Group | $ | 1,679,863,977 | $ | 1,804,353,440 | 53083 | ||||||
| State Special Revenue Fund Group | 53084 |
| 4R7 | 200-695 | Indirect Cost Recovery | $ | 5,382,864 | $ | 5,449,748 | 53085 | ||||
| 4V7 | 200-633 | Interagency Support | $ | 500,000 | $ | 500,000 | 53086 | ||||
| 454 | 200-610 | Guidance and Testing | $ | 400,000 | $ | 400,000 | 53087 | ||||
| 455 | 200-608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 53088 | ||||
| 5BB | 200-696 | State Action for Education Leadership | $ | 1,200,000 | $ | 1,200,000 | 53089 | ||||
| 5BJ | 200-626 | Half-Mill Maintenance Equalization | $ | 0 | $ | 10,700,000 | 53090 | ||||
| 5U2 | 200-685 | National Education Statistics | $ | 200,000 | $ | 200,000 | 53091 | ||||
| 5W2 | 200-663 | Early Learning Initiative | $ | 96,580,000 | $ | 115,456,000 | 53092 | ||||
| 598 | 200-659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 53093 | ||||
| 620 | 200-615 | Educational Grants | $ | 1,000,000 | $ | 1,000,000 | 53094 | ||||
| TOTAL SSR State Special Revenue | 53095 | ||||||||||
| Fund Group | $ | 130,591,774 | $ | 160,234,658 | 53096 | ||||||
| Lottery Profits Education Fund Group | 53097 |
| 017 | 200-612 | Base Cost Funding | $ | 606,208,300 | $ | 606,296,800 | 53098 | ||||
| 017 | 200-682 | Lease Rental Payment Reimbursement | $ | 31,691,700 | $ | 31,603,200 | 53099 | ||||
| TOTAL LPE Lottery Profits | 53100 | ||||||||||
| Education Fund Group | $ | 637,900,000 | $ | 637,900,000 | 53101 | ||||||
| Revenue Distribution Fund Group | 53102 |
| 047 | 200-900 | School District Property Tax Replacement-Business | $ | 28,800,000 | $ | 220,800,000 | 53103 | ||||
| 053 | 200-900 | School District Property Tax Replacement-Utility | $ | 116,647,522 | $ | 101,647,522 | 53104 | ||||
| TOTAL RDF Revenue Distribution | 53105 | ||||||||||
| Fund Group | $ | 145,447,522 | $ | 322,447,522 | 53106 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,103,101,320 | $ | 10,541,519,013 | 53107 | ||||||
| Section 206.09.03. PERSONAL SERVICES | 53109 |
| Of the foregoing appropriation item 200-100, Personal | 53110 |
| Services, $1,581,181 in each fiscal year shall be used by the | 53111 |
| Department of Education to provide vocational administration | 53112 |
| matching funds under 20 U.S.C. 2311. | 53113 |
| MAINTENANCE AND EQUIPMENT | 53114 |
| Of the foregoing appropriation item 200-320, Maintenance and | 53115 |
| Equipment, up to $25,000 may be expended in each fiscal year for | 53116 |
| State Board of Education out-of-state travel. | 53117 |
| Of the foregoing appropriation item 200-320, Maintenance and | 53118 |
| Equipment, $652,014 in each fiscal year shall be used by the | 53119 |
| Department of Education to provide vocational administration | 53120 |
| matching funds under 20 U.S.C. 2311. | 53121 |
| Section 206.09.06. EARLY CHILDHOOD EDUCATION | 53122 |
| The Department of Education shall distribute the foregoing | 53123 |
| appropriation item 200-408, Early Childhood Education, to pay the | 53124 |
| costs of comprehensive early childhood education programs. As used | 53125 |
| in this section, "provider" means a city, local, exempted village, | 53126 |
| or joint vocational school district, an educational service | 53127 |
| center, or any community-based entity licensed under sections | 53128 |
| 3301.52 to 3301.59 or Chapter 5104. of the Revised Code with | 53129 |
| experience educating children. | 53130 |
| (A) In each fiscal year, up to two per cent of the total | 53131 |
| appropriation may be used by the Department for program support | 53132 |
| and technical assistance. The Department shall distribute the | 53133 |
| remainder of the appropriation in each fiscal year to serve | 53134 |
| children from families earning not more than 200 per cent of the | 53135 |
| federal poverty guidelines. | 53136 |
| (B) The Department shall provide an annual report to the | 53137 |
| Governor, the Speaker of the House of Representatives, and the | 53138 |
| President of the Senate and post the report to the Department's | 53139 |
| web site, regarding early childhood education programs operated | 53140 |
| under this section and the early learning program guidelines for | 53141 |
| school readiness. | 53142 |
| (C) For purposes of this section, "eligible child" means a | 53143 |
| child who is at least three years of age, is not of the age to be | 53144 |
| eligible for kindergarten, and whose family earns not more than | 53145 |
| 200 per cent of the federal poverty guidelines. | 53146 |
| (D) After setting aside the amounts to make payments due from | 53147 |
| the previous fiscal year, in fiscal year 2006, the Department | 53148 |
| shall distribute funds first to recipients of funds for public | 53149 |
| preschool programs under Section 41.02 of Am. Sub. H.B. 95 of the | 53150 |
| 125th General Assembly in the previous fiscal year and the balance | 53151 |
| to new providers of early childhood education programs under this | 53152 |
| section. After setting aside the amounts to make payments due from | 53153 |
| the previous fiscal year, in fiscal year 2007, the Department | 53154 |
| shall distribute funds first to providers of early childhood | 53155 |
| education programs under this section in the previous fiscal year | 53156 |
| and the balance to new providers. Awards under this section shall | 53157 |
| be distributed on a per-pupil basis, which the Department may | 53158 |
| adjust so that the per-pupil amount multiplied by the number of | 53159 |
| eligible children enrolled and receiving services, as defined by | 53160 |
| the Department, reported on the first day of December or the first | 53161 |
| business day following that date equals the amount allocated under | 53162 |
| division (A) of this section. The Department may increase the | 53163 |
| per-pupil amount by a reasonable percentage for inflation, to be | 53164 |
| determined by the Department. | 53165 |
| The Department may reallocate unobligated or unspent money to | 53166 |
| participating providers for purposes of program expansion, | 53167 |
| improvement, or special projects to promote quality and | 53168 |
| innovation. | 53169 |
| (E) Costs for developing and administering an early childhood | 53170 |
| education program may not exceed fifteen per cent of the total | 53171 |
| approved costs of the program. | 53172 |
| All providers shall maintain such fiscal control and | 53173 |
| accounting procedures as may be necessary to ensure the | 53174 |
| disbursement of, and accounting for, these funds. The control of | 53175 |
| funds provided in this program, and title to property obtained | 53176 |
| therefrom, shall be under the authority of the approved provider | 53177 |
| for purposes provided in the program unless, as described in | 53178 |
| division (I) of this section, the program waives its right for | 53179 |
| funding or a program's funding is eliminated or reduced due to its | 53180 |
| inability to meet financial or early learning program guidelines | 53181 |
| for school readiness. The approved provider shall administer and | 53182 |
| use such property and funds for the purposes specified. | 53183 |
| (F) The Department may examine a provider's financial and | 53184 |
| program records. If the financial practices of the program are not | 53185 |
| in accordance with standard accounting principles or do not meet | 53186 |
| financial standards outlined under division (E) of this section, | 53187 |
| or if the program fails to substantially meet the early learning | 53188 |
| program guidelines for school readiness or exhibits below average | 53189 |
| performance as measured against the guidelines, the early | 53190 |
| childhood education program shall propose and implement a | 53191 |
| corrective action plan that has been approved by the Department. | 53192 |
| The approved corrective action plan shall be signed by the chief | 53193 |
| executive officer and the executive of the official governing body | 53194 |
| of the provider. The corrective action plan shall include a | 53195 |
| schedule for monitoring by the Department. Such monitoring may | 53196 |
| include monthly reports, inspections, a timeline for correction of | 53197 |
| deficiencies, and technical assistance to be provided by the | 53198 |
| Department or obtained by the early childhood education program. | 53199 |
| The Department may withhold funding pending corrective action. If | 53200 |
| an early childhood education program fails to satisfactorily | 53201 |
| complete a corrective action plan, the Department may deny | 53202 |
| expansion funding to the program or withdraw all or part of the | 53203 |
| funding to the program and establish a new provider through a | 53204 |
| competitive bidding process established by the Department. | 53205 |
| (G) Each early childhood education program shall do all of | 53206 |
| the following: | 53207 |
| (1) Meet teacher qualification requirements prescribed by | 53208 |
| section 3301.311 of the Revised Code; | 53209 |
| (2) Align curriculum to the early learning program guidelines | 53210 |
| for school readiness; | 53211 |
| (3) Meet any assessment requirements prescribed by section | 53212 |
| 3301.0715 of the Revised Code that are applicable to the program; | 53213 |
| (4) Require teachers, including teachers enrolled and working | 53214 |
| to obtain a degree pursuant to section 3301.311 of the Revised | 53215 |
| Code, to attend a minimum of twenty hours per year of professional | 53216 |
| development as prescribed by the Department regarding the | 53217 |
| implementation of content standards and assessments; | 53218 |
| (5) Document and report child progress in meeting the early | 53219 |
| learning program guidelines for school readiness. | 53220 |
| (H) Each provider shall develop a sliding fee scale based on | 53221 |
| family incomes and shall charge families who earn more than the | 53222 |
| federal poverty guidelines for the early childhood education | 53223 |
| program. | 53224 |
| (I) If an early childhood education program voluntarily | 53225 |
| waives its right for funding, or has its funding eliminated for | 53226 |
| not meeting financial standards or the early learning program | 53227 |
| guidelines for school readiness, the provider shall transfer | 53228 |
| control of title to property, equipment, and remaining supplies | 53229 |
| obtained through the program to providers designated by the | 53230 |
| Department and return any unexpended funds to the Department along | 53231 |
| with any reports prescribed by the Department. The funding made | 53232 |
| available from a program that waives its right for funding or has | 53233 |
| its funding eliminated or reduced may be used by the Department | 53234 |
| for new grant awards or expansion grants. The Department may award | 53235 |
| new grants or expansion grants to eligible providers who apply. | 53236 |
| The eligible providers who apply must do so in accordance with the | 53237 |
| competitive bidding process established by the Department. | 53238 |
| (J) As used in this section, "early learning program | 53239 |
| guidelines for school readiness" means the guidelines established | 53240 |
| by the Department pursuant to division (C)(3) of Section 206.09.54 | 53241 |
| of this act. | 53242 |
| Section 206.09.09. EDUCATOR TRAINING | 53243 |
| The foregoing appropriation item 200-410, Educator Training, | 53244 |
| shall be used to fund professional development programs in Ohio. | 53245 |
| The Department of Education shall, when possible, incorporate | 53246 |
| cultural competency as a component of professional development and | 53247 |
| actively promote the development of cultural competency in the | 53248 |
| operation of its professional development programs. As used in | 53249 |
| this section, "cultural competency" has the meaning specified by | 53250 |
| the Educator Standards Board under section 3319.61 of the Revised | 53251 |
| Code. | 53252 |
| Of the foregoing appropriation item 200-410, Educator | 53253 |
| Training, up to $7,850,000 in fiscal year 2006 and up to | 53254 |
| $8,250,000 in fiscal year 2007 shall be used by the Department of | 53255 |
| Education to provide grants to pay $2,000 of the application fee | 53256 |
| in order to assist teachers from public and chartered nonpublic | 53257 |
| schools applying for the first time to the National Board for | 53258 |
| Professional Teaching Standards for professional teaching | 53259 |
| certificates or licenses that the board offers. This set aside | 53260 |
| shall also be used to recognize and reward teachers who become | 53261 |
| certified by the National Board for Professional Teaching | 53262 |
| Standards under section 3319.55 of the Revised Code. Up to | 53263 |
| $300,000 in each fiscal year of this set aside may be used by the | 53264 |
| Department to pay for costs associated with activities to support | 53265 |
| candidates through the application and certification process. | 53266 |
| These moneys shall be used to pay up to the first 400 | 53267 |
| applications in each fiscal year received by the Department. | 53268 |
| Of the foregoing appropriation item 200-410, Educator | 53269 |
| Training, up to $9,515,817 in each fiscal year shall be allocated | 53270 |
| for entry year programs. These funds shall be used to support | 53271 |
| mentoring services and performance assessments of beginning | 53272 |
| teachers in school districts and chartered nonpublic schools. | 53273 |
| Of the foregoing appropriation item 200-410, Educator | 53274 |
| Training, up to $250,000 in each fiscal year shall be used to | 53275 |
| provide technical assistance and grants for districts to develop | 53276 |
| local knowledge/skills-based compensation systems (Teacher | 53277 |
| Advancement Program). Each district receiving grants shall issue | 53278 |
| an annual report to the Department of Education detailing the use | 53279 |
| of the funds and the impact of the system developed by the | 53280 |
| district. | 53281 |
| Of the foregoing appropriation item 200-410, Educator | 53282 |
| Training, up to $500,000 in each fiscal year shall be used for | 53283 |
| training and professional development of school administrators, | 53284 |
| school treasurers, and school business officials. | 53285 |
| Of the foregoing appropriation item 200-410, Educator | 53286 |
| Training, up to $100,000 in each fiscal year shall be used by the | 53287 |
| Department of Education to develop a supply and demand report that | 53288 |
| describes the availability of quality educators and critical | 53289 |
| educator shortage areas in Ohio. | 53290 |
| Of the foregoing appropriation item 200-410, Educator | 53291 |
| Training, up to $1,106,740 in each fiscal year shall be used for | 53292 |
| educator recruitment programs targeting shortage areas, including | 53293 |
| recruiting highly qualified minority candidates into teaching and | 53294 |
| recruiting prospective mathematics and science teachers. The funds | 53295 |
| also may be used to provide an alternative route to licensure for | 53296 |
| principals and other administrators. | 53297 |
| Of the foregoing appropriation item 200-410, Educator | 53298 |
| Training, up to $375,000 in each fiscal year shall be used by the | 53299 |
| Department of Education to identify hard-to-staff schools and to | 53300 |
| provide incentives for highly qualified teachers to teach in these | 53301 |
| schools. Stipends shall be provided to teachers with at least | 53302 |
| three years of experience who teach in the areas of middle or high | 53303 |
| school mathematics or science. | 53304 |
| Of the foregoing appropriation item 200-410, Educator | 53305 |
| Training, up to $63,000 in each fiscal year shall be used to | 53306 |
| support the Ohio University Leadership Program. | 53307 |
| Of the foregoing appropriation item 200-410, Educator | 53308 |
| Training, up to $4,371,000 in each fiscal year shall be allocated | 53309 |
| by the Department of Education on a per pupil basis, to school | 53310 |
| districts in academic emergency or with a three-year average | 53311 |
| graduation rate of not more than seventy-five per cent. As used in | 53312 |
| this section, "three-year average" and "graduation rate" have the | 53313 |
| meanings specified in section 3302.01 of the Revised Code. These | 53314 |
| funds shall be used by the districts to provide an equivalent of | 53315 |
| five days of ongoing embedded professional development for | 53316 |
| classroom teachers who provide instruction in the subject areas of | 53317 |
| reading, writing, mathematics, science, or social studies to | 53318 |
| students enrolled in the ninth or tenth grade. This professional | 53319 |
| development shall focus on developing subject competency, | 53320 |
| developing cultural competency, developing skills for analyzing | 53321 |
| test data, and developing data-based intervention strategies to | 53322 |
| prepare students below grade level to pass the Ohio Graduation | 53323 |
| Test. Districts shall submit a research-based, professional | 53324 |
| development plan for five days of embedded professional | 53325 |
| development to the Department of Education prior to receiving | 53326 |
| funds. The plan shall detail how ninth and tenth grade teachers | 53327 |
| will learn and implement classroom strategies for students to | 53328 |
| reach state standards in mathematics, reading, writing, social | 53329 |
| studies, and science. | 53330 |
| Section 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 53331 |
| The foregoing appropriation item 200-420, | 53332 |
| Computer/Application/Network Development, shall be used to support | 53333 |
| the development and implementation of information technology | 53334 |
| solutions designed to improve the performance and services of the | 53335 |
| Department of Education. Funds may be used for personnel, | 53336 |
| maintenance, and equipment costs related to the development and | 53337 |
| implementation of these technical system projects. Implementation | 53338 |
| of these systems shall allow the Department to provide greater | 53339 |
| levels of assistance to school districts and to provide more | 53340 |
| timely information to the public, including school districts, | 53341 |
| administrators, and legislators. | 53342 |
| ALTERNATIVE EDUCATION PROGRAMS | 53343 |
| There is hereby created the Alternative Education Advisory | 53344 |
| Council, which shall consist of one representative from each of | 53345 |
| the following agencies: the Ohio Department of Education; the | 53346 |
| Department of Youth Services; the Ohio Department of Alcohol and | 53347 |
| Drug Addiction Services; the Department of Mental Health; the | 53348 |
| Office of the Governor or, at the Governor's discretion, the | 53349 |
| Office of the Lieutenant Governor; the Office of the Attorney | 53350 |
| General; and the Office of the Auditor of State. | 53351 |
| Of the foregoing appropriation item 200-421, Alternative | 53352 |
| Education Programs, up to $6,302,310 in each fiscal year shall be | 53353 |
| used for the renewal of successful implementation grants and for | 53354 |
| competitive matching grants to the 21 urban school districts as | 53355 |
| defined in division (O) of section 3317.02 of the Revised Code as | 53356 |
| it existed prior to July 1, 1998, and up to $6,408,074 in each | 53357 |
| fiscal year shall be used for the renewal of successful | 53358 |
| implementation grants and for competitive matching grants to rural | 53359 |
| and suburban school districts for alternative educational programs | 53360 |
| for existing and new at-risk and delinquent youth. Programs shall | 53361 |
| be focused on youth in one or more of the following categories: | 53362 |
| those who have been expelled or suspended, those who have dropped | 53363 |
| out of school or who are at risk of dropping out of school, those | 53364 |
| who are habitually truant or disruptive, or those on probation or | 53365 |
| on parole from a Department of Youth Services facility. Grants | 53366 |
| shall be awarded according to the criteria established by the | 53367 |
| Alternative Education Advisory Council in 1999. Grants shall be | 53368 |
| awarded only to programs in which the grant will not serve as the | 53369 |
| program's primary source of funding. These grants shall be | 53370 |
| administered by the Department of Education. | 53371 |
| The Department of Education may waive compliance with any | 53372 |
| minimum education standard established under section 3301.07 of | 53373 |
| the Revised Code for any alternative school that receives a grant | 53374 |
| under this section on the grounds that the waiver will enable the | 53375 |
| program to more effectively educate students enrolled in the | 53376 |
| alternative school. | 53377 |
| Of the foregoing appropriation item 200-421, Alternative | 53378 |
| Education Programs, up to $422,281 in each fiscal year may be used | 53379 |
| for program administration, monitoring, technical assistance, | 53380 |
| support, research, and evaluation. Any unexpended balance may be | 53381 |
| used to provide additional matching grants to urban, suburban, or | 53382 |
| rural school districts as outlined above. | 53383 |
| Of the foregoing appropriation item 200-421, Alternative | 53384 |
| Education Programs, up to $258,497 in each fiscal year shall be | 53385 |
| used to contract with the Center for Learning Excellence at The | 53386 |
| Ohio State University to provide technical support for the project | 53387 |
| and the completion of formative and summative evaluation of the | 53388 |
| grants. | 53389 |
| SCHOOL MANAGEMENT ASSISTANCE | 53390 |
| Of the foregoing appropriation item 200-422, School | 53391 |
| Management Assistance, up to $1,315,000 in each fiscal year shall | 53392 |
| be used by the Auditor of State in consultation with the | 53393 |
| Department of Education for expenses incurred in the Auditor of | 53394 |
| State's role relating to fiscal caution, fiscal watch, and fiscal | 53395 |
| emergency activities as defined in Chapter 3316. of the Revised | 53396 |
| Code and may also be used to conduct performance audits consistent | 53397 |
| with the recommendations of the Governor's Blue Ribbon Task Force | 53398 |
| on Financing Student Success, with priority given to districts in | 53399 |
| fiscal distress. Expenses include duties related to the completion | 53400 |
| of performance audits for school districts that the Superintendent | 53401 |
| of Public Instruction determines are employing fiscal practices or | 53402 |
| experiencing budgetary conditions that could produce a state of | 53403 |
| fiscal watch or fiscal emergency. | 53404 |
| The remainder of foregoing appropriation item 200-422, School | 53405 |
| Management Assistance, shall be used by the Department of | 53406 |
| Education to provide fiscal technical assistance and inservice | 53407 |
| education for school district management personnel and to | 53408 |
| administer, monitor, and implement the fiscal watch and fiscal | 53409 |
| emergency provisions under Chapter 3316. of the Revised Code. | 53410 |
| POLICY ANALYSIS | 53411 |
| The foregoing appropriation item 200-424, Policy Analysis, | 53412 |
| shall be used by the Department of Education to support a system | 53413 |
| of administrative, statistical, and legislative education | 53414 |
| information to be used for policy analysis. Staff supported by | 53415 |
| this appropriation shall administer the development of reports, | 53416 |
| analyses, and briefings to inform education policymakers of | 53417 |
| current trends in education practice, efficient and effective use | 53418 |
| of resources, and evaluation of programs to improve education | 53419 |
| results. The database shall be kept current at all times. These | 53420 |
| research efforts shall be used to supply information and analysis | 53421 |
| of data to the General Assembly and other state policymakers, | 53422 |
| including the Office of Budget and Management and the Legislative | 53423 |
| Service Commission. | 53424 |
| The Department of Education may use funding from this | 53425 |
| appropriation item to purchase or contract for the development of | 53426 |
| software systems or contract for policy studies that will assist | 53427 |
| in the provision and analysis of policy-related information. | 53428 |
| Funding from this appropriation item also may be used to monitor | 53429 |
| and enhance quality assurance for research-based policy analysis | 53430 |
| and program evaluation to enhance the effective use of education | 53431 |
| information to inform education policymakers. | 53432 |
| TECH PREP CONSORTIA SUPPORT | 53433 |
| The foregoing appropriation item 200-425, Tech Prep Consortia | 53434 |
| Support, shall be used by the Department of Education to support | 53435 |
| state-level activities designed to support, promote, and expand | 53436 |
| tech prep programs. Use of these funds shall include, but not be | 53437 |
| limited to, administration of grants, program evaluation, | 53438 |
| professional development, curriculum development, assessment | 53439 |
| development, program promotion, communications, and statewide | 53440 |
| coordination of tech prep consortia. | 53441 |
| OHIO EDUCATIONAL COMPUTER NETWORK | 53442 |
| The foregoing appropriation item 200-426, Ohio Educational | 53443 |
| Computer Network, shall be used by the Department of Education to | 53444 |
| maintain a system of information technology throughout Ohio and to | 53445 |
| provide technical assistance for such a system in support of the | 53446 |
| State Education Technology Plan under section 3301.07 of the | 53447 |
| Revised Code. | 53448 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 53449 |
| Computer Network, up to $18,136,691 in each fiscal year shall be | 53450 |
| used by the Department of Education to support connection of all | 53451 |
| public school buildings and participating chartered nonpublic | 53452 |
| schools to the state's education network, to each other, and to | 53453 |
| the Internet. In each fiscal year the Department of Education | 53454 |
| shall use these funds to assist data acquisition sites or school | 53455 |
| districts with the operational costs associated with this | 53456 |
| connectivity. The Department of Education shall develop a formula | 53457 |
| and guidelines for the distribution of these funds to the data | 53458 |
| acquisition sites or individual school districts. As used in this | 53459 |
| section, "public school building" means a school building of any | 53460 |
| city, local, exempted village, or joint vocational school | 53461 |
| district, any community school established under Chapter 3314. of | 53462 |
| the Revised Code, any educational service center building used for | 53463 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 53464 |
| School for the Blind, or high schools chartered by the Ohio | 53465 |
| Department of Youth Services and high schools operated by Ohio | 53466 |
| Department of Rehabilitation and Corrections' Ohio Central School | 53467 |
| System. | 53468 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 53469 |
| Computer Network, up to $1,700,000 in each fiscal year shall be | 53470 |
| used for the Union Catalog and InfOhio Network. | 53471 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 53472 |
| Computer Network, up to $8,338,468 in each fiscal year shall be | 53473 |
| used, through a formula and guidelines devised by the department, | 53474 |
| to subsidize the activities of designated data acquisition sites, | 53475 |
| as defined by State Board of Education rules, to provide school | 53476 |
| districts and chartered nonpublic schools with computer-based | 53477 |
| student and teacher instructional and administrative information | 53478 |
| services, including approved computerized financial accounting, | 53479 |
| and to ensure the effective operation of local automated | 53480 |
| administrative and instructional systems. | 53481 |
| The remainder of appropriation item 200-426, Ohio Educational | 53482 |
| Computer Network, shall be used to support development, | 53483 |
| maintenance, and operation of a network of uniform and compatible | 53484 |
| computer-based information and instructional systems. This | 53485 |
| technical assistance shall include, but not be restricted to, | 53486 |
| development and maintenance of adequate computer software systems | 53487 |
| to support network activities. In order to improve the efficiency | 53488 |
| of network activities, the Department and data acquisition sites | 53489 |
| may jointly purchase equipment, materials, and services from funds | 53490 |
| provided under this appropriation for use by the network and, when | 53491 |
| considered practical by the Department, may utilize the services | 53492 |
| of appropriate state purchasing agencies. | 53493 |
| ACADEMIC STANDARDS | 53494 |
| Of the foregoing appropriation item 200-427, Academic | 53495 |
| Standards, up to $2,547,912 in each fiscal year shall be used to | 53496 |
| provide funds to school districts that have one or more teachers | 53497 |
| participating in the teachers-on-loan program. | 53498 |
| Of the foregoing appropriation item 200-427, Academic | 53499 |
| Standards, $150,000 in each fiscal year shall be used by the | 53500 |
| Department in combination with funding earmarked for this purpose | 53501 |
| in the Board of Regents' budget under appropriation item 235-321, | 53502 |
| Operating Expenses. Such funding shall be used to support Ohio's | 53503 |
| Partnership for Continued Learning at the direction of the Office | 53504 |
| of the Governor. Ohio's Partnership for Continued Learning | 53505 |
| replaces and broadens the former Joint Council of the Department | 53506 |
| of Education and the Board of Regents. The Partnership shall | 53507 |
| advise and make recommendations to promote collaboration among | 53508 |
| relevant state entities in an effort to help local communities | 53509 |
| develop coherent and successful "P-16" learning systems. The | 53510 |
| Governor, or the Governor's designee, shall serve as the | 53511 |
| chairperson. | 53512 |
| Of the foregoing appropriation item 200-427, Academic | 53513 |
| Standards, $1,000,000 in each fiscal year shall be used for | 53514 |
| Project Lead the Way leadership and management oversight and | 53515 |
| initial and continuing support of Project Lead the Way workforce | 53516 |
| development programs in participating school districts. Project | 53517 |
| Lead the Way is a program that supports students interested in | 53518 |
| pursuing engineering professions and stimulates growth of career | 53519 |
| pathways that meet business and industry workforce needs. | 53520 |
| Of the foregoing appropriation item 200-427, Academic | 53521 |
| Standards, up to $2,600,000 shall be used for intensive teacher | 53522 |
| professional development institutes that focus on classroom | 53523 |
| implementation of the mathematics standards. | 53524 |
| The remainder of appropriation item 200-427, Academic | 53525 |
| Standards, shall be used by the Department of Education to develop | 53526 |
| and communicate to school districts academic content standards and | 53527 |
| curriculum models. | 53528 |
| Section 206.09.15. SCHOOL IMPROVEMENT INITIATIVES | 53529 |
| Of the foregoing appropriation item 200-431, School | 53530 |
| Improvement Initiatives, up to $14,972,949 in fiscal year 2006 and | 53531 |
| $15,122,678 in fiscal year 2007 shall be used to provide technical | 53532 |
| assistance to school districts that are declared to be in a state | 53533 |
| of academic watch or academic emergency under section 3302.03 of | 53534 |
| the Revised Code, to provide support to districts in the | 53535 |
| development and implementation of their continuous improvement | 53536 |
| plans as required in section 3302.04 of the Revised Code, to | 53537 |
| support a statewide comprehensive system of field relations that | 53538 |
| support local educators' abilities to foster academic achievement | 53539 |
| in the students they serve, and to provide technical assistance | 53540 |
| and support in accordance with Title I of the "No Child Left | 53541 |
| Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field | 53542 |
| relations system shall include training that assists educators, | 53543 |
| school leadership, and technical assistance providers in | 53544 |
| understanding and implementing standards-based education, data | 53545 |
| analysis, and development of assessment systems for quality | 53546 |
| instruction. | 53547 |
| Of the foregoing appropriation item 200-431, School | 53548 |
| Improvement Initiatives, up to $315,000 in each fiscal year shall | 53549 |
| be used to reduce the dropout rate by addressing the academic and | 53550 |
| social problems of inner-city students through Project GRAD. | 53551 |
| Of the foregoing appropriation item 200-431, School | 53552 |
| Improvement Initiatives, $1,574,535 in fiscal year 2006 and | 53553 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 53554 |
| funding provided in the Board of Regents' budget under | 53555 |
| appropriation item 235-434, College Readiness and Access, to | 53556 |
| create early college high schools, which are small, autonomous | 53557 |
| schools that blend high school and college into a coherent | 53558 |
| educational program. | 53559 |
| Of the foregoing appropriation item 200-431, School | 53560 |
| Improvement Initiatives, up to $3,000,000 in fiscal year 2006 and | 53561 |
| up to $5,000,000 in fiscal year 2007 shall be used in partnership | 53562 |
| with nonprofit groups with expertise in converting existing large | 53563 |
| urban high schools into small, personalized high schools. | 53564 |
| Districts eligible for such funding include the Urban 21 high | 53565 |
| schools, with priority given to those without other sources of | 53566 |
| funding for this initiative. | 53567 |
| READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT | 53568 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 53569 |
| Improvement-Professional Development, up to $10,075,000 in each | 53570 |
| fiscal year shall be used for educator training in literacy for | 53571 |
| classroom teachers, administrators, and literacy specialists. | 53572 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 53573 |
| Improvement-Professional Development, up to $5,000,000 in each | 53574 |
| fiscal year shall be used to support literacy professional | 53575 |
| development partnerships between the Department of Education, | 53576 |
| higher education institutions, literacy networks, and school | 53577 |
| districts. | 53578 |
| The remainder of appropriation item 200-433, Reading/Writing | 53579 |
| Improvement-Professional Development, shall be used by the | 53580 |
| Department of Education to provide administrative support of | 53581 |
| literacy professional development programs. | 53582 |
| STUDENT ASSESSMENT | 53583 |
| The foregoing appropriation item 200-437, Student Assessment, | 53584 |
| shall be used to develop, field test, print, distribute, score, | 53585 |
| report results, and support other associated costs for the tests | 53586 |
| required under sections 3301.0710 and 3301.0711 of the Revised | 53587 |
| Code and for similar purposes as required by section 3301.27 of | 53588 |
| the Revised Code. | 53589 |
| ACCOUNTABILITY/REPORT CARDS | 53590 |
| Of the foregoing appropriation item 200-439, | 53591 |
| Accountability/Report Cards, up to $200,100 in fiscal year 2006 | 53592 |
| and up to $2,778,540 in fiscal year 2007 shall be used by the | 53593 |
| Department of Education to incorporate a statewide pilot | 53594 |
| value-added progress dimension into performance ratings for school | 53595 |
| districts and to train regional specialists. This funding shall be | 53596 |
| used in consultation with a credible nonprofit organization with | 53597 |
| expertise in value-added program dimensions. | 53598 |
| The remainder of the appropriation item 200-439, | 53599 |
| Accountability/Report Cards, shall be used for the development of | 53600 |
| an accountability system that includes the preparation and | 53601 |
| distribution of school report cards under section 3302.03 of the | 53602 |
| Revised Code. | 53603 |
| CHILD CARE LICENSING | 53604 |
| The foregoing appropriation item 200-442, Child Care | 53605 |
| Licensing, shall be used by the Department of Education to license | 53606 |
| and to inspect preschool and school-age child care programs under | 53607 |
| sections 3301.52 to 3301.59 of the Revised Code. | 53608 |
| OHIOREADS VOLUNTEER SUPPORT | 53609 |
| The foregoing appropriation item 200-445, OhioReads Volunteer | 53610 |
| Support, may be allocated by the Department of Education for | 53611 |
| volunteer coordinators in public school buildings, for background | 53612 |
| checks for volunteers, to evaluate programs, and to develop, | 53613 |
| implement, and support literacy improvement activities and | 53614 |
| interventions for students in grades kindergarten through twelve. | 53615 |
| Section 206.09.18. EDUCATION MANAGEMENT INFORMATION SYSTEM | 53616 |
| The foregoing appropriation item 200-446, Education | 53617 |
| Management Information System, shall be used by the Department of | 53618 |
| Education to improve the Education Management Information System | 53619 |
| (EMIS). | 53620 |
| Of the foregoing appropriation item 200-446, Education | 53621 |
| Management Information System, up to $1,295,857 in each fiscal | 53622 |
| year shall be distributed to designated data acquisition sites for | 53623 |
| costs relating to processing, storing, and transferring data for | 53624 |
| the effective operation of the EMIS. These costs may include, but | 53625 |
| are not limited to, personnel, hardware, software development, | 53626 |
| communications connectivity, professional development, and support | 53627 |
| services, and to provide services to participate in the State | 53628 |
| Education Technology Plan pursuant to section 3301.07 of the | 53629 |
| Revised Code. | 53630 |
| Of the foregoing appropriation item 200-446, Education | 53631 |
| Management Information System, up to $8,055,189 in each fiscal | 53632 |
| year shall be distributed on a per-pupil basis to school | 53633 |
| districts, community schools established under Chapter 3314. of | 53634 |
| the Revised Code, education service centers, joint vocational | 53635 |
| school districts, and any other education entity that reports data | 53636 |
| through EMIS. From this funding, each school district or community | 53637 |
| school established under Chapter 3314. of the Revised Code with | 53638 |
| enrollment greater than 100 students and each vocational school | 53639 |
| district shall receive a minimum of $5,000 in each fiscal year. | 53640 |
| Each school district or community school established under Chapter | 53641 |
| 3314. of the Revised Code with enrollment between one and one | 53642 |
| hundred and each education service center and each county board of | 53643 |
| MR/DD that submits data through EMIS shall receive $3,000 in each | 53644 |
| fiscal year. This subsidy shall be used for costs relating to | 53645 |
| reporting, processing, storing, transferring, and exchanging data | 53646 |
| necessary to meet requirements of the Department of Education's | 53647 |
| data system. | 53648 |
| The remainder of appropriation item 200-446, Education | 53649 |
| Management Information System, shall be used to develop and | 53650 |
| support a common core of data definitions and standards as adopted | 53651 |
| by the Education Data Advisory Council, including the ongoing | 53652 |
| development and maintenance of the data dictionary and data | 53653 |
| warehouse. In addition, such funds shall be used to support the | 53654 |
| development and implementation of data standards and the design, | 53655 |
| development, and implementation of a new data exchange system. | 53656 |
| Any provider of software meeting the standards approved by | 53657 |
| the Education Data Advisory Council shall be designated as an | 53658 |
| approved vendor and may enter into contracts with local school | 53659 |
| districts, community schools, data acquisition centers, or other | 53660 |
| educational entities for the purpose of collecting and managing | 53661 |
| data required under Ohio's education management information system | 53662 |
| (EMIS) laws. On an annual basis, the Department of Education shall | 53663 |
| convene an advisory group of school districts, community schools, | 53664 |
| and other education-related entities to review the Education | 53665 |
| Management Information System data definitions and data format | 53666 |
| standards. The advisory group shall recommend changes and | 53667 |
| enhancements based upon surveys of its members, education agencies | 53668 |
| in other states, and current industry practices, to reflect best | 53669 |
| practices, align with federal initiatives, and meet the needs of | 53670 |
| school districts. | 53671 |
| School districts and community schools not implementing a | 53672 |
| common and uniform set of data definitions and data format | 53673 |
| standards for Education Management Information System purposes | 53674 |
| shall have all EMIS funding withheld until they are in compliance. | 53675 |
| GED TESTING | 53676 |
| The foregoing appropriation item 200-447, GED Testing, shall | 53677 |
| be used to provide General Educational Development (GED) testing | 53678 |
| at no cost to applicants, under rules adopted by the State Board | 53679 |
| of Education. The Department of Education shall reimburse school | 53680 |
| districts and community schools, created under Chapter 3314. of | 53681 |
| the Revised Code, for a portion of the costs incurred in providing | 53682 |
| summer instructional or intervention services to students who have | 53683 |
| not graduated because of their inability to pass one or more parts | 53684 |
| of the state's Ohio Graduation Test or ninth grade proficiency | 53685 |
| test. School districts shall also provide such services to | 53686 |
| students who are residents of the district under section 3313.64 | 53687 |
| of the Revised Code, but who are enrolled in chartered, nonpublic | 53688 |
| schools. The services shall be provided in the public school, in | 53689 |
| nonpublic schools, in public centers, or in mobile units located | 53690 |
| on or off the nonpublic school premises. No school district shall | 53691 |
| provide summer instructional or intervention services to nonpublic | 53692 |
| school students as authorized by this section unless such services | 53693 |
| are available to students attending the public schools within the | 53694 |
| district. No school district shall provide services for use in | 53695 |
| religious courses, devotional exercises, religious training, or | 53696 |
| any other religious activity. Chartered, nonpublic schools shall | 53697 |
| pay for any unreimbursed costs incurred by school districts for | 53698 |
| providing summer instruction or intervention services to students | 53699 |
| enrolled in chartered, nonpublic schools. School districts may | 53700 |
| provide these services to students directly or contract with | 53701 |
| postsecondary or nonprofit community-based institutions in | 53702 |
| providing instruction. | 53703 |
| EDUCATOR PREPARATION | 53704 |
| Of the foregoing appropriation item 200-448, Educator | 53705 |
| Preparation, $100,000 in each fiscal year shall be provided in | 53706 |
| conjunction with funding in the Board of Regents' budget under | 53707 |
| appropriation item 235-435, Teacher Improvement Initiatives, to | 53708 |
| the Teacher Quality Partnership project. The Teacher Quality | 53709 |
| Partnership is a research consortium of Ohio's fifty colleges and | 53710 |
| universities providing teacher preparation programs. Funds shall | 53711 |
| be used to support a comprehensive longitudinal study of the | 53712 |
| preparation, in-school support, and effectiveness of Ohio | 53713 |
| teachers. | 53714 |
| Of the foregoing appropriation item 200-448, Educator | 53715 |
| Preparation, up to $1,551,000 in each fiscal year shall be used by | 53716 |
| the Department to support the Educator Standards Board under | 53717 |
| section 3319.61 of the Revised Code as it develops and recommends | 53718 |
| to the State Board of Education standards for educator training | 53719 |
| and standards for teacher and other school leadership positions. | 53720 |
| TITLE IV-A HEAD START AND TITLE IV-A HEAD START PLUS START UP | 53721 |
| Funds appropriated for the purpose of providing start up | 53722 |
| grants to Title IV-A Head Start and Title IV-A Head Start Plus | 53723 |
| agencies in fiscal year 2004 and fiscal year 2005 for the | 53724 |
| provision of services to children eligible for Title IV-A services | 53725 |
| under the Title IV-A Head Start or Title IV-A Head Start Plus | 53726 |
| programs shall be reimbursed to the General Revenue Fund when the | 53727 |
| Title IV-A Head Start or Title IV-A Head Start Plus programs cease | 53728 |
| to exist in fiscal year 2006 or are no longer funded from Title | 53729 |
| IV-A. | 53730 |
| Within ninety days after the effective date of this section, | 53731 |
| the Title IV-A Head Start agencies, the Title IV-A Head Start Plus | 53732 |
| agencies, and the Department of Education shall determine the | 53733 |
| outstanding amount remaining to be repaid for the start up grants, | 53734 |
| and, within ten days thereafter, the Title IV-A Head Start | 53735 |
| agencies and the Title IV-A Head Start Plus agencies shall pay | 53736 |
| this amount to the Department of Education for reimbursement to | 53737 |
| the General Revenue Fund. The Department of Education shall refer | 53738 |
| any amounts remaining due and payable to the state after that date | 53739 |
| to the Attorney General for collection under section 131.02 of the | 53740 |
| Revised Code. | 53741 |
| COMMUNITY SCHOOLS | 53742 |
| Of the foregoing appropriation item 200-455, Community | 53743 |
| Schools, up to $1,308,661 in each fiscal year may be used by the | 53744 |
| Department of Education for additional services and | 53745 |
| responsibilities under section 3314.11 of the Revised Code. | 53746 |
| Of the foregoing appropriation item 200-455, Community | 53747 |
| Schools, up to $225,000 in each fiscal year may be used by the | 53748 |
| Department of Education for developing and conducting training | 53749 |
| sessions for sponsors and prospective sponsors of community | 53750 |
| schools as prescribed in division (A)(1) of section 3314.015 of | 53751 |
| the Revised Code. In developing the training sessions, the | 53752 |
| Department shall collect and disseminate examples of best | 53753 |
| practices used by sponsors of independent charter schools in Ohio | 53754 |
| and other states. | 53755 |
| The remaining appropriation may be used by the Department of | 53756 |
| Education to make grants of up to $50,000 to each proposing group | 53757 |
| with a preliminary agreement obtained under division (C)(2) of | 53758 |
| section 3314.02 of the Revised Code in order to defray planning | 53759 |
| and initial start-up costs. In the first year of operation of a | 53760 |
| community school, the Department of Education may make a grant of | 53761 |
| not more than $100,000 to the governing authority of the school to | 53762 |
| partially defray additional start-up costs. The amount of the | 53763 |
| grant shall be based on a thorough examination of the needs of the | 53764 |
| community school. The Department of Education shall not utilize | 53765 |
| moneys received under this section for any other purpose other | 53766 |
| than those specified under this section. | 53767 |
| A community school awarded start-up grants from appropriation | 53768 |
| item 200-613, Public Charter Schools (Fund 3T4), shall not be | 53769 |
| eligible for grants under this section. | 53770 |
| Section 206.09.21. PUPIL TRANSPORTATION | 53771 |
| Of the foregoing appropriation item 200-502, Pupil | 53772 |
| Transportation, up to $822,400 in each fiscal year may be used by | 53773 |
| the Department of Education for training prospective and | 53774 |
| experienced school bus drivers in accordance with training | 53775 |
| programs prescribed by the Department. Up to $58,115,428 in fiscal | 53776 |
| year 2006 and up to $59,277,737 in fiscal year 2007 may be used by | 53777 |
| the Department of Education for special education transportation | 53778 |
| reimbursements to school districts and county MR/DD boards for | 53779 |
| transportation operating costs as provided in division (M) of | 53780 |
| section 3317.024 of the Revised Code. The remainder of | 53781 |
| appropriation item 200-502, Pupil Transportation, shall be used | 53782 |
| for the state reimbursement of public school districts' costs in | 53783 |
| transporting pupils to and from the school they attend in | 53784 |
| accordance with the district's policy, State Board of Education | 53785 |
| standards, and the Revised Code. | 53786 |
| Notwithstanding the distribution formula outlined in division | 53787 |
| (D) of section 3317.022 of the Revised Code, each school district | 53788 |
| shall receive an additional two per cent in state funding for | 53789 |
| transportation in fiscal year 2006 over what was received in | 53790 |
| fiscal year 2005. | 53791 |
| Notwithstanding the distribution formula outlined in division | 53792 |
| (D) of section 3317.022 of the Revised Code, each school district | 53793 |
| shall receive an additional two per cent in state funding for | 53794 |
| transportation in fiscal year 2007 over what was received in | 53795 |
| fiscal year 2006. | 53796 |
| In each fiscal year, the local share of transportation costs | 53797 |
| that is used in the calculation of the charge-off supplement and | 53798 |
| excess cost supplement shall continue to be calculated in | 53799 |
| accordance with the distribution formula outlined in division (D) | 53800 |
| of section 3317.022 of the Revised Code. | 53801 |
| The Department of Education shall recommend a new formula for | 53802 |
| allocating state funds for transportation costs. The Department | 53803 |
| shall submit the recommendation to the Director of Budget and | 53804 |
| Management, the Speaker of the House of Representatives, and the | 53805 |
| President of the Senate not later than July 1, 2006. | 53806 |
| School districts not receiving state funding for | 53807 |
| transportation in fiscal year 2005 under division (D) of section | 53808 |
| 3317.022 of the Revised Code shall not receive state funding for | 53809 |
| transportation in fiscal year 2006 or fiscal year 2007. | 53810 |
| BUS PURCHASE ALLOWANCE | 53811 |
| The foregoing appropriation item 200-503, Bus Purchase | 53812 |
| Allowance, shall be distributed to school districts, educational | 53813 |
| service centers, and county MR/DD boards pursuant to rules adopted | 53814 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 53815 |
| the amount appropriated may be used to reimburse school districts | 53816 |
| and educational service centers for the purchase of buses to | 53817 |
| transport handicapped and nonpublic school students and to county | 53818 |
| MR/DD boards, the Ohio School for the Deaf, and the Ohio School | 53819 |
| for the Blind for the purchase of buses to transport handicapped | 53820 |
| students. | 53821 |
| SCHOOL LUNCH MATCH | 53822 |
| The foregoing appropriation item 200-505, School Lunch Match, | 53823 |
| shall be used to provide matching funds to obtain federal funds | 53824 |
| for the school lunch program. | 53825 |
| Section 206.09.24. ADULT LITERACY EDUCATION | 53826 |
| The foregoing appropriation item 200-509, Adult Literacy | 53827 |
| Education, shall be used to support adult basic and literacy | 53828 |
| education instructional programs and the State Literacy Resource | 53829 |
| Center Program. | 53830 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 53831 |
| Education, up to $488,037 in each fiscal year shall be used for | 53832 |
| the support and operation of the State Literacy Resource Center. | 53833 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 53834 |
| Education, up to $175,000 in each fiscal year shall be used for | 53835 |
| state reimbursement to school districts for adult high school | 53836 |
| continuing education programs under section 3313.531 of the | 53837 |
| Revised Code or for costs associated with awarding adult high | 53838 |
| school diplomas under section 3313.611 of the Revised Code. | 53839 |
| The remainder of the appropriation shall be used to continue | 53840 |
| to satisfy the state match and maintenance of effort requirements | 53841 |
| for the support and operation of the Department of | 53842 |
| Education-administered instructional grant program for adult basic | 53843 |
| and literacy education in accordance with the Department's state | 53844 |
| plan for adult basic and literacy education as approved by the | 53845 |
| State Board of Education and the Secretary of the United States | 53846 |
| Department of Education. | 53847 |
| AUXILIARY SERVICES | 53848 |
| The foregoing appropriation item 200-511, Auxiliary Services, | 53849 |
| shall be used by the Department of Education for the purpose of | 53850 |
| implementing section 3317.06 of the Revised Code. Of the | 53851 |
| appropriation, up to $2,000,000 in each fiscal year may be used | 53852 |
| for payment of the Post-Secondary Enrollment Options Program for | 53853 |
| nonpublic students under section 3365.10 of the Revised Code. | 53854 |
| POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION | 53855 |
| The foregoing appropriation item 200-514, Postsecondary Adult | 53856 |
| Career-Technical Education, shall be used by the State Board of | 53857 |
| Education to provide postsecondary adult career-technical | 53858 |
| education under sections 3313.52 and 3313.53 of the Revised Code. | 53859 |
| Section 206.09.27. GIFTED PUPIL PROGRAM | 53860 |
| The foregoing appropriation item 200-521, Gifted Pupil | 53861 |
| Program, shall be used for gifted education units not to exceed | 53862 |
| 1,110 in each fiscal year under division (P) of section 3317.024 | 53863 |
| and division (F) of section 3317.05 of the Revised Code. | 53864 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 53865 |
| Program, up to $4,700,000 in each fiscal year may be used as an | 53866 |
| additional supplement for identifying gifted students under | 53867 |
| Chapter 3324. of the Revised Code. | 53868 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 53869 |
| Program, the Department of Education may expend up to $940,000 in | 53870 |
| each fiscal year for the Summer Honors Institute for gifted | 53871 |
| freshman and sophomore high school students. Up to $564,000 in | 53872 |
| each fiscal year shall be used for research and demonstration | 53873 |
| initiatives. Up to $65,800 in each fiscal year shall be used for | 53874 |
| the Ohio Summer School for the Gifted (Martin Essex Program). | 53875 |
| OHIO CHOICE SCHOLARSHIPS | 53876 |
| The foregoing appropriation item 200-530, Ohio Choice | 53877 |
| Scholarships, shall be used in fiscal year 2007 to fund Ohio | 53878 |
| choice scholarships under sections 3310.01 to 3310.09 of the | 53879 |
| Revised Code. | 53880 |
| NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 53881 |
| The foregoing appropriation item 200-532, Nonpublic | 53882 |
| Administrative Cost Reimbursement, shall be used by the Department | 53883 |
| of Education for the purpose of implementing section 3317.063 of | 53884 |
| the Revised Code. | 53885 |
| Section 206.09.30. SPECIAL EDUCATION ENHANCEMENTS | 53886 |
| Of the foregoing appropriation item 200-540, Special | 53887 |
| Education Enhancements, up to $46,857,775 in fiscal year 2006 and | 53888 |
| up to $47,326,353 in fiscal year 2007 shall be used to fund | 53889 |
| special education and related services at county boards of mental | 53890 |
| retardation and developmental disabilities for eligible students | 53891 |
| under section 3317.20 of the Revised Code and at institutions for | 53892 |
| eligible students under section 3317.201 of the Revised Code. | 53893 |
| Of the foregoing appropriation item 200-540, Special | 53894 |
| Education Enhancements, up to $2,906,875 in each fiscal year shall | 53895 |
| be used for home instruction for children with disabilities; up to | 53896 |
| $1,462,500 in each fiscal year shall be used for parent mentoring | 53897 |
| programs; and up to $2,783,396 in each fiscal year may be used for | 53898 |
| school psychology interns. | 53899 |
| Of the foregoing appropriation item 200-540, Special | 53900 |
| Education Enhancements, up to $79,194,060 in fiscal year 2006 and | 53901 |
| up to $79,986,001 in fiscal year 2007 shall be distributed by the | 53902 |
| Department of Education to county boards of mental retardation and | 53903 |
| developmental disabilities, educational service centers, and | 53904 |
| school districts for preschool special education units and | 53905 |
| preschool supervisory units under section 3317.052 of the Revised | 53906 |
| Code. The Department may reimburse county boards of mental | 53907 |
| retardation and developmental disabilities, educational service | 53908 |
| centers, and school districts for related services as defined in | 53909 |
| rule 3301-51-11 of the Administrative Code, for preschool | 53910 |
| occupational and physical therapy services provided by a physical | 53911 |
| therapy assistant and certified occupational therapy assistant, | 53912 |
| and for an instructional assistant. To the greatest extent | 53913 |
| possible, the Department of Education shall allocate these units | 53914 |
| to school districts and educational service centers. | 53915 |
| The Department of Education shall require school districts, | 53916 |
| educational service centers, and county MR/DD boards serving | 53917 |
| preschool children with disabilities to document child progress | 53918 |
| using research-based indicators prescribed by the Department and | 53919 |
| report results annually. The reporting dates and method shall be | 53920 |
| determined by the Department. | 53921 |
| Section 206.09.33. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 53922 |
| Of the foregoing appropriation item 200-545, Career-Technical | 53923 |
| Education Enhancements, up to $2,436,070 in each fiscal year shall | 53924 |
| be used to fund career-technical education units at institutions. | 53925 |
| Of the foregoing appropriation item 200-545, Career-Technical | 53926 |
| Education Enhancements, up to $2,621,507 in each fiscal year shall | 53927 |
| be used by the Department of Education to fund competitive grants | 53928 |
| to tech prep consortia that expand the number of students enrolled | 53929 |
| in tech prep programs. These grant funds shall be used to directly | 53930 |
| support expanded tech prep programs, including equipment, provided | 53931 |
| to students enrolled in school districts, including joint | 53932 |
| vocational school districts, and affiliated higher education | 53933 |
| institutions. | 53934 |
| Of the foregoing appropriation item 200-545, Career-Technical | 53935 |
| Education Enhancements, $943,873 in fiscal year 2006 shall be used | 53936 |
| to provide an amount to each eligible school district for the | 53937 |
| replacement or updating of equipment essential for the instruction | 53938 |
| of students in job skills taught as part of a career-technical | 53939 |
| program or programs approved for such instruction by the State | 53940 |
| Board of Education. School districts replacing or updating | 53941 |
| career-technical education equipment may purchase or lease such | 53942 |
| equipment. The Department of Education shall review and approve | 53943 |
| all equipment requests and may allot appropriated funds to | 53944 |
| eligible school districts on the basis of the number of full-time | 53945 |
| equivalent workforce development teachers in all eligible | 53946 |
| districts making application for funds. | 53947 |
| The State Board of Education may adopt standards of need for | 53948 |
| equipment allocation. Pursuant to the adoption of any such | 53949 |
| standards of need by the State Board of Education, appropriated | 53950 |
| funds may be allotted to eligible districts according to such | 53951 |
| standards. Equipment funds allotted under either process shall be | 53952 |
| provided to a school district at 30, 40, or 50 per cent of cost on | 53953 |
| the basis of a rating developed by the Department of Education | 53954 |
| using the state share percentage as provided in division (B)(2) of | 53955 |
| section 3317.022 of the Revised Code. | 53956 |
| Of the foregoing appropriation item 200-545, Career-Technical | 53957 |
| Education Enhancements, up to $3,431,000 in each fiscal year shall | 53958 |
| be used by the Department of Education to support existing High | 53959 |
| Schools That Work (HSTW) sites, develop and support new sites, | 53960 |
| fund technical assistance, and support regional centers and middle | 53961 |
| school programs. The purpose of HSTW is to combine challenging | 53962 |
| academic courses and modern career-technical studies to raise the | 53963 |
| academic achievement of students. HSTW provides intensive | 53964 |
| technical assistance, focused staff development, targeted | 53965 |
| assessment services, and ongoing communications and networking | 53966 |
| opportunities. | 53967 |
| Of the foregoing appropriation item 200-545, Career-Technical | 53968 |
| Education Enhancements, up to $466,992 in each fiscal year shall | 53969 |
| be allocated for the Ohio Career Information System (OCIS) and | 53970 |
| used for the dissemination of career information data to public | 53971 |
| schools, libraries, rehabilitation centers, two- and four-year | 53972 |
| colleges and universities, and other governmental units. | 53973 |
| Of the foregoing appropriation item 200-545, Career-Technical | 53974 |
| Educational Enhancements, up to $270,000 in each fiscal year shall | 53975 |
| be used by the Department of Education to enable students in | 53976 |
| agricultural programs to enroll in a fifth quarter of instruction | 53977 |
| based on the agricultural education model of delivering work-based | 53978 |
| learning through supervised agricultural experience. The | 53979 |
| Department of Education shall determine eligibility criteria and | 53980 |
| the reporting process for the Agriculture 5th Quarter Project and | 53981 |
| shall fund as many programs as possible given the $270,000 set | 53982 |
| aside. | 53983 |
| Section 206.09.36. FOUNDATION FUNDING | 53984 |
| The foregoing appropriation item 200-550, Foundation Funding, | 53985 |
| includes $85,000,000 in each fiscal year for the state education | 53986 |
| aid offset due to the change in public utility valuation as a | 53987 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 53988 |
| General Assembly. This amount represents the total state education | 53989 |
| aid offset due to the valuation change for school districts and | 53990 |
| joint vocational school districts from all relevant appropriation | 53991 |
| line item sources. Upon certification by the Department of | 53992 |
| Education, in consultation with the Department of Taxation, to the | 53993 |
| Director of Budget and Management of the actual state aid offset, | 53994 |
| the cash transfer from fund 053, appropriation item 200-900, | 53995 |
| School District Property Tax Replacement - Utility, shall be | 53996 |
| decreased or increased by the Director of Budget and Management to | 53997 |
| match the certification in accordance with section 5727.84 of the | 53998 |
| Revised Code. | 53999 |
| Of the foregoing appropriation item 200-550, Foundation | 54000 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 54001 |
| court payments under section 2151.357 of the Revised Code; an | 54002 |
| amount shall be available in each fiscal year for the cost of | 54003 |
| reappraisal guarantee under section 3317.04 of the Revised Code; | 54004 |
| an amount shall be available in each fiscal year to fund up to 225 | 54005 |
| full-time equivalent approved GRADS teacher grants under division | 54006 |
| (R) of section 3317.024 of the Revised Code; an amount shall be | 54007 |
| available in each fiscal year to make payments to school districts | 54008 |
| under division (A)(2) of section 3317.022 of the Revised Code; an | 54009 |
| amount shall be available in each fiscal year to make payments to | 54010 |
| school districts under division (F) of section 3317.022 of the | 54011 |
| Revised Code; an amount shall be available in each fiscal year to | 54012 |
| make payments to school districts under division (C) of section | 54013 |
| 3317.0212 of the Revised Code; and up to $30,000,000 in each | 54014 |
| fiscal year shall be reserved for payments under sections | 54015 |
| 3317.026, 3317.027, and 3317.028 of the Revised Code except that | 54016 |
| the Controlling Board may increase the $30,000,000 amount if | 54017 |
| presented with such a request from the Department of Education. Of | 54018 |
| the foregoing appropriation item 200-550, Foundation Funding, up | 54019 |
| to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal | 54020 |
| year 2007 shall be used to provide additional state aid to school | 54021 |
| districts for special education students under division (C)(3) of | 54022 |
| section 3317.022 of the Revised Code; up to $2,000,000 in each | 54023 |
| fiscal year shall be reserved for Youth Services tuition payments | 54024 |
| under section 3317.024 of the Revised Code; and up to $52,000,000 | 54025 |
| in each fiscal year shall be reserved to fund the state | 54026 |
| reimbursement of educational service centers under section 3317.11 | 54027 |
| of the Revised Code and the section of this act entitled | 54028 |
| "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be | 54029 |
| available for special education weighted funding under division | 54030 |
| (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 | 54031 |
| of the Revised Code. | 54032 |
| Of the foregoing appropriation item 200-550, Foundation | 54033 |
| Funding, an amount shall be available in each fiscal year to be | 54034 |
| used by the Department of Education for transitional aid for | 54035 |
| school districts and joint vocational school districts. Funds | 54036 |
| shall be distributed under the sections of this act entitled | 54037 |
| "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL | 54038 |
| DISTRICTS" AND "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL | 54039 |
| DISTRICTS." | 54040 |
| Of the foregoing appropriation item 200-550, Foundation | 54041 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 54042 |
| Department of Education for a program to pay for educational | 54043 |
| services for youth who have been assigned by a juvenile court or | 54044 |
| other authorized agency to any of the facilities described in | 54045 |
| division (A) of the section titled "Private Treatment Facility | 54046 |
| Project." | 54047 |
| Of the foregoing appropriation item 200-550, Foundation | 54048 |
| Funding, up to $3,700,000 in each fiscal year shall be used for | 54049 |
| school breakfast programs. Of this amount, up to $900,000 shall be | 54050 |
| used in each fiscal year by the Department of Education for the | 54051 |
| purpose of increasing participation in child nutrition programs, | 54052 |
| particularly school breakfast and summer meals. The Department | 54053 |
| shall collaborate with the Children's Hunger Alliance in the | 54054 |
| outreach effort. The remainder of the appropriation shall be used | 54055 |
| to partially reimburse school buildings within school districts | 54056 |
| that are required to have a school breakfast program under section | 54057 |
| 3313.813 of the Revised Code, at a rate decided by the Department. | 54058 |
| Of the foregoing appropriation item 200-550, Foundation | 54059 |
| Funding, up to $7,300,000 in fiscal year 2006 and up to $8,600,000 | 54060 |
| in fiscal year 2007 shall be used to operate the school choice | 54061 |
| program in the Cleveland Municipal School District under sections | 54062 |
| 3313.974 to 3313.979 of the Revised Code. | 54063 |
| Of the portion of the funds distributed to the Cleveland | 54064 |
| Municipal School District under this section, up to $11,901,887 in | 54065 |
| each fiscal year shall be used to operate the school choice | 54066 |
| program in the Cleveland Municipal School District under sections | 54067 |
| 3313.974 to 3313.979 of the Revised Code. | 54068 |
| The remaining portion of appropriation item 200-550, | 54069 |
| Foundation Funding, shall be expended for the public schools of | 54070 |
| city, local, exempted village, and joint vocational school | 54071 |
| districts, including base cost funding, special education speech | 54072 |
| service enhancement funding, career-technical education weight | 54073 |
| funding, career-technical education associated service funding, | 54074 |
| guarantee funding, teacher training and experience funding, | 54075 |
| poverty-based assistance, party aid, charge-off supplement, and | 54076 |
| excess cost supplement under sections 3317.022, 3317.023, | 54077 |
| 3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the | 54078 |
| Revised Code. | 54079 |
| Appropriation items 200-502, Pupil Transportation, 200-521, | 54080 |
| Gifted Pupil Program, 200-540, Special Education Enhancements, and | 54081 |
| 200-550, Foundation Funding, other than specific set-asides, are | 54082 |
| collectively used in each fiscal year to pay state formula aid | 54083 |
| obligations for school districts and joint vocational school | 54084 |
| districts under Chapter 3317. of the Revised Code. The first | 54085 |
| priority of these appropriation items, with the exception of | 54086 |
| specific set-asides, is to fund state formula aid obligations | 54087 |
| under Chapter 3317. of the Revised Code. It may be necessary to | 54088 |
| reallocate funds among these appropriation items or use excess | 54089 |
| funds from other general revenue fund appropriation items in the | 54090 |
| Department of Education's budget in each fiscal year, in order to | 54091 |
| meet state formula aid obligations. If it is determined that it is | 54092 |
| necessary to transfer funds among these appropriation items to | 54093 |
| meet state formula aid obligations, the Department of Education | 54094 |
| shall seek approval from the Controlling Board to transfer funds | 54095 |
| among these appropriation items. | 54096 |
| Section 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND | 54097 |
| EXEMPTED VILLAGE SCHOOL DISTRICTS | 54098 |
| (A) The Department of Education shall distribute funds within | 54099 |
| appropriation item 200-550, Foundation Funding, for transitional | 54100 |
| aid in each fiscal year to each qualifying city, local, and | 54101 |
| exempted village school district. | 54102 |
| (1) In fiscal year 2006, the Department shall pay | 54103 |
| transitional aid to each city, local, or exempted village school | 54104 |
| district that experiences any decrease in its fiscal year 2006 | 54105 |
| SF-3 funding plus charge-off supplement from its fiscal year 2005 | 54106 |
| SF-3 funding plus charge-off supplement. The amount of the | 54107 |
| transitional aid payment shall equal the difference between the | 54108 |
| district's fiscal year 2006 SF-3 funding plus charge-off | 54109 |
| supplement and its fiscal year 2005 SF-3 funding plus charge-off | 54110 |
| supplement. | 54111 |
| (2) In fiscal year 2007, the Department shall pay | 54112 |
| transitional aid to each city, local, and exempted village school | 54113 |
| district that experiences a decrease in its fiscal year 2007 SF-3 | 54114 |
| funding plus charge-off supplement exceeding 2% of its fiscal year | 54115 |
| 2006 SF-3 funding plus charge-off supplement. The Department shall | 54116 |
| distribute to each such district transitional aid in an amount to | 54117 |
| reduce the decrease to 2% of the district's fiscal year 2006 SF-3 | 54118 |
| funding plus charge-off supplement. | 54119 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, | 54120 |
| the "SF-3 funding plus charge-off supplement" for each city, | 54121 |
| local, and exempted village school district in fiscal years 2006 | 54122 |
| and 2007 equals the sum of the following: | 54123 |
| (a) Base-cost funding under division (A) of section 3317.022 | 54124 |
| of the Revised Code; | 54125 |
| (b) Special education and related services additional | 54126 |
| weighted funding under division (C)(1) of section 3317.022 of the | 54127 |
| Revised Code; | 54128 |
| (c) Speech services funding under division (C)(4) of section | 54129 |
| 3317.022 of the Revised Code; | 54130 |
| (d) Vocational education additional weighted funding under | 54131 |
| division (E) of section 3317.022 of the Revised Code; | 54132 |
| (e) GRADS funding under division (R) of section 3317.024 of | 54133 |
| the Revised Code; | 54134 |
| (f) Adjustments for classroom teachers and educational | 54135 |
| service personnel under divisions (B), (C), and (D) of section | 54136 |
| 3317.023 of the Revised Code; | 54137 |
| (g) Poverty-Based Assistance under section 3317.029 of the | 54138 |
| Revised Code; | 54139 |
| (h) Gifted education units under section 3317.05 of the | 54140 |
| Revised Code; | 54141 |
| (i) Transportation under the section of this act entitled | 54142 |
| "PUPIL TRANSPORTATION"; | 54143 |
| (j) The state aid guarantee under section 3317.0212 of the | 54144 |
| Revised Code; | 54145 |
| (k) The excess cost supplement under division (F) of section | 54146 |
| 3317.022 of the Revised Code; | 54147 |
| (l) Parity aid under section 3317.0217 of the Revised Code; | 54148 |
| (m) The reappraisal guarantee under division (C) of section | 54149 |
| 3317.04 of the Revised Code; | 54150 |
| (n) The charge-off supplement under section 3317.0216 of the | 54151 |
| Revised Code. | 54152 |
| (2) For purposes of calculating transitional aid in fiscal | 54153 |
| year 2006, a district's fiscal year 2005 SF-3 funding plus | 54154 |
| charge-off supplement is the sum of the amounts described in | 54155 |
| divisions (A) to (O) of Section 41.37 of Am. Sub. H.B. 95 of the | 54156 |
| 125th General Assembly, as amended, plus any transitional aid paid | 54157 |
| to the district under that section, that the district actually | 54158 |
| received in fiscal year 2005. For purposes of calculating | 54159 |
| transitional aid in fiscal year 2007, a district's fiscal year | 54160 |
| 2006 SF-3 funding plus charge-off supplement is the sum of the | 54161 |
| amounts described in divisions (B)(1)(a) to (n) of this section, | 54162 |
| plus any transitional aid paid to the district under this section, | 54163 |
| that the district actually received in fiscal year 2006. | 54164 |
| (3) The SF-3 funding plus charge-off supplement in each | 54165 |
| fiscal year for each district is the sum of the amounts specified | 54166 |
| in divisions (B)(1)(a) to (n) and (B)(2) of this section less any | 54167 |
| general revenue fund spending reductions ordered by the Governor | 54168 |
| under section 126.05 of the Revised Code. | 54169 |
| (C)(1) When calculating the reappraisal guarantee under | 54170 |
| division (C) or (D) of section 3317.04 of the Revised Code in | 54171 |
| fiscal year 2006, the Department shall include in a school | 54172 |
| district's fiscal year 2005 payments any transitional aid paid to | 54173 |
| the district in fiscal year 2005 under Section 41.37 of Am. Sub. | 54174 |
| H.B. 95 of the 125th General Assembly, as amended. | 54175 |
| (2) When calculating the reappraisal guarantee under division | 54176 |
| (C) or (D) of section 3317.04 of the Revised Code in fiscal year | 54177 |
| 2007, the Department shall include in a school district's fiscal | 54178 |
| year 2006 payments any transitional aid paid to the district in | 54179 |
| fiscal year 2006 under this section. | 54180 |
| (3) When calculating the reappraisal guarantee under division | 54181 |
| (C) or (D) of section 3317.04 of the Revised Code in fiscal year | 54182 |
| 2008, the Department shall include in a school district's fiscal | 54183 |
| year 2007 payments any transitional aid paid to the district in | 54184 |
| fiscal year 2007 under this section. | 54185 |
| Section 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL | 54186 |
| SCHOOL DISTRICTS | 54187 |
| (A) The Department of Education shall distribute funds within | 54188 |
| appropriation item 200-550, Foundation Funding, for transitional | 54189 |
| aid in each fiscal year to each joint vocational school district | 54190 |
| that experiences a decrease in its joint vocational funding for | 54191 |
| the current fiscal year exceeding 5% of its joint vocational | 54192 |
| funding from the previous fiscal year. The Department shall | 54193 |
| distribute to each such district transitional aid in an amount to | 54194 |
| reduce the decrease to 5% of the district's joint vocational | 54195 |
| funding from the previous fiscal year. | 54196 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, a | 54197 |
| district's joint vocational funding equals the sum of the | 54198 |
| following: | 54199 |
| (a) Base-cost funding under division (B) of section 3317.16 | 54200 |
| of the Revised Code; | 54201 |
| (b) Special education and related services additional | 54202 |
| weighted funding under division (D)(1) of section 3317.16 of the | 54203 |
| Revised Code; | 54204 |
| (c) Speech services funding under division (D)(2) of section | 54205 |
| 3317.16 of the Revised Code; | 54206 |
| (d) Vocational education additional weighted funding under | 54207 |
| division (C) of section 3317.16 of the Revised Code; | 54208 |
| (e) GRADS funding under division (R) of section 3317.024 of | 54209 |
| the Revised Code; | 54210 |
| (f) The state aid guarantee under division (H) of section | 54211 |
| 3317.16 of the Revised Code. | 54212 |
| (2) For purposes of calculating transitional aid in fiscal | 54213 |
| year 2007, a district's fiscal year 2006 joint vocational funding | 54214 |
| is the sum of the amounts described in divisions (B)(1)(a) to (f) | 54215 |
| of this section, plus any transitional aid paid to the district | 54216 |
| under this section, that the district actually received in fiscal | 54217 |
| year 2006. | 54218 |
| (3) The joint vocational funding in each fiscal year for each | 54219 |
| district is the sum of the amounts specified in divisions | 54220 |
| (B)(1)(a) to (f) and (B)(2) of this section less any general | 54221 |
| revenue fund spending reductions ordered by the Governor under | 54222 |
| section 126.05 of the Revised Code. | 54223 |
| The Department of Education shall review district spending | 54224 |
| requirements as specified in section 3317.029 of the Revised Code | 54225 |
| and shall submit a report recommending modifications by July 1, | 54226 |
| 2006. Copies of the report shall be provided to the Director of | 54227 |
| Budget and Management, the Speaker of the House of | 54228 |
| Representatives, and the President of the Senate. The | 54229 |
| recommendations shall include decreasing degrees of flexibility of | 54230 |
| spending for districts not meeting adequate progress standards as | 54231 |
| defined by the Department of Education. Recommendations shall also | 54232 |
| specifically review the definition of class size reduction in | 54233 |
| division (F)(3) of section 3317.029 of the Revised Code. The | 54234 |
| reports submitted by school districts under the section of this | 54235 |
| act entitled "INTERVENTION FUNDING" shall be used to inform these | 54236 |
| recommendations. | 54237 |
| EMERGENCY LOAN INTEREST SUBSIDY | 54238 |
| The foregoing appropriation item 200-558, Emergency Loan | 54239 |
| Interest Subsidy, shall be used to provide a subsidy to school | 54240 |
| districts receiving emergency school loans pursuant to section | 54241 |
| 3313.484 of the Revised Code. The subsidy shall be used to pay | 54242 |
| these districts the difference between the amount of interest the | 54243 |
| district is paying on an emergency loan, and the interest that the | 54244 |
| district would have paid if the interest rate on the loan had been | 54245 |
| two per cent. | 54246 |
| Section 206.09.45. READING/WRITING IMPROVEMENT-CLASSROOM | 54247 |
| GRANTS | 54248 |
| The foregoing appropriation item 200-566, Reading/Writing | 54249 |
| Improvement-Classroom Grants, shall be disbursed by the Department | 54250 |
| of Education to provide reading improvement grants to public | 54251 |
| schools in city, local, and exempted village school districts; | 54252 |
| community schools; and educational service centers serving | 54253 |
| kindergarten through twelfth grade students to help struggling | 54254 |
| students improve their reading skills, improve reading outcomes in | 54255 |
| low-performing schools, and help close achievement gaps. | 54256 |
| SAFE AND SUPPORTIVE SCHOOLS | 54257 |
| Of the foregoing appropriation item 200-578, Safe and | 54258 |
| Supportive Schools, up to $224,250 in each fiscal year shall be | 54259 |
| used to fund a safe school center to provide resources for parents | 54260 |
| and for school and law enforcement personnel. | 54261 |
| The remainder of the appropriation shall be distributed based | 54262 |
| on guidelines developed by the Department of Education to enhance | 54263 |
| school safety. The guidelines shall provide a list of | 54264 |
| research-based best practices and programs from which local | 54265 |
| grantees shall select based on local needs. These practices shall | 54266 |
| include, but not be limited to, school resource officers and safe | 54267 |
| and drug free school coordinators and social-emotional development | 54268 |
| programs. | 54269 |
| Section 206.09.48. PROPERTY TAX ALLOCATION - EDUCATION | 54270 |
| The Superintendent of Public Instruction shall not request, | 54271 |
| and the Controlling Board shall not approve, the transfer of funds | 54272 |
| from appropriation item 200-901, Property Tax Allocation - | 54273 |
| Education, to any other appropriation item. | 54274 |
| The appropriation item 200-901, Property Tax Allocation - | 54275 |
| Education, is appropriated to pay for the state's costs incurred | 54276 |
| because of the homestead exemption and the property tax rollback. | 54277 |
| In cooperation with the Department of Taxation, the Department of | 54278 |
| Education shall distribute these funds directly to the appropriate | 54279 |
| school districts of the state, notwithstanding sections 321.24 and | 54280 |
| 323.156 of the Revised Code, which provide for payment of the | 54281 |
| homestead exemption and property tax rollback by the Tax | 54282 |
| Commissioner to the appropriate county treasurer and the | 54283 |
| subsequent redistribution of these funds to the appropriate local | 54284 |
| taxing districts by the county auditor. | 54285 |
| Appropriation item 200-906, Tangible Tax Exemption - | 54286 |
| Education, is appropriated to pay for the state's costs incurred | 54287 |
| because of the tangible personal property tax exemption required | 54288 |
| by division (C)(3) of section 5709.01 of the Revised Code. In | 54289 |
| cooperation with the Department of Taxation, the Department of | 54290 |
| Education shall distribute to each county treasurer the total | 54291 |
| amount appearing in the notification from the county treasurer | 54292 |
| under division (G) of section 321.24 of the Revised Code, for all | 54293 |
| school districts located in the county, notwithstanding section | 54294 |
| 321.24 of the Revised Code insofar as it provides for payment of | 54295 |
| the $10,000 tangible personal property tax exemption by the Tax | 54296 |
| Commissioner to the appropriate county treasurer for all local | 54297 |
| taxing districts located in the county. Pursuant to division (G) | 54298 |
| of section 321.24 of the Revised Code, the county auditor shall | 54299 |
| distribute the amount paid by the Department of Education among | 54300 |
| the appropriate school districts. | 54301 |
| Upon receipt of these amounts, each school district shall | 54302 |
| distribute the amount among the proper funds as if it had been | 54303 |
| paid as real or tangible personal property taxes. Payments for the | 54304 |
| costs of administration shall continue to be paid to the county | 54305 |
| treasurer and county auditor as provided for in sections 319.54, | 54306 |
| 321.26, and 323.156 of the Revised Code. | 54307 |
| Any sums, in addition to the amounts specifically | 54308 |
| appropriated in appropriation items 200-901, Property Tax | 54309 |
| Allocation - Education, for the homestead exemption and the | 54310 |
| property tax rollback payments, and 200-906, Tangible Tax | 54311 |
| Exemption - Education, for the $10,000 tangible personal property | 54312 |
| tax exemption payments, which are determined to be necessary for | 54313 |
| these purposes, are hereby appropriated. | 54314 |
| Section 206.09.51. TEACHER CERTIFICATION AND LICENSURE | 54315 |
| The foregoing appropriation item 200-681, Teacher | 54316 |
| Certification and Licensure, shall be used by the Department of | 54317 |
| Education in each year of the biennium to administer and support | 54318 |
| teacher certification and licensure activities. | 54319 |
| SCHOOL DISTRICT SOLVENCY ASSISTANCE | 54320 |
| Of the foregoing appropriation item 200-687, School District | 54321 |
| Solvency Assistance, $9,000,000 in each fiscal year shall be | 54322 |
| allocated to the School District Shared Resource Account and | 54323 |
| $9,000,000 in each fiscal year shall be allocated to the | 54324 |
| Catastrophic Expenditures Account. These funds shall be used to | 54325 |
| provide assistance and grants to school districts to enable them | 54326 |
| to remain solvent under section 3316.20 of the Revised Code. | 54327 |
| Assistance and grants shall be subject to approval by the | 54328 |
| Controlling Board. Any required reimbursements from school | 54329 |
| districts for solvency assistance shall be made to the appropriate | 54330 |
| account in the School District Solvency Assistance Fund (Fund | 54331 |
| 5H3). | 54332 |
| Notwithstanding any provision of law to the contrary, upon | 54333 |
| the request of the Superintendent of Public Instruction, the | 54334 |
| Director of Budget and Management may make transfers to the School | 54335 |
| District Solvency Assistance Fund (Fund 5H3) from any Department | 54336 |
| of Education-administered fund or the General Revenue Fund to | 54337 |
| maintain sufficient cash balances in the School District Solvency | 54338 |
| Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007. Any | 54339 |
| funds transferred are hereby appropriated. The transferred funds | 54340 |
| may be used by the Department of Education to provide assistance | 54341 |
| and grants to school districts to enable them to remain solvent | 54342 |
| and to pay unforeseeable expenses of a temporary or emergency | 54343 |
| nature that the school district is unable to pay from existing | 54344 |
| resources. The Director of Budget and Management shall notify the | 54345 |
| members of the Controlling Board of any such transfers. | 54346 |
| READING FIRST | 54347 |
| The foregoing appropriation item 200-632, Reading First, | 54348 |
| shall be used by school districts to administer federal diagnostic | 54349 |
| tests as well as other functions permitted by federal statute. | 54350 |
| Notwithstanding section 3301.079 of the Revised Code, federal | 54351 |
| diagnostic tests may be recognized as meeting the state diagnostic | 54352 |
| testing requirements outlined in section 3301.079 of the Revised | 54353 |
| Code. | 54354 |
| HALF-MILL MAINTENANCE EQUALIZATION | 54355 |
| The foregoing appropriation item 200-626, Half-Mill | 54356 |
| Maintenance Equalization, shall be used in fiscal year 2007 to | 54357 |
| make payments pursuant to section 3318.111 of the Revised Code. | 54358 |
| Section 206.09.54. EARLY LEARNING INITIATIVE | 54359 |
| (A) As used in this section: | 54360 |
| (1) "Title IV-A services" means benefits and services that | 54361 |
| are allowable under Title IV-A of the "Social Security Act," as | 54362 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 54363 |
| benefits and services included in the term "assistance" as defined | 54364 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 54365 |
| excluded from the definition of the term "assistance" under 45 | 54366 |
| C.F.R. 260.31(b). | 54367 |
| (2) "Title IV-A funds" means funds provided under the | 54368 |
| temporary assistance for needy families block grant established by | 54369 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 54370 |
| U.S.C. 601, as amended. | 54371 |
| (3) "Child day-care" has the same meaning as in section | 54372 |
| 5104.01 of the Revised Code. | 54373 |
| (4) "Eligible child" means a child eligible for Title IV-A | 54374 |
| services. | 54375 |
| (5) "Early learning program" means a program for eligible | 54376 |
| children that is funded with Title IV-A funds and provides Title | 54377 |
| IV-A services that are also early learning services, as defined by | 54378 |
| the Department of Education pursuant to division (C)(1) of this | 54379 |
| section. | 54380 |
| (6) "Early learning provider" means an entity that is | 54381 |
| receiving Title IV-A funds to operate an early learning program. | 54382 |
| (7) "Early learning agency" means an early learning provider | 54383 |
| or an entity that has entered into an agreement with an early | 54384 |
| learning provider requiring the early learning provider to operate | 54385 |
| an early learning program on behalf of the entity. | 54386 |
| (B) The Early Learning Initiative is hereby established. The | 54387 |
| Initiative shall be administered by the Department of Education | 54388 |
| and the Department of Job and Family Services in accordance with | 54389 |
| sections 5101.80 and 5101.801 of the Revised Code. The Initiative | 54390 |
| shall provide early learning programs and child day-care to | 54391 |
| eligible children. | 54392 |
| (C) The Department of Education shall do all of the | 54393 |
| following: | 54394 |
| (1) Define the early learning services that will be provided | 54395 |
| to eligible children through the Early Learning Initiative; | 54396 |
| (2) In consultation with the Department of Job and Family | 54397 |
| Services, develop an application form and criteria for the | 54398 |
| selection of early learning agencies. The criteria shall require | 54399 |
| an early learning agency, or each early learning provider with | 54400 |
| which the agency has entered into an agreement for the operation | 54401 |
| of an early learning program on the agency's behalf, to be | 54402 |
| licensed or certified by the Department of Education under | 54403 |
| sections 3301.52 to 3301.59 of the Revised Code or by the | 54404 |
| Department of Job and Family Services under Chapter 5104. of the | 54405 |
| Revised Code. | 54406 |
| (3) Establish early learning program guidelines for school | 54407 |
| readiness to assess the operation of early learning programs. The | 54408 |
| standards shall incorporate academic performance data of | 54409 |
| participating children to evaluate their preparedness for | 54410 |
| kindergarten upon completion of an early learning program. | 54411 |
| (4) Jointly with the Department of Job and Family Services, | 54412 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 54413 |
| implement the Early Learning Initiative. The rules shall include | 54414 |
| provisions regarding the establishment of co-payments for families | 54415 |
| of eligible children and a definition of "weekly attendance rate" | 54416 |
| for the purpose of reimbursing early learning agencies. | 54417 |
| (D) Any entity that seeks to be an early learning agency | 54418 |
| shall apply to the Department of Education by a deadline | 54419 |
| established by the Department. The Department of Education shall | 54420 |
| select entities that meet the criteria established under division | 54421 |
| (C)(2) of this section to be early learning agencies. Upon | 54422 |
| selection of an entity to be an early learning agency, the | 54423 |
| Department of Education shall designate the number of eligible | 54424 |
| children the agency will serve. The Department of Education shall | 54425 |
| notify the Office of Budget and Management and the Department of | 54426 |
| Job and Family Services of the number so designated. | 54427 |
| (E) The Department of Education and the Department of Job and | 54428 |
| Family Services shall enter into a contract with each early | 54429 |
| learning agency selected under division (D) of this section. The | 54430 |
| contract shall outline the terms and conditions applicable to the | 54431 |
| provision of Title IV-A services for eligible children and shall | 54432 |
| include at least the following: | 54433 |
| (1) The respective duties of the early learning agency, the | 54434 |
| Department of Education, and the Department of Job and Family | 54435 |
| Services; | 54436 |
| (2) Requirements applicable to the allowable use of and | 54437 |
| accountability for Title IV-A funds; | 54438 |
| (3) A requirement that the amount used by the early learning | 54439 |
| agency for development and administrative costs shall not exceed | 54440 |
| fifteen per cent of the total approved costs for the early | 54441 |
| learning program; | 54442 |
| (4) Reporting requirements; | 54443 |
| (5) The reimbursement methodology, including a requirement | 54444 |
| that reimbursement shall be based upon the weekly attendance rate | 54445 |
| of each eligible child; | 54446 |
| (6) Audit requirements; | 54447 |
| (7) Provisions for suspending, modifying, or terminating the | 54448 |
| contract. | 54449 |
| The requirements of section 127.16 of the Revised Code do not | 54450 |
| apply to contracts entered into under this section. | 54451 |
| (F) If an early learning agency, or an early learning | 54452 |
| provider operating an early learning program on the agency's | 54453 |
| behalf, substantially fails to meet the early learning program | 54454 |
| guidelines for school readiness or exhibits below average | 54455 |
| performance, as determined by the Department of Education, the | 54456 |
| agency shall develop and implement a corrective action plan. The | 54457 |
| Department of Education shall approve the corrective action plan | 54458 |
| prior to implementation. | 54459 |
| (G) If an early learning agency fails to implement a | 54460 |
| corrective action plan under division (F) of this section, the | 54461 |
| Department of Education may direct the Department of Job and | 54462 |
| Family Services to withhold funding from the agency or either the | 54463 |
| Department of Education or the Department of Job and Family | 54464 |
| Services may suspend or terminate the contract with the agency. | 54465 |
| (H) Of the foregoing appropriation item 200-663, Early | 54466 |
| Learning Initiative, up to $2,200,000 in each fiscal year may be | 54467 |
| used by the Department of Education to perform administrative | 54468 |
| functions for the Early Learning Initiative. The Director of | 54469 |
| Budget and Management may transfer appropriation, as needed, from | 54470 |
| the Department of Education, appropriation item 200-663, Early | 54471 |
| Learning Initiative in Fund 5W2, to the Department of Job and | 54472 |
| Family Services, appropriation item 600-689, TANF Block Grant in | 54473 |
| Fund 3V6, for the successful operation of the Early Learning | 54474 |
| Initiative. This transfer shall take place not less than fifteen | 54475 |
| days after the Department of Education has provided the Office of | 54476 |
| Budget and Management and the Department of Job and Family | 54477 |
| Services its determination as to the number of children to be | 54478 |
| served by each early learning agency under division (D) of this | 54479 |
| section. The appropriation transferred is hereby authorized. | 54480 |
| AUXILIARY SERVICES REIMBURSEMENT | 54481 |
| Notwithstanding section 3317.064 of the Revised Code, if the | 54482 |
| unobligated cash balance is sufficient, the Treasurer of State | 54483 |
| shall transfer $1,500,000 in fiscal year 2006 within thirty days | 54484 |
| after the effective date of this section, and $1,500,000 in fiscal | 54485 |
| year 2007 by August 1, 2006, from the Auxiliary Services Personnel | 54486 |
| Unemployment Compensation Fund to the Department of Education's | 54487 |
| Auxiliary Services Reimbursement Fund (Fund 598). | 54488 |
| Section 206.09.57. LOTTERY PROFITS EDUCATION FUND | 54489 |
| Appropriation item 200-612, Base Cost Funding (Fund 017), | 54490 |
| shall be used in conjunction with appropriation item 200-550, | 54491 |
| Foundation Funding (GRF), to provide payments to school districts | 54492 |
| under Chapter 3317. of the Revised Code. | 54493 |
| The Department of Education, with the approval of the | 54494 |
| Director of Budget and Management, shall determine the monthly | 54495 |
| distribution schedules of appropriation item 200-550, Foundation | 54496 |
| Funding (GRF), and appropriation item 200-612, Base Cost Funding | 54497 |
| (Fund 017). If adjustments to the monthly distribution schedule | 54498 |
| are necessary, the Department of Education shall make such | 54499 |
| adjustments with the approval of the Director of Budget and | 54500 |
| Management. | 54501 |
| The Director of Budget and Management shall transfer via | 54502 |
| intrastate transfer voucher the amount appropriated under the | 54503 |
| Lottery Profits Education Fund for appropriation item 200-682, | 54504 |
| Lease Rental Payment Reimbursement, to the General Revenue Fund on | 54505 |
| a schedule determined by the director. These funds shall support | 54506 |
| the appropriation item 230-428, Lease Rental Payments (GRF), of | 54507 |
| the School Facilities Commission. | 54508 |
| Section 206.09.60. LOTTERY PROFITS EDUCATION RESERVE FUND | 54509 |
| (A) There is hereby created the Lottery Profits Education | 54510 |
| Reserve Fund (Fund 018) in the State Treasury. Investment earnings | 54511 |
| of the Lottery Profits Education Reserve Fund shall be credited to | 54512 |
| the fund. The Superintendent of Public Instruction may certify | 54513 |
| cash balances exceeding $75,000,000 in the Lottery Profits | 54514 |
| Education Reserve Fund (Fund 018) to the Director of Budget and | 54515 |
| Management in June of any given fiscal year. Prior to making the | 54516 |
| certification, the Superintendent of Public Instruction shall | 54517 |
| determine whether the funds above the $75,000,000 threshold are | 54518 |
| needed to help pay for foundation program obligations for that | 54519 |
| fiscal year under Chapter 3317. of the Revised Code. If those | 54520 |
| funds are needed for the foundation program, the Superintendent of | 54521 |
| Public Instruction shall notify and consult with the Director of | 54522 |
| Budget and Management to determine the amount that may be | 54523 |
| transferred to the Public School Building Fund (Fund 021). Upon | 54524 |
| this determination, the Director of Budget and Management shall | 54525 |
| transfer the amount from the Lottery Profits Education Reserve | 54526 |
| Fund (Fund 018) to the Public School Building Fund (Fund 021). The | 54527 |
| amount transferred is hereby appropriated to appropriation item | 54528 |
| CAP-622, Public School Buildings. | 54529 |
| For fiscal years 2006 and 2007, notwithstanding any | 54530 |
| provisions of law to the contrary, amounts necessary to make loans | 54531 |
| authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 54532 |
| Revised Code are hereby appropriated to the Lottery Profits | 54533 |
| Education Reserve Fund (Fund 018). Loan repayments from loans made | 54534 |
| in previous years shall be deposited to the fund. | 54535 |
| (B) On July 15, 2005, or as soon as possible thereafter, the | 54536 |
| Director of the Ohio Lottery Commission shall certify to the | 54537 |
| Director of Budget and Management the amount by which lottery | 54538 |
| profit transfers received by the Lottery Profits Education Fund | 54539 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2005. The Director | 54540 |
| of Budget and Management shall transfer the amount so certified, | 54541 |
| plus the cash balance in Fund 017, to the Lottery Profits | 54542 |
| Education Reserve Fund (Fund 018). | 54543 |
| (C) On July 15, 2006, or as soon as possible thereafter, the | 54544 |
| Director of the Ohio Lottery Commission shall certify to the | 54545 |
| Director of Budget and Management the amount by which lottery | 54546 |
| profit transfers received by the Lottery Profits Education Fund | 54547 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2006. The Director | 54548 |
| of Budget and Management shall transfer the amount so certified, | 54549 |
| plus the cash balance in Fund 017, to the Lottery profits | 54550 |
| Education Reserve Fund (Fund 018). | 54551 |
| (D) Any amounts transferred under division (B) or (C) of this | 54552 |
| section may be made available by the Controlling Board in fiscal | 54553 |
| years 2006 or 2007, at the request of the Superintendent of Public | 54554 |
| Instruction, to provide assistance and grants to school districts | 54555 |
| to enable them to remain solvent and to pay unforeseeable expenses | 54556 |
| of a temporary or emergency nature that they are unable to pay | 54557 |
| from existing resources under section 3316.20 of the Revised Code, | 54558 |
| and to provide payments to school districts under Chapter 3317. of | 54559 |
| the Revised Code. | 54560 |
| Section 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 54561 |
| BUSINESS | 54562 |
| The foregoing appropriation item, 200-900, School District | 54563 |
| Property Tax Replacement – Business, in Fund 047, shall be used by | 54564 |
| the Department of Education, in consultation with the Department | 54565 |
| of Taxation, to make payments to school districts and joint | 54566 |
| vocational school districts under section 5751.21 of the Revised | 54567 |
| Code. | 54568 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 54569 |
| The foregoing appropriation item 200-900, School District | 54570 |
| Property Tax Replacement-Utility, in Fund 053, shall be used by | 54571 |
| the Department of Education, in consultation with the Department | 54572 |
| of Taxation, to make payments to school districts and joint | 54573 |
| vocational school districts under section 5727.85 of the Revised | 54574 |
| Code. | 54575 |
| Section 206.09.66. * DISTRIBUTION FORMULAS | 54576 |
| The Department of Education shall report the following to the | 54577 |
| Director of Budget and Management, the Legislative Office of | 54578 |
| Education Oversight, and the Legislative Service Commission: | 54579 |
| (A) Changes in formulas for distributing state | 54580 |
| appropriations, including administratively defined formula | 54581 |
| factors; | 54582 |
| (B) Discretionary changes in formulas for distributing | 54583 |
| federal appropriations; | 54584 |
| (C) Federally mandated changes in formulas for distributing | 54585 |
| federal appropriations. | 54586 |
| Any such changes shall be reported two weeks prior to the | 54587 |
| effective date of the change. | 54588 |
| Section 206.09.69. EDUCATIONAL SERVICE CENTERS FUNDING | 54589 |
| (A) As used in this section: | 54590 |
| (1) "Internet- or computer-based community school" has the | 54591 |
| same meaning as in section 3314.02 of the Revised Code. | 54592 |
| (2) "Service center ADM" has the same meaning as in section | 54593 |
| 3317.11 of the Revised Code. | 54594 |
| (B) Notwithstanding division (F) of section 3317.11 of the | 54595 |
| Revised Code, no funds shall be provided under that division to an | 54596 |
| educational service center in either fiscal year for any pupils of | 54597 |
| a city or exempted village school district unless an agreement to | 54598 |
| provide services under section 3313.843 of the Revised Code was | 54599 |
| entered into by January 1, 1997, except that funds shall be | 54600 |
| provided to an educational service center for any pupils of a city | 54601 |
| school district if the agreement to provide services was entered | 54602 |
| into within one year of the date upon which such district changed | 54603 |
| from a local school district to a city school district. | 54604 |
| (C) Notwithstanding any provision of the Revised Code to the | 54605 |
| contrary, an educational service center that sponsors a community | 54606 |
| school under Chapter 3314. of the Revised Code in either fiscal | 54607 |
| year may include the students of that community school in its | 54608 |
| service center ADM for purposes of state funding under division | 54609 |
| (F) of section 3317.11 of the Revised Code, unless the community | 54610 |
| school is an Internet- or computer-based community school. A | 54611 |
| service center shall include the community school students in its | 54612 |
| service center ADM only to the extent that the students are not | 54613 |
| already so included, and only in accordance with guidelines issued | 54614 |
| by the Department of Education. If the students of a community | 54615 |
| school sponsored by an educational service center are included in | 54616 |
| the service center ADM of another educational service center, | 54617 |
| those students shall be removed from the service center ADM of the | 54618 |
| other educational service center and added to the service center | 54619 |
| ADM of the community school's sponsoring service center. The | 54620 |
| General Assembly authorizes this procedure as an incentive for | 54621 |
| educational service centers to take over sponsorship of community | 54622 |
| schools from the State Board of Education as the State Board's | 54623 |
| sponsorship is phased out in accordance with Sub. H.B. 364 of the | 54624 |
| 124th General Assembly. No student of an Internet- or | 54625 |
| computer-based community school shall be counted in the service | 54626 |
| center ADM of any educational service center. The Department shall | 54627 |
| pay educational service centers under division (F) of section | 54628 |
| 3317.11 of the Revised Code for community school students included | 54629 |
| in their service center ADMs under this division only if | 54630 |
| sufficient funds earmarked within appropriation item 200-550, | 54631 |
| Foundation Funding, for payments under that division remain after | 54632 |
| first paying for students attributable to their local and client | 54633 |
| school districts, in accordance with divisions (B) and (D) of this | 54634 |
| section. | 54635 |
| (D) If insufficient funds are earmarked within appropriation | 54636 |
| item 200-550, Foundation Funding, for payments under division (F) | 54637 |
| of section 3317.11 of the Revised Code and division (C) of this | 54638 |
| section in fiscal year 2006 or fiscal year 2007, the Department | 54639 |
| shall prioritize the distribution of the earmarked funds as | 54640 |
| follows: | 54641 |
| (1) The Department shall first distribute to each educational | 54642 |
| service center the per-student amount specified in division (F) of | 54643 |
| section 3317.11 of the Revised Code for each student in its | 54644 |
| service center ADM attributable to the local school districts | 54645 |
| within the service center's territory. | 54646 |
| (2) The Department shall distribute the remaining funds in | 54647 |
| each fiscal year to each educational service center for the | 54648 |
| students in its service center ADM attributable to each city and | 54649 |
| exempted village school district that had entered into an | 54650 |
| agreement with an educational service center for that fiscal year | 54651 |
| under section 3313.843 of the Revised Code by January 1, 1997, up | 54652 |
| to the per-student amount specified in division (F) of section | 54653 |
| 3317.11 of the Revised Code. If insufficient funds remain to pay | 54654 |
| each service center the full amount specified in division (F) of | 54655 |
| that section for each such student, the Department shall | 54656 |
| distribute the remaining funds to each service center | 54657 |
| proportionally, on a per-student basis for each such student, | 54658 |
| unless that proportional per-student amount exceeds the amount | 54659 |
| specified in division (F)(1) of that section. In that case, the | 54660 |
| Department shall distribute the per-student amount specified in | 54661 |
| division (F)(1) of that section to each service center for each | 54662 |
| such student and shall distribute the remainder proportionally, on | 54663 |
| a per-student basis for each such student, to the multi-county | 54664 |
| service centers described in division (F)(2) of that section. | 54665 |
| (3) If the Department has paid each service center under | 54666 |
| divisions (D)(1) and (2) of this section, the full amount | 54667 |
| specified in division (F) of section 3317.11 of the Revised Code | 54668 |
| for each student attributable to its local school districts and | 54669 |
| its client school districts described in division (D)(2) of this | 54670 |
| section the Department shall distribute any remaining funds | 54671 |
| proportionally, on a per-student basis, to each service center | 54672 |
| that sponsors a community school, other than an Internet- or | 54673 |
| computer-based community school, for the students included in the | 54674 |
| service center ADM under division (C) of this section. These | 54675 |
| payments shall not exceed per student the amount specified in | 54676 |
| division (F) of section 3317.11 of the Revised Code. | 54677 |
| Section 206.09.72. * For the school year commencing July 1, | 54678 |
| 2005, or the school year commencing July 1, 2006, or both, the | 54679 |
| Superintendent of Public Instruction may waive for the board of | 54680 |
| education of any school district the ratio of teachers to pupils | 54681 |
| in kindergarten through fourth grade required under paragraph | 54682 |
| (A)(3) of rule 3301-35-05 of the Administrative Code if the | 54683 |
| following conditions apply: | 54684 |
| (A) The board of education requests the waiver. | 54685 |
| (B) After the Department of Education conducts an on-site | 54686 |
| evaluation of the district related to meeting the required ratio, | 54687 |
| the board of education demonstrates to the satisfaction of the | 54688 |
| Superintendent of Public Instruction that providing the facilities | 54689 |
| necessary to meet the required ratio during the district's regular | 54690 |
| school hours with pupils in attendance would impose an extreme | 54691 |
| hardship on the district. | 54692 |
| (C) The board of education provides assurances that are | 54693 |
| satisfactory to the Superintendent of Public Instruction that the | 54694 |
| board will act in good faith to meet the required ratio as soon as | 54695 |
| possible. | 54696 |
| Section 206.09.75. PRIVATE TREATMENT FACILITY PROJECT | 54697 |
| (A) As used in this section: | 54698 |
| (1) The following are "participating residential treatment | 54699 |
| centers": | 54700 |
| (a) Private residential treatment facilities that have | 54701 |
| entered into a contract with the Department of Youth Services to | 54702 |
| provide services to children placed at the facility by the | 54703 |
| Department and which, in fiscal year 2006 or fiscal year 2007 or | 54704 |
| both, the Department pays through appropriation item 470-401, Care | 54705 |
| and Custody; | 54706 |
| (b) Abraxas, in Shelby; | 54707 |
| (c) Paint Creek, in Bainbridge; | 54708 |
| (d) Act One, in Akron; | 54709 |
| (e) Friars Club, in Cincinnati. | 54710 |
| (2) "Education program" means an elementary or secondary | 54711 |
| education program or a special education program and related | 54712 |
| services. | 54713 |
| (3) "Served child" means any child receiving an education | 54714 |
| program pursuant to division (B) of this section. | 54715 |
| (4) "School district responsible for tuition" means a city, | 54716 |
| exempted village, or local school district that, if tuition | 54717 |
| payment for a child by a school district is required under law | 54718 |
| that existed in fiscal year 1998, is the school district required | 54719 |
| to pay that tuition. | 54720 |
| (5) "Residential child" means a child who resides in a | 54721 |
| participating residential treatment center and who is receiving an | 54722 |
| educational program under division (B) of this section. | 54723 |
| (B) A youth who is a resident of the state and has been | 54724 |
| assigned by a juvenile court or other authorized agency to a | 54725 |
| residential treatment facility specified in division (A) of this | 54726 |
| section shall be enrolled in an approved educational program | 54727 |
| located in or near the facility. Approval of the educational | 54728 |
| program shall be contingent upon compliance with the criteria | 54729 |
| established for such programs by the Department of Education. The | 54730 |
| educational program shall be provided by a school district or | 54731 |
| educational service center, or by the residential facility itself. | 54732 |
| Maximum flexibility shall be given to the residential treatment | 54733 |
| facility to determine the provider. In the event that a voluntary | 54734 |
| agreement cannot be reached and the residential facility does not | 54735 |
| choose to provide the educational program, the educational service | 54736 |
| center in the county in which the facility is located shall | 54737 |
| provide the educational program at the treatment center to | 54738 |
| children under twenty-two years of age residing in the treatment | 54739 |
| center. | 54740 |
| (C) Any school district responsible for tuition for a | 54741 |
| residential child shall, notwithstanding any conflicting provision | 54742 |
| of the Revised Code regarding tuition payment, pay tuition for the | 54743 |
| child for fiscal year 2006 and fiscal year 2007 to the education | 54744 |
| program provider and in the amount specified in this division. If | 54745 |
| there is no school district responsible for tuition for a | 54746 |
| residential child and if the participating residential treatment | 54747 |
| center to which the child is assigned is located in the city, | 54748 |
| exempted village, or local school district that, if the child were | 54749 |
| not a resident of that treatment center, would be the school | 54750 |
| district where the child is entitled to attend school under | 54751 |
| sections 3313.64 and 3313.65 of the Revised Code, that school | 54752 |
| district, notwithstanding any conflicting provision of the Revised | 54753 |
| Code, shall pay tuition for the child for fiscal year 2006 and | 54754 |
| fiscal year 2007 under this division unless that school district | 54755 |
| is providing the educational program to the child under division | 54756 |
| (B) of this section. | 54757 |
| A tuition payment under this division shall be made to the | 54758 |
| school district, educational service center, or residential | 54759 |
| treatment facility providing the educational program to the child. | 54760 |
| The amount of tuition paid shall be: | 54761 |
| (1) The amount of tuition determined for the district under | 54762 |
| division (A) of section 3317.08 of the Revised Code; | 54763 |
| (2) In addition, for any student receiving special education | 54764 |
| pursuant to an individualized education program as defined in | 54765 |
| section 3323.01 of the Revised Code, a payment for excess costs. | 54766 |
| This payment shall equal the actual cost to the school district, | 54767 |
| educational service center, or residential treatment facility of | 54768 |
| providing special education and related services to the student | 54769 |
| pursuant to the student's individualized education program, minus | 54770 |
| the tuition paid for the child under division (C)(1) of this | 54771 |
| section. | 54772 |
| A school district paying tuition under this division shall | 54773 |
| not include the child for whom tuition is paid in the district's | 54774 |
| average daily membership certified under division (A) of section | 54775 |
| 3317.03 of the Revised Code. | 54776 |
| (D) In each of fiscal years 2006 and 2007, the Department of | 54777 |
| Education shall reimburse, from appropriations made for the | 54778 |
| purpose, a school district, educational service center, or | 54779 |
| residential treatment facility, whichever is providing the | 54780 |
| service, that has demonstrated that it is in compliance with the | 54781 |
| funding criteria for each served child for whom a school district | 54782 |
| must pay tuition under division (C) of this section. The amount of | 54783 |
| the reimbursement shall be the formula amount specified in section | 54784 |
| 3317.022 of the Revised Code, except that the department shall | 54785 |
| proportionately reduce this reimbursement if sufficient funds are | 54786 |
| not available to pay this amount to all qualified providers. | 54787 |
| (E) Funds provided to a school district, educational service | 54788 |
| center, or residential treatment facility under this section shall | 54789 |
| be used to supplement, not supplant, funds from other public | 54790 |
| sources for which the school district, service center, or | 54791 |
| residential treatment facility is entitled or eligible. | 54792 |
| (F) The Department of Education shall track the utilization | 54793 |
| of funds provided to school districts, educational service | 54794 |
| centers, and residential treatment facilities under this section | 54795 |
| and monitor the effect of the funding on the educational programs | 54796 |
| they provide in participating residential treatment facilities. | 54797 |
| The department shall monitor the programs for educational | 54798 |
| accountability. | 54799 |
| Section 206.09.78. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 54800 |
| ASSESSMENT OF EDUCATION PROGRESS | 54801 |
| The General Assembly intends for the Superintendent of Public | 54802 |
| Instruction to provide for school district participation in the | 54803 |
| administration of the National Assessment of Education Progress in | 54804 |
| accordance with section 3301.27 of the Revised Code. Each school | 54805 |
| and school district selected for participation by the | 54806 |
| Superintendent of Public Instruction shall participate. | 54807 |
| Section 206.09.81. DEPARTMENT OF EDUCATION APPROPRIATION | 54808 |
| TRANSFERS FOR STUDENT ASSESSMENT | 54809 |
| In fiscal year 2006 and fiscal year 2007, if the | 54810 |
| Superintendent of Public Instruction determines that additional | 54811 |
| funds are needed to fully fund the requirements of Am. Sub. H.B. 3 | 54812 |
| of the 125th General Assembly for assessments of student | 54813 |
| performance, the Superintendent of Public Instruction may | 54814 |
| recommend the reallocation of unspent and unencumbered | 54815 |
| appropriations within the Department of Education to the General | 54816 |
| Revenue Fund appropriation item 200-437, Student Assessment, to | 54817 |
| the Director of Budget and Management. If the Director of Budget | 54818 |
| and Management determines that such a reallocation is required, | 54819 |
| the Director of Budget and Management may transfer unspent and | 54820 |
| unencumbered funds within the Department of Education as necessary | 54821 |
| to appropriation item 200-437, Student Assessment. | 54822 |
| Section 206.09.84. (A) As used in this section: | 54823 |
| (1) "Entitled to attend school" means entitled to attend | 54824 |
| school in a school district under section 3313.64 and 3313.65 of | 54825 |
| the Revised Code. | 54826 |
| (2) "Formula ADM" and "category six special education ADM" | 54827 |
| have the same meanings as in section 3317.02 of the Revised Code. | 54828 |
| (3) "Individualized education program" has the same meaning | 54829 |
| as in section 3323.01 of the Revised Code. | 54830 |
| (4) "Parent" has the same meaning as in section 3313.64 of | 54831 |
| the Revised Code. | 54832 |
| (5) "Qualified special education child" is a child for whom | 54833 |
| all of the following conditions apply: | 54834 |
| (a) The school district in which the child is entitled to | 54835 |
| attend school has identified the child as autistic. | 54836 |
| (b) The school district in which the child is entitled to | 54837 |
| attend school has developed an individualized education program | 54838 |
| under Chapter 3323. of the Revised Code for the child. | 54839 |
| (c) The child either: | 54840 |
| (i) Was enrolled in the school district in which the child is | 54841 |
| entitled to attend school in any grade from preschool through | 54842 |
| twelve in the school year prior to the year in which a scholarship | 54843 |
| under this section is first sought for the child; or | 54844 |
| (ii) Is eligible to enter school in any grade preschool | 54845 |
| through twelve in the school district in which the child is | 54846 |
| entitled to attend school in the school year in which a | 54847 |
| scholarship under this section is first sought for the child. | 54848 |
| (6) "Registered private provider" means a nonpublic school or | 54849 |
| other nonpublic entity that has been approved by the Department of | 54850 |
| Education to participate in the program established under this | 54851 |
| section. | 54852 |
| (B) There is hereby established the Pilot Project Special | 54853 |
| Education Scholarship Program. Under the program, in fiscal years | 54854 |
| 2006 and 2007, the Department of Education shall pay a scholarship | 54855 |
| to the parent of each qualified special education child upon | 54856 |
| application of that parent pursuant to procedures and deadlines | 54857 |
| established by rule of the State Board of Education. Each | 54858 |
| scholarship shall be used only to pay tuition for the child on | 54859 |
| whose behalf the scholarship is awarded to attend a special | 54860 |
| education program that implements the child's individualized | 54861 |
| education program and that is operated by a school district other | 54862 |
| than the school district in which the child is entitled to attend | 54863 |
| school, by another public entity, or by a registered private | 54864 |
| provider. Each scholarship shall be in an amount not to exceed the | 54865 |
| lesser of the tuition charged for the child by the special | 54866 |
| education program or fifteen thousand dollars. The purpose of the | 54867 |
| scholarship is to permit the parent of a qualified special | 54868 |
| education child the choice to send the child to a special | 54869 |
| education program, instead of the one operated by or for the | 54870 |
| school district in which the child is entitled to attend school, | 54871 |
| to receive the services prescribed in the child's individualized | 54872 |
| education program once the individualized education program is | 54873 |
| finalized. A scholarship under this section shall not be awarded | 54874 |
| to the parent of a child while the child's individualized | 54875 |
| education program is being developed by the school district in | 54876 |
| which the child is entitled to attend school, or while any | 54877 |
| administrative or judicial mediation or proceedings with respect | 54878 |
| to the content of the child's individualized education program are | 54879 |
| pending. A scholarship under this section shall not be used for a | 54880 |
| child to attend a public special education program that operates | 54881 |
| under a contract, compact, or other bilateral agreement between | 54882 |
| the school district in which the child is entitled to attend | 54883 |
| school and another school district or other public provider, or | 54884 |
| for a child to attend a community school established under Chapter | 54885 |
| 3314. of the Revised Code. However, nothing in this section or in | 54886 |
| any rule adopted by the State Board of Education shall prohibit a | 54887 |
| parent whose child attends a public special education program | 54888 |
| under a contract, compact, or other bilateral agreement, or a | 54889 |
| parent whose child attends a community school, from applying for | 54890 |
| and accepting a scholarship under this section so that the parent | 54891 |
| may withdraw the child from that program or community school and | 54892 |
| use the scholarship for the child to attend a special education | 54893 |
| program for which the parent is required to pay for services for | 54894 |
| the child. A child attending a special education program with a | 54895 |
| scholarship under this section shall continue to be entitled to | 54896 |
| transportation to and from that program in the manner prescribed | 54897 |
| by law. | 54898 |
| (C)(1) Notwithstanding anything to the contrary in the | 54899 |
| Revised Code, a child for whom a scholarship is awarded under this | 54900 |
| section shall be counted in the formula ADM and the category six | 54901 |
| special education ADM of the district in which the child is | 54902 |
| entitled to attend school and not in the formula ADM and the | 54903 |
| category six special education ADM of any other school district. | 54904 |
| (2) In each fiscal year, the Department shall deduct from the | 54905 |
| amounts paid to each school district under Chapter 3317. of the | 54906 |
| Revised Code, and, if necessary, sections 321.24 and 323.156 of | 54907 |
| the Revised Code, the aggregate amount of scholarships awarded | 54908 |
| under this section for qualified special education children | 54909 |
| included in the formula ADM and category six special education ADM | 54910 |
| of that school district as provided in division (C)(1) of this | 54911 |
| section. The scholarships deducted shall be considered as an | 54912 |
| approved special education and related services expense for the | 54913 |
| purpose of the school district's compliance with division (C)(5) | 54914 |
| of section 3317.022 of the Revised Code. | 54915 |
| (3) From time to time, the Department shall make a payment to | 54916 |
| the parent of each qualified special education child for whom a | 54917 |
| scholarship has been awarded under this section. The scholarship | 54918 |
| amount shall be proportionately reduced in the case of any such | 54919 |
| child who is not enrolled in the special education program for | 54920 |
| which a scholarship was awarded under this section for the entire | 54921 |
| school year. The Department shall make no payments to the parent | 54922 |
| of a child while any administrative or judicial mediation or | 54923 |
| proceedings with respect to the content of the child's | 54924 |
| individualized education program are pending. | 54925 |
| (D) A scholarship shall not be paid to a parent for payment | 54926 |
| of tuition owed to a nonpublic entity unless that entity is a | 54927 |
| registered private provider. The Department shall approve entities | 54928 |
| that meet the standards established by rule of the State Board for | 54929 |
| the program established under this section. | 54930 |
| (E) The State Board shall adopt rules under Chapter 119. of | 54931 |
| the Revised Code prescribing procedures necessary to implement | 54932 |
| this section, including, but not limited to, procedures and | 54933 |
| deadlines for parents to apply for scholarships, standards for | 54934 |
| registered private providers, and procedures for approval of | 54935 |
| entities as registered private providers. The Board shall adopt | 54936 |
| the rules so that the program established under this section is | 54937 |
| operational by January 1, 2004. | 54938 |
| Section 206.09.87. (A) In the 2005-2006 and 2006-2007 school | 54939 |
| years, within three months after a student identified with | 54940 |
| disabilities begins receiving services for the first time under an | 54941 |
| individualized education program, as defined in section 3323.01 of | 54942 |
| the Revised Code, the school district in which that student is | 54943 |
| enrolled shall require the student to undergo a comprehensive eye | 54944 |
| examination performed either by an optometrist licensed under | 54945 |
| Chapter 4725. of the Revised Code or by a physician authorized | 54946 |
| under Chapter 4731. of the Revised Code to practice medicine and | 54947 |
| surgery or osteopathic medicine and surgery who is comprehensively | 54948 |
| trained and educated in the treatment of the human eye, eye | 54949 |
| disease, or comprehensive vision services, unless the student | 54950 |
| underwent such an examination within the nine-month period | 54951 |
| immediately prior to being identified with disabilities. | 54952 |
| However, no student who has not undergone the eye examination | 54953 |
| required under this section shall be prohibited from initiating, | 54954 |
| receiving, or continuing to receive services prescribed in the | 54955 |
| student's individualized education program. | 54956 |
| (B) The superintendent of each school district or the | 54957 |
| superintendent's designee may determine fulfillment of the | 54958 |
| requirement prescribed in division (A) of this section based on | 54959 |
| any special circumstances of the student, the student's parent, | 54960 |
| guardian, or family that may prevent the student from undergoing | 54961 |
| the eye examination prior to beginning special education services. | 54962 |
| (C) Except for a student who may be entitled to a | 54963 |
| comprehensive eye examination in the identification of the | 54964 |
| student's disabilities, in the development of the student's | 54965 |
| individualized education program, or as a related service under | 54966 |
| the student's individualized education program, neither the state | 54967 |
| nor any school district shall be responsible for paying for the | 54968 |
| eye examination required by this section. | 54969 |
| Section 206.09.90. INTERVENTION FUNDING | 54970 |
| State funding totaling $153,489,868 in fiscal year 2006 and | 54971 |
| $195,096,413 in fiscal year 2007 is provided to school districts | 54972 |
| for intervention or intervention related activities. School | 54973 |
| districts have flexibility in the use of this funding by which | 54974 |
| success is achieved for their students under section 3317.029 of | 54975 |
| the Revised Code. | 54976 |
| No later than December 31, 2006, each school district shall | 54977 |
| report intervention costs by type of intervention provided in a | 54978 |
| manner defined by the Department of Education. The report shall | 54979 |
| indicate separately both state and local dollars utilized by | 54980 |
| school districts for intervention activities. | 54981 |
| To the degree that school districts do not meet adequate | 54982 |
| progress standards as defined by the Department of Education, the | 54983 |
| Department shall use the reported information to intervene at the | 54984 |
| district and building levels to make recommendations on how state | 54985 |
| and local funding for intervention should be deployed in a more | 54986 |
| effective manner. This information shall also be used by the | 54987 |
| Department to inform its recommendations required in the section | 54988 |
| of this act entitled "FOUNDATION FUNDING." | 54989 |
| Section 206.09.93. EARMARK ACCOUNTABILITY | 54990 |
| At the request of the Superintendent of Public Instruction, | 54991 |
| any entity that receives a budget earmark under the Department of | 54992 |
| Education shall submit annually to the chairpersons of the | 54993 |
| committees of the House of Representatives and the Senate | 54994 |
| primarily concerned with education and to the Department of | 54995 |
| Education a report that includes a description of the services | 54996 |
| supported by the funds, a description of the results achieved by | 54997 |
| those services, an analysis of the effectiveness of the program, | 54998 |
| and an opinion as to the program's applicability to other school | 54999 |
| districts. For an earmarked entity that received state funds from | 55000 |
| an earmark in the prior fiscal year, no funds shall be provided by | 55001 |
| the Department of Education to an earmarked entity for a fiscal | 55002 |
| year until its report for the prior fiscal year has been | 55003 |
| submitted. | 55004 |
| Section 206.09.96. The School Funding Advisory Council is | 55005 |
| hereby created. The Council shall consist of not more than sixteen | 55006 |
| members, appointed as follows: | 55007 |
| (A) The Governor shall appoint up to six members, who shall | 55008 |
| be representatives of the business and education communities. | 55009 |
| (B) The Governor shall appoint one member from the Department | 55010 |
| of Education and up to three additional members from other | 55011 |
| executive branch agencies. | 55012 |
| (C) The Speaker of the House of Representatives shall appoint | 55013 |
| up to three members who are members of the House of | 55014 |
| Representatives, including at least one who is a member of the | 55015 |
| minority party of the House of Representatives. | 55016 |
| (D) The President of the Senate shall appoint up to three | 55017 |
| members who are members of the Senate, including at least one who | 55018 |
| is a member of the minority party of the Senate. | 55019 |
| The Governor, Speaker of the House of Representatives, and | 55020 |
| President of the Senate shall make their appointments not later | 55021 |
| than December 31, 2005. The Governor shall designate one | 55022 |
| representative of the business community appointed under division | 55023 |
| (A) of this section to serve as chairperson of the Council. | 55024 |
| Members shall serve without compensation. | 55025 |
| The Council shall examine research, including, but not | 55026 |
| limited to, research underway by Battelle for Kids and the | 55027 |
| University of Washington's Center for Reinventing Public | 55028 |
| Education, to further refine a building-blocks methodology for | 55029 |
| school funding so that increasingly stronger correlations exist | 55030 |
| between resources and academic results. The Council's other | 55031 |
| activities shall include, but not be limited to, examining | 55032 |
| timeline issues with regard to recommendations of the Governor's | 55033 |
| Blue Ribbon Task Force on Financing Student Success. The Council | 55034 |
| shall submit its recommendations to the Governor, the Speaker of | 55035 |
| the House of Representatives, and the President of the Senate not | 55036 |
| later than September 30, 2006. When it submits its | 55037 |
| recommendations, the Council shall cease to exist. | 55038 |
| Section 206.09.99. The requirement that a secondary grade | 55039 |
| student be a resident of this state in order to participate in the | 55040 |
| Post-Secondary Enrollment Options Program as specified in section | 55041 |
| 3365.02 of the Revised Code, as amended by this act, shall not | 55042 |
| apply to students participating in the program during fiscal year | 55043 |
| 2005. That requirement applies to students participating in the | 55044 |
| program after July 1, 2005, regardless whether they participated | 55045 |
| in the program prior to that date. | 55046 |
| Section 206.10.03. Not later than September 1, 2005, the | 55047 |
| Superintendent of Public Instruction shall begin preparations to | 55048 |
| implement the Ohio Choice Scholarship Program established by | 55049 |
| sections 3310.01 to 3310.09 of the Revised Code. The | 55050 |
| Superintendent shall ensure that school districts, chartered | 55051 |
| nonpublic schools, students, and parents are informed of the Ohio | 55052 |
| Choice Scholarship Program and how the Program may affect them. | 55053 |
| The Superintendent shall provide such information in sufficient | 55054 |
| time for affected parties to meet all deadlines imposed by the | 55055 |
| Superintendent for participation in the Ohio Choice Scholarship | 55056 |
| Program in the 2006-2007 school year. The State Board of Education | 55057 |
| shall adopt the rules required by section 3310.09 of the Revised | 55058 |
| Code so that those rules are in effect and the Ohio Choice | 55059 |
| Scholarship Program is operational by July 1, 2006. | 55060 |
| Section 206.15. ELC OHIO ELECTIONS COMMISSION | 55061 |
| General Revenue Fund | 55062 |
| GRF | 051-321 | Operating Expenses | $ | 411,623 | $ | 411,623 | 55063 | ||||
| TOTAL GRF General Revenue Fund | $ | 411,623 | $ | 411,623 | 55064 | ||||||
| General Services Fund Group | 55065 |
| 4P2 | 051-601 | Ohio Elections | 55066 | ||||||||
| Commission Fund | $ | 225,000 | $ | 225,000 | 55067 | ||||||
| TOTAL GSF General Services Fund Group | $ | 225,000 | $ | 225,000 | 55068 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 636,623 | $ | 636,623 | 55069 | ||||||
| Section 206.18. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 55071 |
| DIRECTORS | 55072 |
| General Services Fund Group | 55073 |
| 4K9 | 881-609 | Operating Expenses | $ | 598,933 | $ | 0 | 55074 | ||||
| TOTAL GSF General Services | 55075 | ||||||||||
| Fund Group | $ | 598,933 | $ | 0 | 55076 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 598,933 | $ | 0 | 55077 | ||||||
| Section 206.21. ERB STATE EMPLOYMENT RELATIONS BOARD | 55079 |
| General Revenue Fund | 55080 |
| GRF | 125-321 | Operating Expenses | $ | 3,265,397 | $ | 3,363,359 | 55081 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,265,397 | $ | 3,363,359 | 55082 | ||||||
| General Services Fund Group | 55083 |
| 572 | 125-603 | Training and Publications | $ | 75,541 | $ | 75,541 | 55084 | ||||
| TOTAL GSF General Services | 55085 | ||||||||||
| Fund Group | $ | 75,541 | $ | 75,541 | 55086 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,340,938 | $ | 3,438,900 | 55087 | ||||||
| Section 206.24. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 55089 |
| General Services Fund Group | 55090 |
| 4K9 | 892-609 | Operating Expenses | $ | 1,058,881 | $ | 0 | 55091 | ||||
| TOTAL GSF General Services | 55092 | ||||||||||
| Fund Group | $ | 1,058,881 | $ | 0 | 55093 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,881 | $ | 0 | 55094 | ||||||
| Section 206.27. EPA ENVIRONMENTAL PROTECTION AGENCY | 55096 |
| General Revenue Fund | 55097 |
| GRF | 715-403 | Clean Ohio | $ | 185,413 | $ | 0 | 55098 | ||||
| GRF | 715-501 | Local Air Pollution Control | $ | 256,594 | $ | 0 | 55099 | ||||
| GRF | 717-321 | Surface Water | $ | 2,224,683 | $ | 0 | 55100 | ||||
| GRF | 718-321 | Groundwater | $ | 273,437 | $ | 0 | 55101 | ||||
| GRF | 719-321 | Air Pollution Control | $ | 622,988 | $ | 0 | 55102 | ||||
| GRF | 721-321 | Drinking Water | $ | 637,566 | $ | 0 | 55103 | ||||
| GRF | 723-321 | Hazardous Waste | $ | 25,212 | $ | 0 | 55104 | ||||
| GRF | 724-321 | Pollution Prevention | $ | 175,076 | $ | 0 | 55105 | ||||
| GRF | 725-321 | Laboratory | $ | 304,086 | $ | 0 | 55106 | ||||
| GRF | 726-321 | Corrective Actions | $ | 294,945 | $ | 0 | 55107 | ||||
| TOTAL GRF General Revenue Fund | $ | 5,000,000 | $ | 0 | 55108 | ||||||
| General Services Fund Group | 55109 |
| 199 | 715-602 | Laboratory Services | $ | 1,078,348 | $ | 1,083,574 | 55110 | ||||
| 219 | 715-604 | Central Support Indirect | $ | 15,804,913 | $ | 16,345,805 | 55111 | ||||
| 4A1 | 715-640 | Operating Expenses | $ | 3,369,731 | $ | 3,369,731 | 55112 | ||||
| TOTAL GSF General Services | 55113 | ||||||||||
| Fund Group | $ | 20,252,992 | $ | 20,799,110 | 55114 | ||||||
| Federal Special Revenue Fund Group | 55115 |
| 3F2 | 715-630 | Revolving Loan Fund - Operating | $ | 152,021 | $ | 293,129 | 55116 | ||||
| 3F3 | 715-632 | Fed Supported Cleanup and Response | $ | 2,792,648 | $ | 2,777,648 | 55117 | ||||
| 3F4 | 715-633 | Water Quality Management | $ | 710,000 | $ | 710,000 | 55118 | ||||
| 3F5 | 715-641 | Nonpoint Source Pollution Management | $ | 7,815,000 | $ | 7,810,000 | 55119 | ||||
| 3J1 | 715-620 | Urban Stormwater | $ | 706,000 | $ | 710,000 | 55120 | ||||
| 3K2 | 715-628 | Clean Water Act 106 | $ | 4,723,845 | $ | 5,023,846 | 55121 | ||||
| 3K4 | 715-634 | DOD Monitoring and Oversight | $ | 1,450,333 | $ | 1,450,333 | 55122 | ||||
| 3K6 | 715-639 | Remedial Action Plan | $ | 320,000 | $ | 319,000 | 55123 | ||||
| 3N4 | 715-657 | DOE Monitoring and Oversight | $ | 3,181,736 | $ | 3,231,963 | 55124 | ||||
| 3V7 | 715-606 | Agencywide Grants | $ | 458,115 | $ | 479,115 | 55125 | ||||
| 352 | 715-611 | Wastewater Pollution | $ | 525,000 | $ | 530,000 | 55126 | ||||
| 353 | 715-612 | Public Water Supply | $ | 3,384,959 | $ | 3,388,619 | 55127 | ||||
| 354 | 715-614 | Hazardous Waste Management - Federal | $ | 4,203,891 | $ | 4,203,891 | 55128 | ||||
| 357 | 715-619 | Air Pollution Control - Federal | $ | 6,966,337 | $ | 7,243,950 | 55129 | ||||
| 362 | 715-605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 55130 | ||||
| TOTAL FED Federal Special Revenue | 55131 | ||||||||||
| Fund Group | $ | 37,501,759 | $ | 38,283,368 | 55132 | ||||||
| State Special Revenue Fund Group | 55133 |
| 3T3 | 715-669 | Drinking Water SRF | $ | 2,411,614 | $ | 2,482,910 | 55134 | ||||
| 4J0 | 715-638 | Underground Injection Control | $ | 438,285 | $ | 458,418 | 55135 | ||||
| 4K2 | 715-648 | Clean Air - Non Title V | $ | 3,234,278 | $ | 3,178,062 | 55136 | ||||
| 4K3 | 715-649 | Solid Waste | $ | 13,800,377 | $ | 14,282,845 | 55137 | ||||
| 4K4 | 715-650 | Surface Water Protection | $ | 11,606,000 | $ | 12,420,000 | 55138 | ||||
| 4K5 | 715-651 | Drinking Water Protection | $ | 7,202,901 | $ | 7,492,035 | 55139 | ||||
| 4P5 | 715-654 | Cozart Landfill | $ | 149,728 | $ | 149,728 | 55140 | ||||
| 4R5 | 715-656 | Scrap Tire Management | $ | 6,000,000 | $ | 6,000,000 | 55141 | ||||
| 4R9 | 715-658 | Voluntary Action Program | $ | 1,008,765 | $ | 1,032,098 | 55142 | ||||
| 4T3 | 715-659 | Clean Air - Title V Permit Program | $ | 16,960,373 | $ | 17,180,980 | 55143 | ||||
| 4U7 | 715-660 | Construction & Demolition Debris | $ | 586,797 | $ | 582,305 | 55144 | ||||
| 5BC | 715-617 | Clean Ohio | $ | 556,223 | $ | 741,646 | 55145 | ||||
| 5BC | 715-622 | Local Air Pollution Control | $ | 769,775 | $ | 1,026,369 | 55146 | ||||
| 5BC | 715-624 | Surface Water | $ | 6,572,730 | $ | 8,797,413 | 55147 | ||||
| 5BC | 715-667 | Groundwater | $ | 820,304 | $ | 1,093,741 | 55148 | ||||
| 5BC | 715-672 | Air Pollution Control | $ | 3,923,187 | $ | 5,199,290 | 55149 | ||||
| 5BC | 715-673 | Drinking Water | $ | 1,912,684 | $ | 2,550,250 | 55150 | ||||
| 5BC | 715-675 | Hazardous Waste | $ | 75,635 | $ | 100,847 | 55151 | ||||
| 5BC | 715-676 | Assistance and Prevention | $ | 525,226 | $ | 700,302 | 55152 | ||||
| 5BC | 715-677 | Laboratory | $ | 912,247 | $ | 1,216,333 | 55153 | ||||
| 5BC | 715-678 | Corrective Action | $ | 884,830 | $ | 1,179,775 | 55154 | ||||
| 5H4 | 715-664 | Groundwater Support | $ | 2,325,922 | $ | 2,408,871 | 55155 | ||||
| 5N2 | 715-613 | Dredge and Fill | $ | 30,000 | $ | 30,000 | 55156 | ||||
| 500 | 715-608 | Immediate Removal Special Account | $ | 482,000 | $ | 482,000 | 55157 | ||||
| 503 | 715-621 | Hazardous Waste Facility Management | $ | 11,270,231 | $ | 11,711,473 | 55158 | ||||
| 505 | 715-623 | Hazardous Waste Cleanup | $ | 11,482,988 | $ | 11,482,988 | 55159 | ||||
| 505 | 715-674 | Clean Ohio Environmental Review | $ | 104,500 | $ | 109,725 | 55160 | ||||
| 541 | 715-670 | Site Specific Cleanup | $ | 33,000 | $ | 34,650 | 55161 | ||||
| 542 | 715-671 | Risk Management Reporting | $ | 146,188 | $ | 146,188 | 55162 | ||||
| 592 | 715-627 | Anti Tampering Settlement | $ | 17,203 | $ | 9,707 | 55163 | ||||
| 6A1 | 715-645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 55164 | ||||
| 602 | 715-626 | Motor Vehicle Inspection and Maintenance | $ | 1,190,944 | $ | 250,000 | 55165 | ||||
| 644 | 715-631 | ER Radiological Safety | $ | 286,114 | $ | 286,114 | 55166 | ||||
| 660 | 715-629 | Infectious Waste Management | $ | 160,000 | $ | 100,000 | 55167 | ||||
| 676 | 715-642 | Water Pollution Control Loan Administration | $ | 4,964,625 | $ | 4,964,625 | 55168 | ||||
| 678 | 715-635 | Air Toxic Release | $ | 210,621 | $ | 210,622 | 55169 | ||||
| 679 | 715-636 | Emergency Planning | $ | 2,828,647 | $ | 2,828,647 | 55170 | ||||
| 696 | 715-643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 55171 | ||||
| 699 | 715-644 | Water Pollution Control Administration | $ | 750,000 | $ | 750,000 | 55172 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 118,884,952 | $ | 125,920,957 | 55173 | ||||||
| Clean Ohio Revitalization Fund Group | 55174 |
| 5S1 | 715-607 | Clean Ohio - Operating | $ | 208,174 | $ | 208,174 | 55175 | ||||
| TOTAL CLF Clean Ohio Revitalization Fund Group | $ | 208,174 | $ | 208,174 | 55176 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 181,847,877 | $ | 185,211,609 | 55177 | ||||||
| CASH TRANSFER FOR ENVIRONMENTAL PROTECTION FUND | 55178 |
| On July 1, 2005, or as soon as possible thereafter, the | 55179 |
| Director of Budget and Management shall transfer $1,000,000 in | 55180 |
| cash from the Central Support Indirect Fund (Fund 219) into the | 55181 |
| Environmental Protection Fund (Fund 5BC). | 55182 |
| On July 1, 2005, or as soon as possible thereafter, the | 55183 |
| Director of Budget and Management shall transfer $6,000,000 in | 55184 |
| cash from the Hazardous Waste Facility Management Fund (Fund 503) | 55185 |
| into the Environmental Protection Fund (Fund 5BC). Of this amount, | 55186 |
| $3,500,000 shall be repaid to the Hazardous Waste Facility | 55187 |
| Management Fund (Fund 503) not later than June 30, 2007. | 55188 |
| On July 1, 2005, or as soon as possible thereafter, the | 55189 |
| Director of Budget and Management shall transfer $3,000,000 in | 55190 |
| cash from the Solid Waste Fund (Fund 4K3) into the Environmental | 55191 |
| Protection Fund (Fund 5BC). Of this amount, $2,000,000 shall be | 55192 |
| repaid to the Solid Waste Fund (Fund 4K3) not later than June 30, | 55193 |
| 2007. | 55194 |
| On July 1, 2005, or as soon as possible thereafter, the | 55195 |
| Director of Budget and Management shall transfer $1,000,000 in | 55196 |
| cash from the Hazardous Waste Cleanup Fund (Fund 505) into the | 55197 |
| Environmental Protection Fund (Fund 5BC). All $1,000,000 of this | 55198 |
| transfer shall be repaid to the Hazardous Waste Cleanup Fund (Fund | 55199 |
| 505) not later than June 30, 2007. | 55200 |
| Not later than May 31, 2006, the Director of Environmental | 55201 |
| Protection shall certify to the Director of Budget and Management | 55202 |
| the amount of cash to transfer from the Environmental Protection | 55203 |
| Fund (Fund 5BC) to the Hazardous Waste Facility Management Fund | 55204 |
| (Fund 503), the Solid Waste Fund (Fund 4K3), and the Hazardous | 55205 |
| Waste Cleanup Fund (Fund 505). The transfer shall provide a | 55206 |
| portion of the amount required to be repaid to each fund and shall | 55207 |
| not exceed a total of $4,000,000. | 55208 |
| Not later than May 31, 2007, the Director of Environmental | 55209 |
| Protection shall certify to the Director of Budget and Management | 55210 |
| the amount of cash to transfer from the Environmental Protection | 55211 |
| Fund (Fund 5BC) to repay the Hazardous Waste Facility Management | 55212 |
| Fund (Fund 503), the Solid Waste Fund (Fund 4K3), and the | 55213 |
| Hazardous Waste Cleanup Fund (Fund 505). The amount of this | 55214 |
| transfer shall equal the remainder of the amount required to be | 55215 |
| repaid to each fund. | 55216 |
| Section 206.30. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION | 55217 |
| General Revenue Fund | 55218 |
| GRF | 172-321 | Operating Expenses | $ | 479,161 | $ | 483,859 | 55219 | ||||
| TOTAL GRF General Revenue Fund | $ | 479,161 | $ | 483,859 | 55220 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 479,161 | $ | 483,859 | 55221 | ||||||
| Section 206.33. ETH OHIO ETHICS COMMISSION | 55223 |
| General Revenue Fund | 55224 |
| GRF | 146-321 | Operating Expenses | $ | 1,476,213 | $ | 1,476,213 | 55225 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,476,213 | $ | 1,476,213 | 55226 | ||||||
| General Services Fund Group | 55227 |
| 4M6 | 146-601 | Operating Expenses | $ | 502,543 | $ | 432,543 | 55228 | ||||
| TOTAL GSF General Services | 55229 | ||||||||||
| Fund Group | $ | 502,543 | $ | 432,543 | 55230 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,978,756 | $ | 1,908,756 | 55231 | ||||||
| Section 206.36. EXP OHIO EXPOSITIONS COMMISSION | 55233 |
| General Revenue Fund | 55234 |
| GRF | 723-403 | Junior Fair Subsidy | $ | 400,000 | $ | 400,000 | 55235 | ||||
| TOTAL GRF General Revenue Fund | $ | 400,000 | $ | 400,000 | 55236 | ||||||
| State Special Revenue Fund Group | 55237 |
| 4N2 | 723-602 | Ohio State Fair Harness Racing | $ | 520,000 | $ | 520,000 | 55238 | ||||
| 506 | 723-601 | Operating Expenses | $ | 13,643,315 | $ | 13,643,315 | 55239 | ||||
| TOTAL SSR State Special Revenue | 55240 | ||||||||||
| Fund Group | $ | 14,163,315 | $ | 14,163,315 | 55241 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,563,315 | $ | 14,563,315 | 55242 | ||||||
| Section 206.39. GOV OFFICE OF THE GOVERNOR | 55244 |
| General Revenue Fund | 55245 |
| GRF | 040-321 | Operating Expenses | $ | 3,981,582 | $ | 3,981,582 | 55246 | ||||
| GRF | 040-403 | Federal Relations | $ | 422,760 | $ | 422,760 | 55247 | ||||
| GRF | 040-408 | Office of Veterans' Affairs | $ | 267,923 | $ | 267,923 | 55248 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,672,265 | $ | 4,672,265 | 55249 | ||||||
| General Services Fund Group | 55250 |
| 5AK | 040-607 | Federal Relations | $ | 354,514 | $ | 354,514 | 55251 | ||||
| TOTAL GSF General Services Fund Group | $ | 354,514 | $ | 354,514 | 55252 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,026,779 | $ | 5,026,779 | 55253 |
| APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR | 55254 |
| The Governor may expend a portion of the foregoing | 55255 |
| appropriation item 040-321, Operating Expenses, to hire or appoint | 55256 |
| legal counsel to be used in proceedings involving the Governor in | 55257 |
| the Governor's official capacity or the Governor's office only, | 55258 |
| without the approval of the Attorney General, notwithstanding | 55259 |
| sections 109.02 and 109.07 of the Revised Code. | 55260 |
| FEDERAL RELATIONS | 55261 |
| A portion of the foregoing appropriation items 040-403, | 55262 |
| Federal Relations, and 040-607, Federal Relations, may be used to | 55263 |
| support Ohio's membership in national or regional associations. | 55264 |
| The Office of the Governor may charge any state agency of the | 55265 |
| executive branch using an intrastate transfer voucher such amounts | 55266 |
| necessary to defray the costs incurred for the conduct of federal | 55267 |
| relations associated with issues that can be attributed to the | 55268 |
| agency. Amounts collected shall be deposited to the Office of the | 55269 |
| Governor Federal Relations Fund (Fund 5AK). | 55270 |
| Section 206.42. DOH DEPARTMENT OF HEALTH | 55271 |
| General Revenue Fund | 55272 |
| GRF | 440-407 | Animal Borne Disease and Prevention | $ | 2,452,101 | $ | 2,452,101 | 55273 | ||||
| GRF | 440-412 | Cancer Incidence Surveillance System | $ | 1,002,619 | $ | 1,002,619 | 55274 | ||||
| GRF | 440-413 | Local Health Department Support | $ | 3,786,794 | $ | 3,786,794 | 55275 | ||||
| GRF | 440-416 | Child and Family Health Services | $ | 8,992,874 | $ | 8,992,874 | 55276 | ||||
| GRF | 440-418 | Immunizations | $ | 8,600,615 | $ | 8,600,615 | 55277 | ||||
| GRF | 440-444 | AIDS Prevention and Treatment | $ | 7,158,127 | $ | 7,158,127 | 55278 | ||||
| GRF | 440-446 | Infectious Disease Prevention | $ | 200,000 | $ | 200,000 | 55279 | ||||
| GRF | 440-451 | Lab and Public Health Prevention Programs | $ | 6,085,250 | $ | 6,085,250 | 55280 | ||||
| GRF | 440-452 | Child and Family Health Services Match | $ | 1,024,017 | $ | 1,024,017 | 55281 | ||||
| GRF | 440-453 | Health Care Quality Assurance | $ | 10,253,728 | $ | 10,253,728 | 55282 | ||||
| GRF | 440-454 | Local Environmental Health | $ | 889,752 | $ | 889,752 | 55283 | ||||
| GRF | 440-459 | Help Me Grow | $ | 9,323,797 | $ | 9,323,797 | 55284 | ||||
| GRF | 440-461 | Center for Vital and Health Stats | $ | 3,629,535 | $ | 3,629,535 | 55285 | ||||
| GRF | 440-505 | Medically Handicapped Children | $ | 5,074,974 | $ | 5,074,974 | 55286 | ||||
| GRF | 440-507 | Targeted Health Care Services Over 21 | $ | 731,023 | $ | 731,023 | 55287 | ||||
| TOTAL GRF General Revenue Fund | $ | 69,205,206 | $ | 69,205,206 | 55288 | ||||||
| General Services Fund Group | 55289 |
| 142 | 440-618 | Agency Health Services | $ | 2,461,915 | $ | 2,561,915 | 55290 | ||||
| 211 | 440-613 | Central Support Indirect Costs | $ | 26,584,707 | $ | 26,584,707 | 55291 | ||||
| 473 | 440-622 | Lab Operating Expenses | $ | 4,154,045 | $ | 4,154,045 | 55292 | ||||
| 683 | 440-633 | Employee Assistance Program | $ | 1,208,214 | $ | 1,208,214 | 55293 | ||||
| 698 | 440-634 | Nurse Aide Training | $ | 180,000 | $ | 180,000 | 55294 | ||||
| TOTAL GSF General Services | 55295 | ||||||||||
| Fund Group | $ | 34,588,881 | $ | 34,688,881 | 55296 | ||||||
| Federal Special Revenue Fund Group | 55297 |
| 320 | 440-601 | Maternal Child Health Block Grant | $ | 28,779,322 | $ | 29,025,635 | 55298 | ||||
| 387 | 440-602 | Preventive Health Block Grant | $ | 7,755,005 | $ | 7,826,659 | 55299 | ||||
| 389 | 440-604 | Women, Infants, and Children | $ | 219,920,083 | $ | 230,077,451 | 55300 | ||||
| 391 | 440-606 | Medicaid/Medicare | $ | 24,211,198 | $ | 24,850,959 | 55301 | ||||
| 392 | 440-618 | Federal Public Health Programs | $ | 126,678,202 | $ | 127,677,458 | 55302 | ||||
| TOTAL FED Federal Special Revenue | 55303 | ||||||||||
| Fund Group | $ | 407,343,810 | $ | 419,458,162 | 55304 | ||||||
| State Special Revenue Fund Group | 55305 |
| 4D6 | 440-608 | Genetics Services | $ | 2,617,000 | $ | 2,617,000 | 55306 | ||||
| 4F9 | 440-610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 55307 | ||||
| 4G0 | 440-636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 55308 | ||||
| 4G0 | 440-637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 55309 | ||||
| 4L3 | 440-609 | Non-Governmental Grants and Awards | $ | 144,119 | $ | 144,119 | 55310 | ||||
| 4T4 | 440-603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 55311 | ||||
| 4V6 | 440-641 | Save Our Sight | $ | 1,767,994 | $ | 1,767,994 | 55312 | ||||
| 470 | 440-618 | Fee Supported Programs | $ | 16,025,194 | $ | 16,025,194 | 55313 | ||||
| 471 | 440-619 | Certificate of Need | $ | 581,572 | $ | 594,572 | 55314 | ||||
| 477 | 440-627 | Medically Handicapped Children Audit | $ | 3,800,000 | $ | 3,693,016 | 55315 | ||||
| 5BL | 440-638 | Healthy Ohioans | $ | 5,000,000 | $ | 0 | 55316 | ||||
| 5B5 | 440-616 | Quality, Monitoring, and Inspection | $ | 838,479 | $ | 838,479 | 55317 | ||||
| 5C0 | 440-615 | Alcohol Testing and Permit | $ | 1,455,405 | $ | 1,455,405 | 55318 | ||||
| 5D6 | 440-620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 55319 | ||||
| 5G4 | 440-639 | Adoption Services | $ | 20,000 | $ | 20,000 | 55320 | ||||
| 5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 617,517 | $ | 617,517 | 55321 | ||||
| 610 | 440-626 | Radiation Emergency Response | $ | 850,000 | $ | 850,000 | 55322 | ||||
| 666 | 440-607 | Medically Handicapped Children - County Assessments | $ | 14,320,687 | $ | 14,320,687 | 55323 | ||||
| TOTAL SSR State Special Revenue | 55324 | ||||||||||
| Fund Group | $ | 50,372,156 | $ | 45,278,172 | 55325 | ||||||
| Holding Account Redistribution Fund Group | 55326 |
| R14 | 440-631 | Vital Statistics | $ | 70,000 | $ | 70,000 | 55327 | ||||
| R48 | 440-625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 55328 | ||||
| TOTAL 090 Holding Account | 55329 | ||||||||||
| Redistribution Fund Group | $ | 90,000 | $ | 90,000 | 55330 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 561,600,053 | $ | 568,720,421 | 55331 | ||||||
| Section 206.42.03. CHILD AND FAMILY HEALTH SERVICES | 55333 |
| Of the foregoing appropriation item 440-416, Child and Family | 55334 |
| Health Services, not more than $1,700,000 in each fiscal year | 55335 |
| shall be used for women's health services. | 55336 |
| Of the foregoing appropriation item 440-416, Child and Family | 55337 |
| Health Services, not more than $270,000 shall be used in each | 55338 |
| fiscal year for the OPTIONS dental care access program. | 55339 |
| Of the foregoing appropriation item 440-416, Child and Family | 55340 |
| Health Services, not more than $900,000 in each fiscal year shall | 55341 |
| be used by federally qualified health centers and federally | 55342 |
| designated look-alikes to provide services to uninsured low-income | 55343 |
| persons. | 55344 |
| Of the foregoing appropriation item 440-416, Child and Family | 55345 |
| Health Services, not more than $500,000 in each fiscal year shall | 55346 |
| be used for abstinence-only education. The Director of Health | 55347 |
| shall develop guidelines for the establishment of abstinence | 55348 |
| programs for teenagers with the purpose of decreasing unplanned | 55349 |
| pregnancies and abortion. The guidelines shall be developed | 55350 |
| pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, | 55351 |
| and shall include, but are not limited to, advertising campaigns | 55352 |
| and direct training in schools and other locations. | 55353 |
| Section 206.42.06. WOMEN'S HEALTH SERVICES | 55354 |
| None of the funds received through grants for women's health | 55355 |
| services under this section from the foregoing appropriation item | 55356 |
| 440-416, Child and Family Health Services, shall be used to | 55357 |
| provide abortion services. None of the funds received through | 55358 |
| these grants shall be used for counseling for or referrals for | 55359 |
| abortion, except in the case of a medical emergency. These funds | 55360 |
| shall be distributed by the Director of Health to programs that | 55361 |
| the Department of Health determines will provide services that are | 55362 |
| physically and financially separate from abortion-providing and | 55363 |
| abortion-promoting activities, and that do not include counseling | 55364 |
| for or referrals for abortion, other than in the case of medical | 55365 |
| emergency. | 55366 |
| These women's health services include and are limited to the | 55367 |
| following: pelvic examinations and laboratory testing; breast | 55368 |
| examinations and patient education on breast cancer; screening for | 55369 |
| cervical cancer; screening and treatment for Sexually Transmitted | 55370 |
| Diseases (STDs) and HIV screening; voluntary choice of | 55371 |
| contraception, including abstinence and natural family planning; | 55372 |
| patient education and pre-pregnancy counseling on the dangers of | 55373 |
| smoking, alcohol, and drug use during pregnancy; education on | 55374 |
| sexual coercion and violence in relationships; and prenatal care | 55375 |
| or referral for prenatal care. These health care services shall be | 55376 |
| provided by licensed doctors, licensed nurses, licensed medical | 55377 |
| assistants, licensed counselors, and licensed social workers in a | 55378 |
| medical clinic setting. | 55379 |
| The Director of Health shall adopt rules under Chapter 119. | 55380 |
| of the Revised Code specifying reasonable eligibility standards | 55381 |
| that must be met to receive the state funding and provide | 55382 |
| reasonable methods by which a grantee wishing to be eligible for | 55383 |
| federal funding may comply with these requirements for state | 55384 |
| funding without losing its eligibility for federal funding. | 55385 |
| Each applicant for these funds shall provide sufficient | 55386 |
| assurance to the Director of Health of all of the following: | 55387 |
| (A) The program shall not discriminate in the provision of | 55388 |
| services based on an individual's religion, race, national origin, | 55389 |
| handicapping condition, age, sex, number of pregnancies, or | 55390 |
| marital status; | 55391 |
| (B) The program shall provide services without subjecting | 55392 |
| individuals to any coercion to accept services or to employ any | 55393 |
| particular methods of family planning; | 55394 |
| (C) Acceptance of services shall be solely on a voluntary | 55395 |
| basis and may not be made a prerequisite to eligibility for, or | 55396 |
| receipt of, any other service, assistance from, or participation | 55397 |
| in, any other program of the service provider; | 55398 |
| (D) The costs for services provided by the program, if any | 55399 |
| are charged, shall be based on the patient's ability to pay and | 55400 |
| priority in the provision of services shall be given to persons | 55401 |
| from low-income families. | 55402 |
| In distributing these grant funds, the Director of Health | 55403 |
| shall give priority to grant requests from local departments of | 55404 |
| health for women's health services to be provided directly by | 55405 |
| personnel of the local department of health. The Director of | 55406 |
| Health shall issue a single request for proposals for all grants | 55407 |
| under this set-aside. The Director of Health shall send a | 55408 |
| notification of this request for proposals to every local | 55409 |
| department of health in this state and shall place a notification | 55410 |
| on the department's web site. The Director shall allow at least 30 | 55411 |
| days after issuing this notification before closing the period to | 55412 |
| receive applications. | 55413 |
| After the closing date for receiving grant applications, the | 55414 |
| Director of Health shall first consider grant applications from | 55415 |
| local departments of health that apply for grants for women's | 55416 |
| health services to be provided directly by personnel of the local | 55417 |
| department of health. Local departments of health that apply for | 55418 |
| grants for women's health services to be provided directly by | 55419 |
| personnel of the local department of health need not provide all | 55420 |
| the listed women's health services in order to qualify for a | 55421 |
| grant. However, in prioritizing awards among local departments of | 55422 |
| health that qualify for funding under this paragraph, the Director | 55423 |
| of Health may consider, among other reasonable factors, the | 55424 |
| comprehensiveness of the women's health services to be offered, | 55425 |
| provided that no local department of health shall be discriminated | 55426 |
| against in the process of awarding these grant funds because the | 55427 |
| applicant does not provide contraception. | 55428 |
| If funds remain after awarding grants to all local | 55429 |
| departments of health that qualify for the priority, the Director | 55430 |
| of Health may make grants to other applicants. Awards to other | 55431 |
| applicants may be made to those applicants that will offer all | 55432 |
| eight of the listed women's health services or that will offer all | 55433 |
| of the services except contraception. No applicant shall be | 55434 |
| discriminated against in the process of awarding these grant funds | 55435 |
| because the applicant does not provide contraception. | 55436 |
| Section 206.42.09. HIV/AIDS PREVENTION/TREATMENT | 55437 |
| Of the foregoing appropriation item 440-444, AIDS Prevention | 55438 |
| and Treatment, not more than $6.7 million per fiscal year shall be | 55439 |
| used to assist persons with HIV/AIDS in acquiring HIV-related | 55440 |
| medications. | 55441 |
| INFECTIOUS DISEASE PREVENTION | 55442 |
| The foregoing appropriation item 440-446, Infectious Disease | 55443 |
| Prevention, shall be used for the purchase of drugs for sexually | 55444 |
| transmitted diseases. | 55445 |
| HELP ME GROW | 55446 |
| The foregoing appropriation item 440-459, Help Me Grow, shall | 55447 |
| be used by the Department of Health to distribute subsidies to | 55448 |
| counties to implement the Help Me Grow Program. Appropriation item | 55449 |
| 440-459, Help Me Grow, may be used in conjunction with Temporary | 55450 |
| Assistance for Needy Families from the Department of Job and | 55451 |
| Family Services, Early Intervention funding from the Department of | 55452 |
| Mental Retardation and Developmental Disabilities, and in | 55453 |
| conjunction with other early childhood funds and services to | 55454 |
| promote the optimal development of young children. Local contracts | 55455 |
| shall be developed between local departments of job and family | 55456 |
| services and family and children first councils for the | 55457 |
| administration of TANF funding for the Help Me Grow Program. The | 55458 |
| Department of Health shall enter into an interagency agreement | 55459 |
| with the Department of Education, Department of Mental Retardation | 55460 |
| and Developmental Disabilities, Department of Job and Family | 55461 |
| Services, and Department of Mental Health to ensure that all early | 55462 |
| childhood programs and initiatives are coordinated and school | 55463 |
| linked. | 55464 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 55465 |
| In each fiscal year, appropriation item 440-507, Targeted | 55466 |
| Health Care Services Over 21, shall be used to administer the | 55467 |
| cystic fibrosis program and implement the Hemophilia Insurance | 55468 |
| Premium Payment Program. | 55469 |
| MATERNAL CHILD HEALTH BLOCK GRANT | 55470 |
| Of the foregoing appropriation item 440-601, Maternal Child | 55471 |
| Health Block Grant (Fund 320), $2,091,299 shall be used in each | 55472 |
| fiscal year for the purposes of abstinence-only education. The | 55473 |
| Director of Health shall develop guidelines for the establishment | 55474 |
| of abstinence programs for teenagers with the purpose of | 55475 |
| decreasing unplanned pregnancies and abortion. The guidelines | 55476 |
| shall be developed under Title V of the "Social Security Act," 42 | 55477 |
| U.S.C. 510, and shall include, but are not limited to, advertising | 55478 |
| campaigns and direct training in schools and other locations. | 55479 |
| GENETICS SERVICES | 55480 |
| The foregoing appropriation item 440-608, Genetics Services | 55481 |
| (Fund 4D6), shall be used by the Department of Health to | 55482 |
| administer programs authorized by sections 3701.501 and 3701.502 | 55483 |
| of the Revised Code. None of these funds shall be used to counsel | 55484 |
| or refer for abortion, except in the case of a medical emergency. | 55485 |
| SAFETY AND QUALITY OF CARE STANDARDS | 55486 |
| The Department of Health may use Fund 471, Certificate of | 55487 |
| Need, for administering sections 3702.11 to 3702.20 and 3702.30 of | 55488 |
| the Revised Code in each fiscal year. | 55489 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 55490 |
| The Medically Handicapped Children Audit Fund (Fund 477) | 55491 |
| shall receive revenue from audits of hospitals and recoveries from | 55492 |
| third-party payers. Moneys may be expended for payment of audit | 55493 |
| settlements and for costs directly related to obtaining recoveries | 55494 |
| from third-party payers and for encouraging Medically Handicapped | 55495 |
| Children's Program recipients to apply for third-party benefits. | 55496 |
| Moneys also may be expended for payments for diagnostic and | 55497 |
| treatment services on behalf of medically handicapped children, as | 55498 |
| defined in division (A) of section 3701.022 of the Revised Code, | 55499 |
| and Ohio residents who are twenty-one or more years of age and who | 55500 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 55501 |
| be expended for administrative expenses incurred in operating the | 55502 |
| Medically Handicapped Children's Program. | 55503 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 55504 |
| PERMIT FUND | 55505 |
| The Director of Budget and Management, pursuant to a plan | 55506 |
| submitted by the Department of Health, or as otherwise determined | 55507 |
| by the Director of Budget and Management, shall set a schedule to | 55508 |
| transfer cash from the Liquor Control Fund (Fund 043) to the | 55509 |
| Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 55510 |
| needs of the Alcohol Testing and Permit program. | 55511 |
| The Director of Budget and Management shall transfer to the | 55512 |
| Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 55513 |
| Fund (Fund 043) created in section 4301.12 of the Revised Code | 55514 |
| such amounts at such times as determined by the transfer schedule. | 55515 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 55516 |
| The foregoing appropriation item 440-607, Medically | 55517 |
| Handicapped Children - County Assessments (Fund 666), shall be | 55518 |
| used to make payments under division (E) of section 3701.023 of | 55519 |
| the Revised Code. | 55520 |
| NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM | 55521 |
| The Director of Budget and Management shall transfer, by | 55522 |
| intrastate transfer voucher, each fiscal year, cash from Fund 4E3, | 55523 |
| Resident Protection Fund, in the Ohio Department of Job and Family | 55524 |
| Services, to Fund 5L1, Nursing Facility Technical Assistance | 55525 |
| Program Fund, in the Ohio Department of Health, to be used under | 55526 |
| section 3721.026 of the Revised Code. The transfers shall equal | 55527 |
| $183,843 in fiscal year 2006 and $617,517 in fiscal year 2007. | 55528 |
| Section 206.45. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 55529 |
| Agency Fund Group | 55530 |
| 461 | 372-601 | Operating Expenses | $ | 16,819 | $ | 16,819 | 55531 | ||||
| TOTAL AGY Agency Fund Group | $ | 16,819 | $ | 16,819 | 55532 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,819 | $ | 16,819 | 55533 | ||||||
| Section 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 55535 |
| General Revenue Fund | 55536 |
| GRF | 148-100 | Personal Services | $ | 145,880 | $ | 145,880 | 55537 | ||||
| GRF | 148-200 | Maintenance | $ | 35,901 | $ | 35,901 | 55538 | ||||
| TOTAL GRF General Revenue Fund | $ | 181,781 | $ | 181,781 | 55539 | ||||||
| General Services Fund Group | 55540 |
| 601 | 148-602 | Gifts and Miscellaneous | $ | 5,000 | $ | 5,000 | 55541 | ||||
| TOTAL GSF General Services | 55542 | ||||||||||
| Fund Group | $ | 5,000 | $ | 5,000 | 55543 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 186,781 | $ | 186,781 | 55544 | ||||||
| Section 206.51. OHS OHIO HISTORICAL SOCIETY | 55546 |
| General Revenue Fund | 55547 |
| GRF | 360-501 | Operating Subsidy | $ | 3,288,274 | $ | 3,288,274 | 55548 | ||||
| GRF | 360-502 | Site Operations | $ | 8,138,725 | $ | 8,138,725 | 55549 | ||||
| GRF | 360-504 | Ohio Preservation Office | $ | 281,041 | $ | 281,041 | 55550 | ||||
| GRF | 360-505 | Afro-American Museum | $ | 754,884 | $ | 754,884 | 55551 | ||||
| GRF | 360-506 | Hayes Presidential Center | $ | 509,231 | $ | 509,231 | 55552 | ||||
| TOTAL GRF General Revenue Fund | $ | 12,972,155 | $ | 12,972,155 | 55553 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,972,155 | $ | 12,972,155 | 55554 | ||||||
| SUBSIDY APPROPRIATION | 55555 |
| Upon approval by the Director of Budget and Management, the | 55556 |
| foregoing appropriation items shall be released to the Ohio | 55557 |
| Historical Society in quarterly amounts that in total do not | 55558 |
| exceed the annual appropriations. The funds and fiscal records of | 55559 |
| the society for fiscal years 2006 and 2007 shall be examined by | 55560 |
| independent certified public accountants approved by the Auditor | 55561 |
| of State, and a copy of the audited financial statements shall be | 55562 |
| filed with the Office of Budget and Management. The society shall | 55563 |
| prepare and submit to the Office of Budget and Management the | 55564 |
| following: | 55565 |
| (A) An estimated operating budget for each fiscal year of the | 55566 |
| biennium. The operating budget shall be submitted at or near the | 55567 |
| beginning of each calendar year. | 55568 |
| (B) Financial reports, indicating actual receipts and | 55569 |
| expenditures for the fiscal year to date. These reports shall be | 55570 |
| filed at least semiannually during the fiscal biennium. | 55571 |
| The foregoing appropriations shall be considered to be the | 55572 |
| contractual consideration provided by the state to support the | 55573 |
| state's offer to contract with the Ohio Historical Society under | 55574 |
| section 149.30 of the Revised Code. | 55575 |
| HAYES PRESIDENTIAL CENTER | 55576 |
| If a United States government agency, including, but not | 55577 |
| limited to, the National Park Service, chooses to take over the | 55578 |
| operations or maintenance of the Hayes Presidential Center, in | 55579 |
| whole or in part, the Ohio Historical Society shall make | 55580 |
| arrangements with the National Park Service or other United States | 55581 |
| government agency for the efficient transfer of operations or | 55582 |
| maintenance. | 55583 |
| Section 206.54. REP OHIO HOUSE OF REPRESENTATIVES | 55584 |
| General Revenue Fund | 55585 |
| GRF | 025-321 | Operating Expenses | $ | 20,169,168 | $ | 20,370,859 | 55586 | ||||
| TOTAL GRF General Revenue Fund | $ | 20,169,168 | $ | 20,370,859 | 55587 | ||||||
| General Services Fund Group | 55588 |
| 103 | 025-601 | House Reimbursement | $ | 1,419,469 | $ | 1,419,469 | 55589 | ||||
| 4A4 | 025-602 | Miscellaneous Sales | $ | 37,474 | $ | 37,474 | 55590 | ||||
| TOTAL GSF General Services | 55591 | ||||||||||
| Fund Group | $ | 1,456,943 | $ | 1,456,943 | 55592 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,626,111 | $ | 21,827,802 | 55593 | ||||||
| OPERATING EXPENSES | 55594 |
| On July 1, 2005, or as soon as possible thereafter, the Chief | 55595 |
| Administrative Officer of the House of Representatives shall | 55596 |
| certify to the Director of Budget and Management the total fiscal | 55597 |
| year 2005 unencumbered appropriations in appropriation item | 55598 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 55599 |
| direct the Director of Budget and Management to transfer an amount | 55600 |
| not to exceed the total fiscal year 2005 unencumbered | 55601 |
| appropriations to fiscal year 2006 for use within appropriation | 55602 |
| item 025-321, Operating Expenses. Additional appropriation | 55603 |
| authority equal to the amount certified by the Chief | 55604 |
| Administrative Officer is hereby appropriated to appropriation | 55605 |
| item 025-321, Operating Expenses, in fiscal year 2006. | 55606 |
| On July 1, 2006, or as soon as possible thereafter, the Chief | 55607 |
| Administrative Officer of the House of Representatives shall | 55608 |
| certify to the Director of Budget and Management the total fiscal | 55609 |
| year 2006 unencumbered appropriations in appropriation item | 55610 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 55611 |
| direct the Director of Budget and Management to transfer an amount | 55612 |
| not to exceed the total fiscal year 2006 unencumbered | 55613 |
| appropriations to fiscal year 2007 for use within appropriation | 55614 |
| item 025-321, Operating Expenses. Additional appropriation | 55615 |
| authority equal to the amount certified by the Chief | 55616 |
| Administrative Officer is hereby appropriated to appropriation | 55617 |
| item 025-321, Operating Expenses, in fiscal year 2007. | 55618 |
| Section 206.57. HFA OHIO HOUSING FINANCE AGENCY | 55619 |
| General Services Fund Group | 55620 |
| 5AZ | 997-601 | Housing Finance Agency Personal Services | $ | 8,100,000 | $ | 8,100,000 | 55621 | ||||
| TOTAL GSF General Services Fund Group | $ | 8,100,000 | $ | 8,100,000 | 55622 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,100,000 | $ | 8,100,000 | 55623 | ||||||
| Section 206.60. IGO OFFICE OF THE INSPECTOR GENERAL | 55625 |
| General Revenue Fund | 55626 |
| GRF | 965-321 | Operating Expenses | $ | 763,280 | $ | 763,280 | 55627 | ||||
| TOTAL GRF General Revenue Fund | $ | 763,280 | $ | 763,280 | 55628 | ||||||
| General Services Fund Group | 55629 |
| 4Z3 | 965-602 | Special Investigations | $ | 100,000 | $ | 100,000 | 55630 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 55631 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 863,280 | $ | 863,280 | 55632 | ||||||
| SPECIAL INVESTIGATIONS | 55633 |
| Of the foregoing appropriation item 965-602, Special | 55634 |
| Investigations, up to $100,000 in each fiscal year may be used for | 55635 |
| investigative costs, pursuant to section 121.481 of the Revised | 55636 |
| Code. | 55637 |
| Section 206.63. INS DEPARTMENT OF INSURANCE | 55638 |
| Federal Special Revenue Fund Group | 55639 |
| 3U5 | 820-602 | OSHIIP Operating Grant | $ | 1,080,000 | $ | 1,080,000 | 55640 | ||||
| TOTAL FED Federal Special | 55641 | ||||||||||
| Revenue Fund Group | $ | 1,080,000 | $ | 1,080,000 | 55642 | ||||||
| State Special Revenue Fund Group | 55643 |
| 554 | 820-601 | Operating Expenses - OSHIIP | $ | 564,754 | $ | 571,772 | 55644 | ||||
| 554 | 820-606 | Operating Expenses | $ | 22,654,232 | $ | 22,832,214 | 55645 | ||||
| 555 | 820-605 | Examination | $ | 7,639,581 | $ | 7,639,581 | 55646 | ||||
| TOTAL SSR State Special Revenue | 55647 | ||||||||||
| Fund Group | $ | 30,858,567 | $ | 31,043,567 | 55648 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 31,938,567 | $ | 32,123,567 | 55649 | ||||||
| MARKET CONDUCT EXAMINATION | 55650 |
| When conducting a market conduct examination of any insurer | 55651 |
| doing business in this state, the Superintendent of Insurance may | 55652 |
| assess the costs of the examination against the insurer. The | 55653 |
| superintendent may enter into consent agreements to impose | 55654 |
| administrative assessments or fines for conduct discovered that | 55655 |
| may be violations of statutes or rules administered by the | 55656 |
| superintendent. All costs, assessments, or fines collected shall | 55657 |
| be deposited to the credit of the Department of Insurance | 55658 |
| Operating Fund (Fund 554). | 55659 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 55660 |
| The Director of Budget and Management, at the request of the | 55661 |
| Superintendent of Insurance, may transfer funds from the | 55662 |
| Department of Insurance Operating Fund (Fund 554), created by | 55663 |
| section 3901.021 of the Revised Code, to the Superintendent's | 55664 |
| Examination Fund (Fund 555), created by section 3901.071 of the | 55665 |
| Revised Code, only for expenses incurred in examining domestic | 55666 |
| fraternal benefit societies as required by section 3921.28 of the | 55667 |
| Revised Code. | 55668 |
| Section 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 55669 |
| General Revenue Fund | 55670 |
| GRF | 600-321 | Support Services | 55671 | ||||||||
| State | $ | 62,797,907 | $ | 60,065,397 | 55672 | ||||||
| Federal | $ | 8,114,493 | $ | 8,454,541 | 55673 | ||||||
| Support Services Total | $ | 70,912,400 | $ | 68,519,938 | 55674 | ||||||
| GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | 55675 | ||||
| GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | 55676 | ||||
| GRF | 600-416 | Computer Projects | 55677 | ||||||||
| State | $ | 117,516,710 | $ | 120,226,021 | 55678 | ||||||
| Federal | $ | 38,579,198 | $ | 35,255,465 | 55679 | ||||||
| Computer Projects Total | $ | 156,095,908 | $ | 155,481,486 | 55680 | ||||||
| GRF | 600-420 | Child Support Administration | $ | 5,091,446 | $ | 5,091,446 | 55681 | ||||
| GRF | 600-421 | Office of Family Stability | $ | 4,864,932 | $ | 4,864,932 | 55682 | ||||
| GRF | 600-423 | Office of Children and Families | $ | 5,408,020 | $ | 5,431,690 | 55683 | ||||
| GRF | 600-425 | Office of Ohio Health Plans | 55684 | ||||||||
| State | $ | 24,803,631 | $ | 24,054,873 | 55685 | ||||||
| Federal | $ | 26,539,544 | $ | 25,810,409 | 55686 | ||||||
| Office of Ohio Health Plans Total | $ | 51,343,175 | $ | 49,865,282 | 55687 | ||||||
| GRF | 600-442 | Public Assistance Reconciliation | $ | 30,000,000 | $ | 30,000,000 | 55688 | ||||
| GRF | 600-502 | Child Support Match | $ | 16,814,103 | $ | 16,814,103 | 55689 | ||||
| GRF | 600-511 | Disability Financial Assistance | $ | 22,839,371 | $ | 22,839,371 | 55690 | ||||
| GRF | 600-512 | Non-TANF Emergency Assistance | $ | 1,000,000 | $ | 1,000,000 | 55691 | ||||
| GRF | 600-521 | Family Stability Subsidy | $ | 151,206,401 | $ | 151,206,401 | 55692 | ||||
| GRF | 600-523 | Children and Families Subsidy | $ | 69,438,543 | $ | 69,438,543 | 55693 | ||||
| GRF | 600-525 | Health Care/Medicaid | 55694 | ||||||||
| State | $ | 3,773,642,629 | $ | 3,818,540,675 | 55695 | ||||||
| Federal | $ | 5,646,950,287 | $ | 5,765,592,576 | 55696 | ||||||
| Health Care Total | $ | 9,420,592,916 | $ | 9,584,133,251 | 55697 | ||||||
| GRF | 600-526 | Medicare Part D | $ | 155,349,266 | $ | 339,578,325 | 55698 | ||||
| GRF | 600-528 | Adoption Services | 55699 | ||||||||
| State | $ | 33,698,298 | $ | 35,516,130 | 55700 | ||||||
| Federal | $ | 40,331,807 | $ | 43,022,485 | 55701 | ||||||
| Adoption Services Total | $ | 74,030,105 | $ | 78,538,615 | 55702 | ||||||
| TOTAL GRF General Revenue Fund | 55703 | ||||||||||
| State | $ | 4,831,210,914 | $ | 5,061,407,564 | 55704 | ||||||
| Federal | $ | 5,760,515,329 | $ | 5,878,135,476 | 55705 | ||||||
| GRF Total | $ | 10,591,726,243 | $ | 10,939,543,040 | 55706 | ||||||
| General Services Fund Group | 55707 |
| 4A8 | 600-658 | Child Support Collections | $ | 26,680,794 | $ | 26,680,794 | 55708 | ||||
| 4R4 | 600-665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 55709 | ||||
| 5C9 | 600-671 | Medicaid Program Support | $ | 73,015,021 | $ | 63,947,536 | 55710 | ||||
| 5N1 | 600-677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 55711 | ||||
| 613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | 55712 | ||||
| TOTAL GSF General Services | 55713 | ||||||||||
| Fund Group | $ | 100,867,789 | $ | 91,800,304 | 55714 | ||||||
| Federal Special Revenue Fund Group | 55715 |
| 3A2 | 600-641 | Emergency Food Distribution | $ | 2,600,000 | $ | 2,800,000 | 55716 | ||||
| 3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 55717 | ||||
| 3F0 | 600-623 | Health Care Federal | $ | 542,784,408 | $ | 674,252,692 | 55718 | ||||
| 3F0 | 600-650 | Hospital Care Assurance Match | $ | 343,239,047 | $ | 343,239,047 | 55719 | ||||
| 3G5 | 600-655 | Interagency Reimbursement | $ | 1,364,802,369 | $ | 1,426,954,440 | 55720 | ||||
| 3H7 | 600-617 | Child Care Federal | $ | 208,000,000 | $ | 208,000,000 | 55721 | ||||
| 3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 153,963,142 | $ | 153,963,142 | 55722 | ||||
| 3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 55723 | ||||
| 3V0 | 600-688 | Workforce Investment Act | $ | 208,322,037 | $ | 208,097,948 | 55724 | ||||
| 3V4 | 600-678 | Federal Unemployment Programs | $ | 153,435,545 | $ | 157,202,750 | 55725 | ||||
| 3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,829,430 | $ | 3,800,573 | 55726 | ||||
| 3V6 | 600-689 | TANF Block Grant | $ | 756,604,142 | $ | 781,983,200 | 55727 | ||||
| 3W3 | 600-659 | TANF/Title XX | $ | 8,000,000 | $ | 5,400,000 | 55728 | ||||
| 327 | 600-606 | Child Welfare | $ | 33,160,190 | $ | 33,090,786 | 55729 | ||||
| 331 | 600-686 | Federal Operating | $ | 43,966,134 | $ | 44,929,546 | 55730 | ||||
| 384 | 600-610 | Food Stamps and State Administration | $ | 188,238,706 | $ | 181,250,799 | 55731 | ||||
| 385 | 600-614 | Refugee Services | $ | 5,683,829 | $ | 5,742,439 | 55732 | ||||
| 395 | 600-616 | Special Activities/Child and Family Services | $ | 4,567,112 | $ | 4,564,877 | 55733 | ||||
| 396 | 600-620 | Social Services Block Grant | $ | 120,993,012 | $ | 121,004,222 | 55734 | ||||
| 397 | 600-626 | Child Support | $ | 287,468,576 | $ | 287,468,576 | 55735 | ||||
| 398 | 600-627 | Adoption Maintenance/ Administration | $ | 314,639,519 | $ | 314,639,519 | 55736 | ||||
| TOTAL FED Federal Special Revenue | 55737 | ||||||||||
| Fund Group | $ | 4,746,871,772 | $ | 4,960,959,130 | 55738 | ||||||
| State Special Revenue Fund Group | 55739 |
| 198 | 600-647 | Children's Trust Fund | $ | 6,788,522 | $ | 6,788,522 | 55740 | ||||
| 4A9 | 600-607 | Unemployment Compensation Administration Fund | $ | 11,197,180 | $ | 13,267,311 | 55741 | ||||
| 4A9 | 600-694 | Unemployment Compensation Review Commission | $ | 3,188,473 | $ | 3,188,473 | 55742 | ||||
| 4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 55743 | ||||
| 4E7 | 600-604 | Child and Family Services Collections | $ | 300,000 | $ | 300,000 | 55744 | ||||
| 4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 61,420 | $ | 61,420 | 55745 | ||||
| 4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 34,613,984 | $ | 34,613,984 | 55746 | ||||
| 4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 55747 | ||||
| 4K1 | 600-621 | ICF/MR Bed Assessments | $ | 20,074,255 | $ | 20,064,131 | 55748 | ||||
| 4R3 | 600-687 | Banking Fees | $ | 800,000 | $ | 800,000 | 55749 | ||||
| 4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 55750 | ||||
| 5AA | 600-673 | Ohio's Best Rx Administration | $ | 5,000,000 | $ | 5,000,000 | 55751 | ||||
| 5BE | 600-693 | Child Support Operating | $ | 5,000,000 | $ | 5,000,000 | 55752 | ||||
| 5BG | 600-653 | Managed Care Assessment | $ | 18,795,483 | $ | 99,410,121 | 55753 | ||||
| 5F2 | 600-667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 55754 | ||||
| 5F3 | 600-668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 55755 | ||||
| 5P5 | 600-692 | Health Care Services | $ | 828,587,776 | $ | 538,301,761 | 55756 | ||||
| 5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 55757 | ||||
| 5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 111,129,224 | $ | 111,214,982 | 55758 | ||||
| 5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | 55759 | ||||
| 5U3 | 600-654 | Health Care Services Administration | $ | 10,115,870 | $ | 15,474,709 | 55760 | ||||
| 5U6 | 600-663 | Children and Family Support | $ | 4,929,717 | $ | 4,929,717 | 55761 | ||||
| 5Z9 | 600-672 | TANF Quality Control Reinvestments | $ | 647,409 | $ | 688,421 | 55762 | ||||
| 651 | 600-649 | Hospital Care Assurance Program Fund | $ | 231,893,404 | $ | 231,893,404 | 55763 | ||||
| TOTAL SSR State Special Revenue | 55764 | ||||||||||
| Fund Group | $ | 1,382,579,589 | $ | 1,180,453,828 | 55765 | ||||||
| Agency Fund Group | 55766 |
| 192 | 600-646 | Support Intercept - Federal | $ | 110,000,000 | $ | 110,000,000 | 55767 | ||||
| 5B6 | 600-601 | Food Stamp Intercept | $ | 2,000,000 | $ | 2,000,000 | 55768 | ||||
| 583 | 600-642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 55769 | ||||
| TOTAL AGY Agency Fund Group | $ | 128,000,000 | $ | 128,000,000 | 55770 | ||||||
| Holding Account Redistribution Fund Group | 55771 |
| R12 | 600-643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 55772 | ||||
| R13 | 600-644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 55773 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 55774 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,953,655,393 | $ | 17,304,366,302 | 55775 | ||||||
| Section 206.66.03. APPROPRIATION ITEM RESTRUCTURING | 55777 |
| (A) If the Directors of Job and Family Services and Budget | 55778 |
| and Management agree, the Director of Budget and Management may, | 55779 |
| in fiscal years 2006 and 2007, reduce appropriations in | 55780 |
| appropriation items 600-321, Support Services, and 600-416, | 55781 |
| Computer Projects, by amounts equal to the federal share in each | 55782 |
| appropriation item. The total amount by which these appropriation | 55783 |
| items are reduced in accordance with this division is hereby | 55784 |
| appropriated to appropriation item 600-651, Federal General | 55785 |
| Operating (Fund 3AX). | 55786 |
| (B) The Department of Job and Family Services may submit to | 55787 |
| the Office of Budget and Management a plan to realign | 55788 |
| appropriation items 600-321, Support Services, and 600-416, | 55789 |
| Computer Projects. The plan may include a request for the Director | 55790 |
| of Budget and Management to transfer appropriations from | 55791 |
| appropriation items 600-321, Support Services, and 600-416, | 55792 |
| Computer Projects, to any other General Revenue Fund appropriation | 55793 |
| items in Section 312.03 of this act. If the plan is approved by | 55794 |
| the Office of Budget and Management, the Director of Budget and | 55795 |
| Management shall transfer appropriations as requested in the plan. | 55796 |
| Dollars spent pursuant to appropriations transferred in accordance | 55797 |
| with this division shall be for the same purposes for which the | 55798 |
| original appropriations were made. | 55799 |
| (C) In fiscal year 2007, the Department of Job and Family | 55800 |
| Services, with the approval of the Office of Budget and | 55801 |
| Management, shall utilize a method for determining the payments | 55802 |
| from applicable appropriation items into the Support Services | 55803 |
| State Operating Fund (Fund 230). The method shall contain | 55804 |
| characteristics of administrative ease and uniform application. | 55805 |
| Payments to the Support Services State Operating Fund (Fund 230) | 55806 |
| shall be made by intrastate transfer voucher. Amounts transferred | 55807 |
| in accordance with this division are hereby appropriated to | 55808 |
| appropriation item 600-661, Support Services State Operating (Fund | 55809 |
| 230). | 55810 |
| Section 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND | 55811 |
| COMMUNITY INITIATIVES | 55812 |
| Of the foregoing appropriation item 600-321, Support | 55813 |
| Services, up to $312,500 per fiscal year may be used to support | 55814 |
| the activities of the Governor's Office of Faith-Based and | 55815 |
| Community Initiatives. | 55816 |
| Section 206.66.09. TANF OHIO WORKS FIRST CASH ASSISTANCE | 55817 |
| PAYMENTS | 55818 |
| The Department of Job and Family Services shall use a portion | 55819 |
| of the moneys appropriated for the TANF program in appropriation | 55820 |
| items 600-410, TANF State; 600-658, Child Support Collections; and | 55821 |
| 600-689, TANF Block Grant, to increase the cash assistance | 55822 |
| provided to recipients of benefits under the TANF Ohio Works First | 55823 |
| program by up to 10 per cent as compared to the cash assistance | 55824 |
| provided prior to July 1, 2005. The increased TANF cash assistance | 55825 |
| benefit shall be effective October 1, 2005. | 55826 |
| Section 206.66.12. OHIO'S BEST RX OPERATIONAL COSTS | 55827 |
| An amount equal to the remaining balance in appropriation | 55828 |
| item 600-440, Ohio's Best Rx Operational Costs, from fiscal year | 55829 |
| 2005 is hereby appropriated for fiscal year 2006 into | 55830 |
| appropriation item 600-440, Ohio's Best Rx Operational Costs. An | 55831 |
| amount equal to the remaining unencumbered balance in | 55832 |
| appropriation item 600-440, Ohio's Best Rx Operational Costs, from | 55833 |
| fiscal year 2006 is hereby appropriated for fiscal year 2007 into | 55834 |
| appropriation item 600-440, Ohio's Best Rx Operational Costs. The | 55835 |
| appropriation item 600-440, Ohio's Best Rx Operational Costs, | 55836 |
| shall be used by the Department of Job and Family Services to pay | 55837 |
| for the administrative and operational expenses for the Ohio's | 55838 |
| Best Rx Program in accordance with Chapter 5110. of the Revised | 55839 |
| Code, including costs associated with the duties assigned by the | 55840 |
| Department to the Ohio's Best Rx Program Administrator and for | 55841 |
| making payments to participating terminal distributors until | 55842 |
| sufficient cash exists to make payments from the accounts created | 55843 |
| in sections 5110.32 and 5110.33 of the Revised Code. Of | 55844 |
| appropriation item 600-440, Ohio's Best Rx Operational Costs, not | 55845 |
| more than $750,000 per fiscal year may be used by the department | 55846 |
| for administrative and operational costs, excluding outreach, that | 55847 |
| are not associated with the Ohio's Best Rx Program Administrator | 55848 |
| or the payments to participating terminal distributors. | 55849 |
| If the Director of Job and Family Services estimates that the | 55850 |
| appropriation is sufficient to fully cover start-up costs, the | 55851 |
| Director shall, in consultation with the Director of Budget and | 55852 |
| Management, submit a letter to the Governor, President of the | 55853 |
| Senate, Speaker of the House of Representatives, and the minority | 55854 |
| leaders of the Senate and House of Representatives. The letter | 55855 |
| shall declare the additional appropriation estimated to be needed | 55856 |
| and shall show a breakdown of how the additional appropriation | 55857 |
| will be used. The Director of Job and Family Services shall obtain | 55858 |
| the approval of the Controlling Board for any supplemental | 55859 |
| appropriation, if required. The amount approved by the Controlling | 55860 |
| Board is hereby appropriated. The use of state funds for program | 55861 |
| costs as provided in this section shall in no way obligate the | 55862 |
| state to fund further program costs, as the program is a discount | 55863 |
| program, not an entitlement program. | 55864 |
| OHIO'S BEST RX ADMINISTRATION | 55865 |
| The foregoing appropriation item 600-673, Ohio's Best Rx | 55866 |
| Administration, shall be used on an ongoing basis to cover | 55867 |
| expenses associated with the Ohio's Best Rx Program defined in | 55868 |
| section 5110.33 of the Revised Code. If receipts to the fund | 55869 |
| exceed the appropriated amount, the Director of Job and Family | 55870 |
| Services may request that the Director of Budget and Management | 55871 |
| increase the appropriation of this fund. Upon approval from the | 55872 |
| Director of Budget and Management, the additional amounts are | 55873 |
| hereby appropriated. | 55874 |
| Section 206.66.15. PUBLIC ASSISTANCE RECONCILIATION | 55875 |
| The Director of Job and Family Services may transfer, by | 55876 |
| intrastate transfer voucher, from GRF appropriation item 600-442, | 55877 |
| Public Assistance Reconciliation, up to $30,000,000 in fiscal year | 55878 |
| 2006 and up to $30,000,000 in fiscal year 2007, to the Public | 55879 |
| Assistance Reconciliation Fund (Fund 5AX), to be used by the | 55880 |
| Department of Job and Family Services to reimburse Ohio's federal | 55881 |
| TANF block grant according to the process agreed to by the | 55882 |
| Department and the federal government. Such amounts are hereby | 55883 |
| appropriated. | 55884 |
| Section 206.66.18. CY 2007 COUNTY SHARE OF PUBLIC ASSISTANCE | 55885 |
| EXPENDITURES | 55886 |
| As used in this section, "public assistance expenditures" has | 55887 |
| the same meaning as in section 5101.16 of the Revised Code. | 55888 |
| Notwithstanding section 5101.16 of the Revised Code, a | 55889 |
| county's share of public assistance expenditures for calendar year | 55890 |
| 2007 shall be an amount equal to the county's share of public | 55891 |
| assistance expenditures for calendar year 2006. | 55892 |
| Section 206.66.21. TANF TRANSFERS | 55893 |
| (A) Notwithstanding any provision of law to the contrary, | 55894 |
| through June 30, 2007, if the Director of Budget and Management | 55895 |
| determines that the estimated ending fund balance of the General | 55896 |
| Revenue Fund will be greater than the amounts assumed in this act | 55897 |
| for either fiscal year, the director may transfer the excess | 55898 |
| balance, up to a total of $96,000,000 to Fund 5AX, Public | 55899 |
| Assistance Reconciliation Fund, to pay the state's outstanding | 55900 |
| TANF liability to the federal government. Upon transfer, these | 55901 |
| amounts are hereby appropriated. This division does not apply to | 55902 |
| division (A) of Section 312.09, Budget Stabilization Fund | 55903 |
| Transfers, of this act. | 55904 |
| (B) In executing division (A) of this section and division | 55905 |
| (A) of Section 312.09, Budget Stabilization Fund Transfers, it is | 55906 |
| intended that these divisions be applied and construed so that | 55907 |
| both of the transfers authorized under these divisions may be made | 55908 |
| through June 30, 2007. | 55909 |
| Section 206.66.24. HEALTH CARE/MEDICAID | 55910 |
| The foregoing appropriation item 600-525, Health | 55911 |
| Care/Medicaid, shall not be limited by the provisions of section | 55912 |
| 131.33 of the Revised Code. | 55913 |
| Section 206.66.27. FISCAL YEAR 2006 MEDICAID REIMBURSEMENT | 55914 |
| SYSTEM FOR NURSING FACILITIES | 55915 |
| (A) As used in this section: | 55916 |
| "2003 cost report" means a complete and adequate Medicaid | 55917 |
| cost report covering calendar year 2003 filed with the Department | 55918 |
| of Job and Family Services under section 5111.23 of the Revised | 55919 |
| Code. | 55920 |
| "Change of operator" has the same meaning as in section | 55921 |
| 5111.65 of the Revised Code. | 55922 |
| "Direct care peer group" means the peer group specified in | 55923 |
| rules adopted under division (E) of former section 5111.23 of the | 55924 |
| Revised Code into which a nursing facility is placed as part of | 55925 |
| the calculation of the nursing facility's rate for direct care | 55926 |
| costs. | 55927 |
| "Exiting operator" has the same meaning as in section 5111.65 | 55928 |
| of the Revised Code. | 55929 |
| "Former section" means the version of a section of the | 55930 |
| Revised Code that existed on the day immediately before the day | 55931 |
| that section is repealed by this act. | 55932 |
| "Medicaid days" means all days during which a resident who is | 55933 |
| a Medicaid recipient eligible for nursing facility services | 55934 |
| occupies a bed in a nursing facility that is included in the | 55935 |
| nursing facility's certified capacity under Title XIX of the | 55936 |
| "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as | 55937 |
| amended. Therapeutic or hospital leave days for which payment is | 55938 |
| made under section 5111.26 of the Revised Code are considered | 55939 |
| Medicaid days proportionate to the percentage of the nursing | 55940 |
| facility's per resident per day rate paid for those days. | 55941 |
| "Nursing facility" has the same meaning as in section 5111.20 | 55942 |
| of the Revised Code. | 55943 |
| "Nursing facility services" means nursing facility services | 55944 |
| covered by the Medicaid program that a nursing facility provides | 55945 |
| to a resident of the nursing facility who is a Medicaid recipient | 55946 |
| eligible for Medicaid-covered nursing facility services. | 55947 |
| (B) Except as provided in division (C) of this section, a | 55948 |
| nursing facility with a valid Medicaid provider agreement for | 55949 |
| fiscal year 2006 shall be paid the following rate for nursing | 55950 |
| facility services the nursing facility provides during fiscal year | 55951 |
| 2006: | 55952 |
| (1) If the nursing facility had a valid Medicaid provider | 55953 |
| agreement on June 30, 2005, and a 2003 cost report, the rate shall | 55954 |
| be determined as follows: | 55955 |
| (a) Calculate the nursing facility's rate using the method | 55956 |
| that was used to calculate the nursing facility's rate for nursing | 55957 |
| facility services provided on July 1, 2004, with the following | 55958 |
| modifications: | 55959 |
| (i) Use the nursing facility's 2003 cost report; | 55960 |
| (ii) Set the maximum cost per case-mix unit for the nursing | 55961 |
| facility's peer group at an amount equal to ninety-eight per cent | 55962 |
| of the maximum cost per case-mix unit that, under division | 55963 |
| (B)(2)(a) of former section 5111.23 of the Revised Code, was set | 55964 |
| for the nursing facility's peer group for direct care costs for | 55965 |
| nursing facility services provided on July 1, 2004; | 55966 |
| (iii) For the average case-mix score that is used in the | 55967 |
| multiplication performed under division (C)(1) of former section | 55968 |
| 5111.23 of the Revised Code, use the nursing facility's quarterly | 55969 |
| case-mix score that is based on the data the nursing facility | 55970 |
| submitted to the Department under division (B) of section 5111.24 | 55971 |
| of the Revised Code, as that section existed as section 5111.231 | 55972 |
| of the Revised Code on the day before the effective date of this | 55973 |
| section, for the quarter ending March 31, 2004; | 55974 |
| (iv) For the inflation rate that is used in the calculation | 55975 |
| made under division (C)(2) of former section 5111.23 of the | 55976 |
| Revised Code, use an inflation rate of six and | 55977 |
| twenty-eight-hundredths per cent; | 55978 |
| (v) Use the annual average case-mix score that was calculated | 55979 |
| under division (B) of section 5111.24 of the Revised Code, as that | 55980 |
| section existed as section 5111.231 of the Revised Code on the day | 55981 |
| before the effective date of this section, and used to calculate | 55982 |
| the nursing facility's rate for direct care costs for nursing | 55983 |
| facility services provided on July 1, 2004; | 55984 |
| (vi) For the inflation rate used in the calculation of the | 55985 |
| nursing facility's other protected costs under former section | 55986 |
| 5111.235 of the Revised Code, use an inflation rate of | 55987 |
| seventy-nine-hundredths per cent; | 55988 |
| (vii) For the inflation rate used in the calculation of the | 55989 |
| nursing facility's indirect care costs under division (A)(1) of | 55990 |
| former section 5111.24 of the Revised Code, use an inflation rate | 55991 |
| of ninety-one-hundredths per cent; | 55992 |
| (viii) Set the pre-inflation adjusted maximum rate for | 55993 |
| indirect care costs for the nursing facility's peer group at an | 55994 |
| amount equal to ninety-eight per cent of the pre-inflation | 55995 |
| adjusted maximum rate for indirect care costs that, under division | 55996 |
| (B) of former section 5111.24 of the Revised Code, was set for the | 55997 |
| nursing facility's peer group for nursing facility services | 55998 |
| provided on July 1, 2004; | 55999 |
| (ix) For the inflation rate used in the calculation of the | 56000 |
| maximum rate for indirect care costs for the nursing facility's | 56001 |
| peer group under division (B)(1) of former section 5111.24 of the | 56002 |
| Revised Code, use an inflation rate of seven-hundredths per cent; | 56003 |
| (x) For the inflation rate used in the calculations made | 56004 |
| under divisions (A)(1)(b)(iii) and (D)(2)(b) and the second to | 56005 |
| last paragraph of division (E) of section 5111.27 of the Revised | 56006 |
| Code, as that section existed as section 5111.25 of the Revised | 56007 |
| Code on the day before the effective date of this section, use an | 56008 |
| inflation rate of one and seventy-nine-hundredths per cent. | 56009 |
| (b) Reduce the rate calculated under division (B)(1)(a) of | 56010 |
| this section by six and sixty-two hundredths per cent; | 56011 |
| (c) Determine the nursing facility's rate per case-mix unit | 56012 |
| by dividing the nursing facility's rate determined under division | 56013 |
| (B)(1)(b) of this section by the nursing facility's annual average | 56014 |
| case-mix score that was calculated for the nursing facility under | 56015 |
| division (B) of former section 5111.24 of the Revised Code, as | 56016 |
| that section existed as section 5111.231 of the Revised Code on | 56017 |
| the day before the effective date of this section, and used in | 56018 |
| calculating the nursing facility's rate for nursing facility | 56019 |
| services provided on July 1, 2004; | 56020 |
| (d) Array from low rate per case-mix unit to high rate per | 56021 |
| case-mix unit each of the nursing facilities that are in the | 56022 |
| nursing facility's direct care peer group and for which a rate is | 56023 |
| determined under division (B)(1) of this section; | 56024 |
| (e) Determine the nursing facility's facility-specific | 56025 |
| estimated Medicaid costs by multiplying the nursing facility's | 56026 |
| rate determined under division (B)(1)(b) of this section by the | 56027 |
| number of the nursing facility's Medicaid days for calendar year | 56028 |
| 2003 as reported to the Department on May 31, 2004, in the | 56029 |
| Medicaid Management Information System; | 56030 |
| (f) Determine the total estimated Medicaid costs for all of | 56031 |
| the nursing facilities that are in the nursing facility's direct | 56032 |
| care peer group and for which a rate is determined under division | 56033 |
| (B)(1) of this section by calculating the sum of all of those | 56034 |
| nursing facilities' facility-specific estimated Medicaid costs | 56035 |
| determined under division (B)(1)(e) of this section; | 56036 |
| (g) Divide the nursing facilities included in the array made | 56037 |
| under division (B)(1)(d) of this section into three sub-peer | 56038 |
| groups such that each of the following is the case: | 56039 |
| (i) The first sub-peer group consists of those nursing | 56040 |
| facilities with the lowest rate per case-mix unit whose combined | 56041 |
| facility-specific estimated Medicaid costs equals, as close as | 56042 |
| possible, one-third of the total estimated Medicaid costs | 56043 |
| determined under division (B)(1)(f) of this section; | 56044 |
| (ii) The second sub-peer group consists of those nursing | 56045 |
| facilities with the middle rate per case-mix unit whose combined | 56046 |
| facility-specific estimated Medicaid costs equals, as close as | 56047 |
| possible, one-third of the total estimated Medicaid costs | 56048 |
| determined under division (B)(1)(f) of this section; | 56049 |
| (iii) The third sub-peer group consists of those nursing | 56050 |
| facilities with the highest rate per case-mix unit whose combined | 56051 |
| facility-specific estimated Medicaid costs equals, as close as | 56052 |
| possible, one-third of the total estimated Medicaid costs | 56053 |
| determined under division (B)(1)(f) of this section. | 56054 |
| (h) If the nursing facility is part of the first sub-peer | 56055 |
| group created under division (B)(1)(g)(i) of this section, | 56056 |
| increase the nursing facility's rate determined under division | 56057 |
| (B)(1)(b) of this section by two per cent; | 56058 |
| (i) If the nursing facility is part of the second sub-peer | 56059 |
| group created under division (B)(1)(g)(ii) of this section, | 56060 |
| decrease the nursing facility's rate determined under division | 56061 |
| (B)(1)(b) of this section by four per cent; | 56062 |
| (j) If the nursing facility is part of the third sub-peer | 56063 |
| group created under division (B)(1)(g)(iii) of this section, | 56064 |
| decrease the nursing facility's rate determined under division | 56065 |
| (B)(1)(b) of this section by six per cent. | 56066 |
| (2) If the nursing facility had a valid Medicaid provider | 56067 |
| agreement on June 30, 2005, and was not required to file a cost | 56068 |
| report covering calendar year 2003, the rate shall be ninety-seven | 56069 |
| per cent of the rate the nursing facility was paid for nursing | 56070 |
| facility services provided on June 30, 2005. | 56071 |
| (C) If a nursing facility undergoes a change of operator on | 56072 |
| July 1, 2005, the nursing facility shall be paid, for nursing | 56073 |
| facility services the nursing facility provides during fiscal year | 56074 |
| 2006, the rate that would have been paid to the exiting operator | 56075 |
| of the nursing facility for nursing facility services provided on | 56076 |
| July 1, 2005. | 56077 |
| If a nursing facility undergoes a change of operator during | 56078 |
| the period beginning July 2, 2005, and ending June 30, 2006, the | 56079 |
| nursing facility shall be paid, for nursing facility services the | 56080 |
| nursing facility provides during the period beginning on the | 56081 |
| effective date of the change of operator and ending June 30, 2006, | 56082 |
| the rate paid to the exiting operator for nursing facility | 56083 |
| services that the exiting operator provided on the day immediately | 56084 |
| before the effective date of the change of operator. | 56085 |
| (D) If, during fiscal year 2006, a nursing facility obtains | 56086 |
| certification as a nursing facility from the Director of Health | 56087 |
| and begins participation in the Medicaid program, the nursing | 56088 |
| facility shall be paid, for nursing facility services the nursing | 56089 |
| facility provides during the period beginning on the date the | 56090 |
| nursing facility begins participation in the Medicaid program and | 56091 |
| ending June 30, 2006, a rate that is the median of all rates paid | 56092 |
| to nursing facilities on July 1, 2005. | 56093 |
| (E) If, during fiscal year 2006, one or more Medicaid | 56094 |
| certified beds are added to a nursing facility with a valid | 56095 |
| Medicaid provider agreement for fiscal year 2006, the nursing | 56096 |
| facility shall be paid a rate for the new beds that is the same as | 56097 |
| the nursing facility's rate for the Medicaid certified beds that | 56098 |
| are in the nursing facility on the day before the new beds are | 56099 |
| added. | 56100 |
| (F) A nursing facility's rate established under this section | 56101 |
| shall not be subject to any adjustments for any reason except for | 56102 |
| an adjustment made pursuant to an audit of the nursing facility's | 56103 |
| 2003 cost report. | 56104 |
| Section 206.66.30. FISCAL YEAR 2007 MEDICAID REIMBURSEMENT | 56105 |
| SYSTEM FOR NURSING FACILITIES | 56106 |
| (A) As used in this section: | 56107 |
| "2003 cost report" means a complete and adequate Medicaid | 56108 |
| cost report covering calendar year 2003 filed with the Department | 56109 |
| of Job and Family Services under section 5111.23 of the Revised | 56110 |
| Code. | 56111 |
| "Change of operator" has the same meaning as in section | 56112 |
| 5111.65 of the Revised Code. | 56113 |
| "Exiting operator" has the same meaning as in section 5111.65 | 56114 |
| of the Revised Code. | 56115 |
| "Nursing facility" has the same meaning as in section 5111.20 | 56116 |
| of the Revised Code. | 56117 |
| "Nursing facility services" means nursing facility services | 56118 |
| covered by the Medicaid program that a nursing facility provides | 56119 |
| to a resident of the nursing facility who is a Medicaid recipient | 56120 |
| eligible for Medicaid-covered nursing facility services. | 56121 |
| (B) Except as provided in division (C) of this section, a | 56122 |
| nursing facility that has a valid Medicaid provider agreement on | 56123 |
| June 30, 2006, and a valid Medicaid provider agreement for fiscal | 56124 |
| year 2007 shall be paid, for nursing facility services the nursing | 56125 |
| facility provides during fiscal year 2007, the rate the nursing | 56126 |
| facility is paid for providing nursing facility services on June | 56127 |
| 30, 2006. | 56128 |
| (C) If a nursing facility undergoes a change of operator | 56129 |
| during fiscal year 2007, the nursing facility shall be paid, for | 56130 |
| nursing facility services the nursing facility provides during the | 56131 |
| period beginning on the effective date of the change of operator | 56132 |
| and ending June 30, 2007, the rate paid to the exiting operator | 56133 |
| for nursing facility services that the exiting operator provided | 56134 |
| on the day immediately before the effective date of the change of | 56135 |
| operator. | 56136 |
| (D) If, during fiscal year 2007, a nursing facility obtains | 56137 |
| certification as a nursing facility from the Director of Health | 56138 |
| and begins participation in the Medicaid program, the nursing | 56139 |
| facility shall be paid, for nursing facility services the nursing | 56140 |
| facility provides during the period beginning on the date the | 56141 |
| nursing facility begins participation in the Medicaid program and | 56142 |
| ending June 30, 2007, a rate that is the median of all rates paid | 56143 |
| to nursing facilities on July 1, 2006. | 56144 |
| (E) If, during fiscal year 2007, one or more Medicaid | 56145 |
| certified beds are added to a nursing facility with a valid | 56146 |
| Medicaid provider agreement for fiscal year 2007, the nursing | 56147 |
| facility shall be paid a rate for the new beds that is the same as | 56148 |
| the nursing facility's rate for the Medicaid certified beds that | 56149 |
| are in the nursing facility on the day before the new beds are | 56150 |
| added. | 56151 |
| (F) A nursing facility's rate established under this section | 56152 |
| shall not be subject to any adjustments for any reason except for | 56153 |
| an adjustment made pursuant to an audit of the nursing facility's | 56154 |
| 2003 cost report. | 56155 |
| Section 206.66.33. FISCAL YEAR 2006 AND FISCAL YEAR 2007 | 56156 |
| MEDICAID REIMBURSEMENT SYSTEM FOR ICFs/MR | 56157 |
| (A) As used in this section: | 56158 |
| "2003 cost report" means a complete and adequate Medicaid | 56159 |
| cost report covering calendar year 2003 filed with the Department | 56160 |
| of Job and Family Services under section 5111.23 of the Revised | 56161 |
| Code. | 56162 |
| "Change of operator" has the same meaning as in section | 56163 |
| 5111.65 of the Revised Code. | 56164 |
| "Exiting operator" has the same meaning as in section 5111.65 | 56165 |
| of the Revised Code. | 56166 |
| "Intermediate care facility for the mentally retarded" has | 56167 |
| the same meaning as in section 5111.20 of the Revised Code. | 56168 |
| "ICF/MR services" means intermediate care facility for the | 56169 |
| mentally retarded services covered by the Medicaid program that an | 56170 |
| intermediate care facility for the mentally retarded provides to a | 56171 |
| resident of the facility who is a Medicaid recipient eligible for | 56172 |
| Medicaid-covered intermediate care facility for the mentally | 56173 |
| retarded services. | 56174 |
| (B) Except as provided in division (C) of this section, an | 56175 |
| intermediate care facility for the mentally retarded that has a | 56176 |
| valid Medicaid provider agreement on June 30, 2005, and a valid | 56177 |
| Medicaid provider agreement for fiscal years 2006 and 2007 shall | 56178 |
| be paid, for ICF/MR services the facility provides during fiscal | 56179 |
| years 2006 and 2007, the rate the facility is paid for providing | 56180 |
| ICF/MR services on June 30, 2005. | 56181 |
| (C) If an intermediate care facility for the mentally | 56182 |
| retarded undergoes a change of operator during fiscal year 2006 or | 56183 |
| 2007, the facility shall be paid, for ICF/MR services the facility | 56184 |
| provides during the period beginning on the effective date of the | 56185 |
| change of operator and ending June 30, 2007, the rate paid to the | 56186 |
| exiting operator for ICF/MR services that the exiting operator | 56187 |
| provided on the day immediately before the effective date of the | 56188 |
| change of operator. | 56189 |
| (D) If, during fiscal year 2006 or 2007, an intermediate care | 56190 |
| facility for the mentally retarded obtains certification as an | 56191 |
| intermediate care facility for the mentally retarded from the | 56192 |
| Director of Health and begins participation in the Medicaid | 56193 |
| program, the facility shall be paid, for ICF/MR services the | 56194 |
| facility provides during the period beginning on the date the | 56195 |
| facility begins participation in the Medicaid program and ending | 56196 |
| June 30, 2007, a rate that is the median of all rates paid to | 56197 |
| intermediate care facilities for the mentally retarded on July 1, | 56198 |
| 2006. | 56199 |
| (E) If, during fiscal year 2006 or 2007, one or more Medicaid | 56200 |
| certified beds are added to an intermediate care facility for the | 56201 |
| mentally retarded with a valid Medicaid provider agreement for the | 56202 |
| time that the beds are added, the facility shall be paid a rate | 56203 |
| for the new beds that is the same as the nursing facility's rate | 56204 |
| for the Medicaid certified beds that are in the nursing facility | 56205 |
| on the day before the new beds are added. | 56206 |
| (F) An adjustment necessitated by an audit of an intermediate | 56207 |
| care facility for the mentally retarded's 2003 cost report may be | 56208 |
| applied to a rate established under this section for the facility. | 56209 |
| * Section 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM | 56210 |
| (A) As used in this section, "Assisted Living Program" has | 56211 |
| the same meaning as in section 5111.89 of the Revised Code. | 56212 |
| (B) After the Department of Job and Family Services enters | 56213 |
| into a contract with the Department of Aging under section 5111.91 | 56214 |
| of the Revised Code for the Department of Aging to administer the | 56215 |
| Assisted Living Program, the Director of Job and Family Services | 56216 |
| shall quarterly certify to the Director of Budget and Management | 56217 |
| the estimated costs of the Assisted Living Program for the | 56218 |
| upcoming quarter. The estimate shall include the state and federal | 56219 |
| share of the costs. On receipt of the certified estimated costs | 56220 |
| for an upcoming quarter, the Director of Budget and Management | 56221 |
| shall do all of the following: | 56222 |
| (1) Transfer the state share of the amount of the estimated | 56223 |
| costs from GRF appropriation item 600-525, Health Care/Medicaid, | 56224 |
| to GRF appropriation item 490-422, Assisted Living; | 56225 |
| (2) Transfer the federal share of the amount of the estimated | 56226 |
| costs from GRF appropriation item 600-525, Health Care/Medicaid, | 56227 |
| to Fund 3C4, appropriation item 490-622, Assisted Living - | 56228 |
| Federal; | 56229 |
| (3) Increase the appropriation in JFS Fund 3G5, appropriation | 56230 |
| item 600-655, Interagency Reimbursement, by the federal share of | 56231 |
| the amount of the estimated costs. | 56232 |
| (C) The funds that the Director of Budget and Management | 56233 |
| transfers and increases under this section are hereby | 56234 |
| appropriated. | 56235 |
| * Section 206.66.37. Section 206.66.36 of this act takes | 56236 |
| effect October 1, 2005. | 56237 |
| Section 206.66.39. MEDICAID ELIGIBILITY REDUCTIONS | 56238 |
| The Director of Job and Family Services shall, not later than | 56239 |
| ninety days after the effective date of this section, submit to | 56240 |
| the Unites States Secretary of Health and Human Services an | 56241 |
| amendment to the state Medicaid plan to reduce to ninety per cent | 56242 |
| of the federal poverty guidelines the amount specified in division | 56243 |
| (A)(2) of section 5111.019 of the Revised Code as it existed | 56244 |
| immediately prior to the amendment made by this act. The reduction | 56245 |
| shall be implemented not earlier than ninety days after the | 56246 |
| effective date of this section and not later than the effective | 56247 |
| date of federal approval. | 56248 |
| Section 206.66.42. TERMINATION OF THE DISABILITY MEDICAL | 56249 |
| ASSISTANCE PROGRAM | 56250 |
| (A) The Department of Job and Family Services shall terminate | 56251 |
| the Disability Medical Assistance Program effective October 1, | 56252 |
| 2005. All rules, standards, guidelines, or orders adopted or | 56253 |
| issued by the Director of Job and Family Services to govern the | 56254 |
| Disability Medical Assistance Program before its termination shall | 56255 |
| remain in effect on and after October 1, 2005, for the following | 56256 |
| purposes: | 56257 |
| (1) To establish the legal obligations of the Department for | 56258 |
| claims arising from the Program; | 56259 |
| (2) To determine an individual's previous eligibility for the | 56260 |
| Program; | 56261 |
| (3) To determine the validity of a claim for services under | 56262 |
| the Program; | 56263 |
| (4) To recover erroneous payments, as defined in section | 56264 |
| 5115.23 of the Revised Code, made before October 1, 2005. | 56265 |
| (B) The Department may use funds appropriated to it to | 56266 |
| satisfy Program claims or contingent claims existing before | 56267 |
| October 1, 2005. The Department shall not pay claims for services | 56268 |
| rendered on or after October 1, 2005. | 56269 |
| (C) The Department shall pay a claim for services rendered by | 56270 |
| a medical provider to a Disability Medical Assistance Program | 56271 |
| recipient before October 1, 2005, only if the claim is received by | 56272 |
| the Department not later than April 1, 2006. | 56273 |
| (D) A judge or other person designated to make a decision in | 56274 |
| a state hearing, administrative appeal, or judicial proceeding | 56275 |
| initiated under section 5101.35 of the Revised Code may adjudicate | 56276 |
| an appeal of a determination made by the Department under the | 56277 |
| Program before October 1, 2005. No person may adjudicate an appeal | 56278 |
| of a determination made by the Department under the Program on or | 56279 |
| after October 1, 2005. | 56280 |
| (E) Notwithstanding the termination of the Disability Medical | 56281 |
| Assistance Program, the following remain effective on and after | 56282 |
| October 1, 2005: | 56283 |
| (1) As described in section 5101.58 of the Revised Code, the | 56284 |
| Department's and a county's right of recovery against the | 56285 |
| liability of a third party for the cost of medical services and | 56286 |
| care; | 56287 |
| (2) As described in section 5101.59 of the Revised Code, the | 56288 |
| assignment of a Program recipient's right to medical support made | 56289 |
| by court or administrative order or payments from a third party. | 56290 |
| (F) The Department may take reasonable steps to inform | 56291 |
| Program recipients about the termination of the Program. A county | 56292 |
| department of job and family services shall take action with | 56293 |
| respect to these activities when requested by the Department. | 56294 |
| (G) An action taken under division (F) of this section shall | 56295 |
| not be the basis for requiring the Department to extend the | 56296 |
| Program or to approve or extend a person's eligibility for the | 56297 |
| Program on or after October 1, 2005. | 56298 |
| (H) The Director may adopt rules in accordance with section | 56299 |
| 111.15 of the Revised Code to implement this section. | 56300 |
| Section 206.66.45. MEDICAID COVERAGE OF DENTAL AND VISION | 56301 |
| SERVICES | 56302 |
| The Director of Job and Family Services shall submit a State | 56303 |
| Medicaid Plan amendment to the United States Secretary of Health | 56304 |
| and Human Services to eliminate the Medicaid Program's coverage of | 56305 |
| dental and vision care services for Medicaid recipients twenty-one | 56306 |
| years of age or older for whom dental and vision care services are | 56307 |
| not required by federal Medicaid law. The director shall amend and | 56308 |
| rescind rules adopted under section 5111.02 of the Revised Code as | 56309 |
| necessary to implement the elimination of these Medicaid services. | 56310 |
| Section 206.66.48. STATE MEDICAID PLAN AMENDMENT REGARDING | 56311 |
| ESTATE RECOVERY | 56312 |
| The Director of Job and Family Services shall submit a state | 56313 |
| Medicaid plan amendment to the United States Secretary of Health | 56314 |
| and Human Services as necessary for the implementation of the | 56315 |
| amendments by this act to sections 5111.11 and 5111.111 of the | 56316 |
| Revised Code. | 56317 |
| Section 206.66.51. MEDICAID PAYMENT FOR GRADUATE MEDICAL | 56318 |
| EDUCATION COSTS | 56319 |
| The Director of Job and Family Service shall submit to the | 56320 |
| United States Secretary of Health and Human Services an amendment | 56321 |
| to the state Medicaid plan to implement section 5111.191 of the | 56322 |
| Revised Code. The Department shall implement that section upon the | 56323 |
| Secretary's approval of the amendment. | 56324 |
| Section 206.66.54. MEDICARE PART D | 56325 |
| The foregoing appropriation item 600-526, Medicare Part D, | 56326 |
| may be used by the Department of Job and Family Services for the | 56327 |
| implementation and operation of the Medicare Part D requirements | 56328 |
| contained in the "Medicare Prescription Drug, Improvement, and | 56329 |
| Modernization Act of 2003," as amended, Pub. L. No. 108-173. Upon | 56330 |
| the request of the Department of Job and Family Services, the | 56331 |
| Director of Budget and Management may increase the state share of | 56332 |
| appropriations in either appropriation item 600-525, Health | 56333 |
| Care/Medicaid, or appropriation item 600-526, Medicare Part D, | 56334 |
| with a corresponding decrease in the state share of the other | 56335 |
| appropriation item to allow the Department of Job and Family | 56336 |
| Services to implement and operate the new Medicare Part D | 56337 |
| requirements. If the state share of appropriation item 600-525, | 56338 |
| Health Care/Medicaid, is adjusted, the Director of Budget and | 56339 |
| Management shall adjust the federal share accordingly. | 56340 |
| Section 206.66.57. ODJFS FUNDS | 56341 |
| AGENCY FUND GROUP | 56342 |
| The Agency Fund Group and Holding Account Redistribution Fund | 56343 |
| Group shall be used to hold revenues until the appropriate fund is | 56344 |
| determined or until the revenues are directed to the appropriate | 56345 |
| governmental agency other than the Department of Job and Family | 56346 |
| Services. If it is determined that additional appropriation | 56347 |
| authority is necessary, such amounts are hereby appropriated. | 56348 |
| Section 206.66.60. EMPLOYER SURCHARGE | 56349 |
| The surcharge and the interest on the surcharge amounts due | 56350 |
| for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 56351 |
| H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 56352 |
| 118th General Assembly, and section 4141.251 of the Revised Code | 56353 |
| as it existed prior to its repeal by Sub. H.B. 478 of the 122nd | 56354 |
| General Assembly, again shall be assessed and collected by, | 56355 |
| accounted for, and made available to the Department of Job and | 56356 |
| Family Services in the same manner as set forth in section | 56357 |
| 4141.251 of the Revised Code as it existed prior to its repeal by | 56358 |
| Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the | 56359 |
| repeal of the surcharge for calendar years after 1990, pursuant to | 56360 |
| Sub. H.B. 478 of the 122nd General Assembly, except that amounts | 56361 |
| received by the Director on or after July 1, 2001, shall be | 56362 |
| deposited into the Unemployment Compensation Special | 56363 |
| Administrative Fund (Fund 4A9) established pursuant to section | 56364 |
| 4141.11 of the Revised Code. | 56365 |
| Section 206.66.63. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 56366 |
| AGING | 56367 |
| The Department of Job and Family Services shall transfer, | 56368 |
| through intrastate transfer vouchers, cash from Fund 4J5, Home and | 56369 |
| Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in | 56370 |
| the Department of Aging. The sum of the transfers shall be | 56371 |
| $33,268,052 in fiscal year 2006 and $33,263,984 in fiscal year | 56372 |
| 2007. The transfer may occur on a quarterly basis or on a schedule | 56373 |
| developed and agreed to by both departments. | 56374 |
| Section 206.66.66. FUNDING FOR INSTITUTIONAL FACILITY AUDITS | 56375 |
| AND THE OHIO ACCESS SUCCESS PROJECT | 56376 |
| Notwithstanding any limitations in sections 3721.51 and | 56377 |
| 3721.56 of the Revised Code, in each fiscal year, cash from Fund | 56378 |
| 4J5, Home and Community-Based Services for the Aged, in excess of | 56379 |
| the amounts needed for the transfers may be used by the Department | 56380 |
| of Job and Family Services for the following purposes: (A) up to | 56381 |
| $1.0 million in each fiscal year to fund the state share of audits | 56382 |
| of Medicaid cost reports filed with the Department of Job and | 56383 |
| Family Services by nursing facilities and intermediate care | 56384 |
| facilities for the mentally retarded; and (B) up to $350,000 in | 56385 |
| fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide | 56386 |
| one-time transitional benefits under the Ohio Access Success | 56387 |
| Project that the Director of Job and Family Services may establish | 56388 |
| under section 5111.88 of the Revised Code. | 56389 |
| Section 206.66.69. OHIO ASSOCIATION OF SECOND HARVEST FOOD | 56390 |
| BANKS | 56391 |
| As used in this section, "federal poverty guidelines" has the | 56392 |
| same meaning as in section 5101.46 of the Revised Code. | 56393 |
| Notwithstanding section 5101.46 of the Revised Code, and | 56394 |
| prior to making any allocation to county departments of job and | 56395 |
| family services, the Department of Job and Family Services shall | 56396 |
| provide $5,500,000 in each fiscal year from the foregoing | 56397 |
| appropriation item 600-620, Social Services Block Grant, for use | 56398 |
| in funding a grant agreement with the Ohio Association of Second | 56399 |
| Harvest Food Banks. The Department shall enter into a grant | 56400 |
| agreement with the Ohio Association of Second Harvest Food Banks | 56401 |
| to reimburse it for costs incurred in the purchase of food | 56402 |
| products and the distribution of those food products to agencies | 56403 |
| participating in the emergency food distribution program. | 56404 |
| Notwithstanding section 5101.46 of the Revised Code, the grant may | 56405 |
| permit the Ohio Association of Second Harvest Food Banks to use up | 56406 |
| to 5 per cent of the annual funding for administrative costs. The | 56407 |
| Department may advance funds to the grantee under section 5101.10 | 56408 |
| of the Revised Code. | 56409 |
| Prior to entering into the grant agreement, the Ohio | 56410 |
| Association of Second Harvest Food Banks shall submit to the | 56411 |
| Department for approval a plan for the distribution of the food | 56412 |
| products to local food distribution agencies. If the plan meets | 56413 |
| the requirements and conditions established by the Department, the | 56414 |
| plan shall be incorporated into the grant agreement. The grant | 56415 |
| agreement shall also require the Ohio Association of Second | 56416 |
| Harvest Food Banks to ensure that local agencies will limit | 56417 |
| participation of individuals and families who receive any of the | 56418 |
| food products purchased with these funds to those who have an | 56419 |
| income at or below 200 per cent of the federal poverty guidelines. | 56420 |
| The Department and the Ohio Association of Second Harvest Food | 56421 |
| Banks shall agree on reporting requirements to be incorporated | 56422 |
| into the grant agreement, including a statement of expected | 56423 |
| performance outcomes from the Ohio Association of Second Harvest | 56424 |
| Food Banks and a requirement for their evaluation of their success | 56425 |
| in achieving those outcomes. | 56426 |
| Section 206.66.72. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 56427 |
| MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 56428 |
| The Department of Job and Family Services shall transfer, | 56429 |
| through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR | 56430 |
| Bed Assessments, to Fund 4K8, Home and Community-Based Services, | 56431 |
| in the Department of Mental Retardation and Developmental | 56432 |
| Disabilities. The amount transferred shall equal $12,000,000 in | 56433 |
| fiscal year 2006 and $12,000,000 in fiscal year 2007. The transfer | 56434 |
| may occur on a quarterly basis or on a schedule developed and | 56435 |
| agreed to by both departments. | 56436 |
| Section 206.66.75. FUNDING FOR HABILITATIVE SERVICES | 56437 |
| Notwithstanding any limitations contained in sections 5112.31 | 56438 |
| and 5112.37 of the Revised Code, in each fiscal year, cash from | 56439 |
| Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed | 56440 |
| for transfers to Fund 4K8, Home and Community-Based Services, in | 56441 |
| the Department of Mental Retardation and Developmental | 56442 |
| Disabilities, may be used by the Department of Job and Family | 56443 |
| Services to cover costs of care provided to participants in a | 56444 |
| waiver with an ICF/MR level of care requirement administered by | 56445 |
| the Department of Job and Family Services. | 56446 |
| Section 206.66.78. COMMUNITY ALTERNATIVE FUNDING SYSTEM | 56447 |
| (A) As used in this section, "habilitation center services" | 56448 |
| has the same meaning as in former section 5111.041 of the Revised | 56449 |
| Code as that section existed on June 30, 2005. | 56450 |
| (B) The Director of Job and Family Services may adopt rules | 56451 |
| under section 111.15 of the Revised Code as necessary to terminate | 56452 |
| the community alternative funding system on July 1, 2005. | 56453 |
| (C) The Department of Job and Family Services may inform | 56454 |
| individuals who received habilitation center services under the | 56455 |
| community alternative funding system on June 30, 2005, and such | 56456 |
| individuals' representatives about alternative services that may | 56457 |
| be available for the individuals. The Department may require | 56458 |
| county departments of job and family services to provide such | 56459 |
| information to the individuals and their representatives. | 56460 |
| (D) Habilitation center services provided before July 1, | 56461 |
| 2005, are subject to the laws, rules, standards, guidelines, and | 56462 |
| orders regarding habilitation center services that were in effect | 56463 |
| at the time the services were provided. This includes such laws, | 56464 |
| rules, standards, guidelines, and orders regarding the | 56465 |
| responsibility for the nonfederal share of the services, the fee | 56466 |
| assessed under division (D) of section 5123.041 of the Revised | 56467 |
| Code as that section existed on the day the services were | 56468 |
| provided, cost reports, audits, and the recovery of erroneous | 56469 |
| payments. | 56470 |
| (E) The Department of Job and Family Services may use funds | 56471 |
| appropriated to the Department for the purpose of habilitation | 56472 |
| center services to satisfy a claim or contingent claim for | 56473 |
| habilitation center services provided before July 1, 2005, if the | 56474 |
| Department receives the claim or contingent claim before July 1, | 56475 |
| 2006. The Department has no liability to satisfy either of the | 56476 |
| following: | 56477 |
| (1) A claim for habilitation center services provided before | 56478 |
| July 1, 2005, if the Department receives the claim on or after | 56479 |
| July 1, 2006. | 56480 |
| (2) A claim for habilitation center services provided on or | 56481 |
| after July 1, 2005. | 56482 |
| (F) To the extent authorized by section 5101.35 of the | 56483 |
| Revised Code, an individual may initiate or continue a state | 56484 |
| hearing, administrative appeal, or appeal to a court of common | 56485 |
| pleas regarding a decision or order concerning habilitation center | 56486 |
| services that were available before July 1, 2005. A decision | 56487 |
| resulting from a state hearing, administrative appeal, or appeal | 56488 |
| to a court of common pleas may not extend an individual's | 56489 |
| eligibility for habilitation center services beyond June 30, 2005. | 56490 |
| No individual may utilize section 5101.35 of the Revised Code to | 56491 |
| contest the July 1, 2005, termination of the community alternative | 56492 |
| funding system. | 56493 |
| (G) Neither of the following are abrogated by the termination | 56494 |
| of the community alternative funding system: | 56495 |
| (1) The right of recovery given to the Department of Job and | 56496 |
| Family Services or a county department of job and family services | 56497 |
| under section 5101.58 of the Revised Code for habilitation center | 56498 |
| services provided before July 1, 2005. | 56499 |
| (2) The right to medical support or payments from a third | 56500 |
| party that is assigned to the Department under section 5101.59 of | 56501 |
| the Revised Code for habilitation center services provided before | 56502 |
| July 1, 2005. | 56503 |
| Section 206.66.84. CHILDREN'S TRUST FUND | 56504 |
| Notwithstanding sections 3109.13 to 3109.18 of the Revised | 56505 |
| Code, in fiscal year 2006, the Director of Budget and Management | 56506 |
| shall transfer $1,500,000 cash from the Children's Trust Fund | 56507 |
| (Fund 198 in the Department of Job and Family Services) to the | 56508 |
| Partnerships for Success Fund (Fund 5BH in the Department of Youth | 56509 |
| Services). On or before January 1, 2007, the Director of Budget | 56510 |
| and Management shall transfer to the Children's Trust Fund (Fund | 56511 |
| 198) any amount of cash that remains unspent in the Partnerships | 56512 |
| for Success Fund (Fund 5BH). | 56513 |
| HOSPITAL CARE ASSURANCE MATCH FUND | 56514 |
| Appropriation item 600-650, Hospital Care Assurance Match, | 56515 |
| shall be used by the Department of Job and Family Services in | 56516 |
| accordance with division (B) of section 5112.18 of the Revised | 56517 |
| Code. | 56518 |
| Section 206.66.87. HEALTH CARE SERVICES ADMINISTRATION | 56519 |
| The foregoing appropriation item 600-654, Health Care | 56520 |
| Services Administration, shall be used by the Department of Job | 56521 |
| and Family Services for costs associated with the administration | 56522 |
| of the Medicaid program. | 56523 |
| Section 206.66.90. HEALTH CARE SERVICES ADMINISTRATION FUND | 56524 |
| Of the amount received by the Department of Job and Family | 56525 |
| Services during fiscal year 2006 and fiscal year 2007 from the | 56526 |
| first installment of assessments paid under section 5112.06 of the | 56527 |
| Revised Code and intergovernmental transfers made under section | 56528 |
| 5112.07 of the Revised Code, the Director of Job and Family | 56529 |
| Services shall deposit $350,000 in each fiscal year into the state | 56530 |
| treasury to the credit of the Health Care Services Administration | 56531 |
| Fund (Fund 5U3). | 56532 |
| Section 206.66.93. CHILD SUPPORT COLLECTIONS/TANF MOE | 56533 |
| The foregoing appropriation item 600-658, Child Support | 56534 |
| Collections, shall be used by the Department of Job and Family | 56535 |
| Services to meet the TANF maintenance of effort requirements of | 56536 |
| Pub. L. No. 104-193. Once the state is assured that it will meet | 56537 |
| the maintenance of effort requirement, the Department of Job and | 56538 |
| Family Services may use funds from appropriation item 600-658, | 56539 |
| Child Support Collections, to support public assistance | 56540 |
| activities. | 56541 |
| Section 206.66.96. MEDICAID PROGRAM SUPPORT FUND - STATE | 56542 |
| The foregoing appropriation item 600-671, Medicaid Program | 56543 |
| Support, shall be used by the Department of Job and Family | 56544 |
| Services to pay for Medicaid services and contracts. The | 56545 |
| Department may also deposit to Fund 5C9 revenues received from | 56546 |
| other state agencies for Medicaid services under the terms of | 56547 |
| interagency agreements between the Department and other state | 56548 |
| agencies, and all funds the Department recovers because the | 56549 |
| benefits a person received under the disability medical assistance | 56550 |
| program established in section 5115.10 of the Revised Code were | 56551 |
| determined to be covered by the medical assistance program | 56552 |
| established under Chapter 5111. of the Revised Code. | 56553 |
| Section 206.66.99. TRANSFERS OF IMD/DSH CASH TO THE | 56554 |
| DEPARTMENT OF MENTAL HEALTH | 56555 |
| The Department of Job and Family Services shall transfer, | 56556 |
| through intrastate transfer voucher, cash from Fund 5C9, Medicaid | 56557 |
| Program Support, to the Department of Mental Health's Fund 4X5, | 56558 |
| OhioCare, in accordance with an interagency agreement that | 56559 |
| delegates authority from the Department of Job and Family Services | 56560 |
| to the Department of Mental Health to administer specified | 56561 |
| Medicaid services. | 56562 |
| Section 206.67.03. FEDERAL UNEMPLOYMENT PROGRAMS | 56563 |
| All unexpended funds remaining at the end of fiscal year 2005 | 56564 |
| that were appropriated and made available to the state under | 56565 |
| section 903(d) of the Social Security Act, as amended, in the | 56566 |
| foregoing appropriation item 600-678, Federal Unemployment | 56567 |
| Programs (Fund 3V4), are hereby appropriated to the Department of | 56568 |
| Job and Family Services. Upon the request of the Director of Job | 56569 |
| and Family Services, the Director of Budget and Management shall | 56570 |
| increase the appropriation for fiscal year 2006 by the amount | 56571 |
| remaining unspent from the fiscal year 2005 appropriation and | 56572 |
| shall increase the appropriation for fiscal year 2007 by the | 56573 |
| amount remaining unspent from the fiscal year 2006 appropriation. | 56574 |
| The appropriation shall be used under the direction of the | 56575 |
| Department of Job and Family Services to pay for administrative | 56576 |
| activities for the Unemployment Insurance Program, employment | 56577 |
| services, and other allowable expenditures under section 903(d) of | 56578 |
| the Social Security Act, as amended. | 56579 |
| The amounts obligated pursuant to this section shall not | 56580 |
| exceed at any time the amount by which the aggregate of the | 56581 |
| amounts transferred to the account of the state under section | 56582 |
| 903(d) of the Social Security Act, as amended, exceeds the | 56583 |
| aggregate of the amounts obligated for administration and paid out | 56584 |
| for benefits and required by law to be charged against the amounts | 56585 |
| transferred to the account of the state. | 56586 |
| Section 206.67.06. WORKFORCE DEVELOPMENT GRANT AGREEMENT | 56587 |
| The Department of Job and Family Services may use | 56588 |
| appropriations from appropriation item 600-688, Workforce | 56589 |
| Investment Act, to provide financial assistance for workforce | 56590 |
| development activities included in a grant agreement entered into | 56591 |
| by the department in accordance with section 5101.20 of the | 56592 |
| Revised Code. | 56593 |
| * Section 206.67.09. EMPLOYMENT RETENTION INCENTIVE PROGRAM | 56594 |
| (A) As used in this section: | 56595 |
| (1) "Assistance group" has the same meaning as in section | 56596 |
| 5107.02 of the Revised Code. | 56597 |
| (2) "Ohio Works First" means the program established under | 56598 |
| Chapter 5107. of the Revised Code. | 56599 |
| (B) Subject to section 5101.801 of the Revised Code, in | 56600 |
| fiscal year 2007 the Department of Job and Family Services may | 56601 |
| establish and administer the Employment Retention Incentive | 56602 |
| Program under which the Department provides cash payments to | 56603 |
| eligible assistance groups. The Department shall use the foregoing | 56604 |
| appropriation item 600-689, TANF Block Grant, to fund the program. | 56605 |
| To be eligible for the Employment Retention Incentive | 56606 |
| Program, an assistance group must meet all of the following | 56607 |
| requirements: | 56608 |
| (1) The assistance group must apply to a county Department of | 56609 |
| Job and Family Services using an application that contains all of | 56610 |
| the information that rules specified in this section require; | 56611 |
| (2) The assistance group must have ceased to participate in | 56612 |
| Ohio Works First in accordance with rules specified in this | 56613 |
| section; | 56614 |
| (3) The assistance group must include a member who was | 56615 |
| employed during the last month the assistance group participated | 56616 |
| in Ohio Works First in accordance with rules specified in this | 56617 |
| section; | 56618 |
| (4) That member of the assistance group must remain employed | 56619 |
| in accordance with rules specified in this section; | 56620 |
| (5) The assistance group must meet all other eligibility | 56621 |
| requirements established in rules specified in this section. | 56622 |
| (C) If the Department establishes the Employment Retention | 56623 |
| Incentive Program, the Department shall provide cash payments | 56624 |
| under the program in a manner that enables the cash payments to be | 56625 |
| excluded from the definition of "assistance" in 45 C.F.R. | 56626 |
| 260.31(a) and instead be benefits that 45 C.F.R. 260.31(b) | 56627 |
| excludes from the definition of assistance. Each county Department | 56628 |
| of Job and Family Services shall make eligibility determinations | 56629 |
| for the program and perform other administrative duties for the | 56630 |
| program in accordance with rules specified in this section. | 56631 |
| (D) If the Department establishes the Employment Retention | 56632 |
| Incentive Program, the Department shall adopt rules under division | 56633 |
| (C) of section 5101.801 of the Revised Code to establish all of | 56634 |
| the following for the program: | 56635 |
| (1) The information that an application for the program must | 56636 |
| contain; | 56637 |
| (2) The application process for the program, including the | 56638 |
| process to verify eligibility for the program; | 56639 |
| (3) The manner in which an assistance group must have ceased | 56640 |
| to participate in Ohio Works First for the assistance group to | 56641 |
| qualify for the program; | 56642 |
| (4) The manner in which an assistance group member must have | 56643 |
| been employed during the last month the assistance group | 56644 |
| participated in Ohio Works First for the assistance group to | 56645 |
| qualify for the program; | 56646 |
| (5) The manner in which an assistance group member must | 56647 |
| remain employed for the assistance group to qualify for the | 56648 |
| program; | 56649 |
| (6) Other eligibility requirements for the program; | 56650 |
| (7) The amounts that eligible assistance groups are to | 56651 |
| receive as cash payments under the program; | 56652 |
| (8) The frequency and duration that eligible assistance | 56653 |
| groups are to receive cash payments under the program; | 56654 |
| (9) Requirements governing county departments' administrative | 56655 |
| duties regarding the program. | 56656 |
| * Section 206.67.10. Section 206.67.09 of this act takes | 56657 |
| effect July 1, 2006. | 56658 |
| Section 206.67.12. EARLY LEARNING INITIATIVE | 56659 |
| (A) As used in this section: | 56660 |
| (1) "Title IV-A services" means benefits and services that | 56661 |
| are allowable under Title IV-A of the "Social Security Act," as | 56662 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 56663 |
| benefits and services included in the term "assistance" as defined | 56664 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 56665 |
| excluded from the definition of the term "assistance" under 45 | 56666 |
| C.F.R. 260.31(b). | 56667 |
| (2) "Title IV-A funds" means funds provided under the | 56668 |
| temporary assistance for needy families block grant established by | 56669 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 56670 |
| U.S.C. 601, as amended. | 56671 |
| (3) "Child day-care" has the same meaning as in section | 56672 |
| 5104.01 of the Revised Code. | 56673 |
| (4) "Eligible child" means a child eligible for Title IV-A | 56674 |
| services. | 56675 |
| (5) "Early learning program" means a program for eligible | 56676 |
| children that is funded with Title IV-A funds and provides Title | 56677 |
| IV-A services that are also early learning services, as defined by | 56678 |
| the Department of Education pursuant to division (C)(1) of Section | 56679 |
| 206.09.54 of this act. | 56680 |
| (6) "Early learning provider" means an entity that is | 56681 |
| receiving Title IV-A funds to operate an early learning program. | 56682 |
| (7) "Early learning agency" means an early learning provider | 56683 |
| or an entity that has entered into an agreement with an early | 56684 |
| learning provider requiring the early learning provider to operate | 56685 |
| an early learning program on behalf of the entity. | 56686 |
| (B) The Department of Job and Family Services and the | 56687 |
| Department of Education shall administer the Early Learning | 56688 |
| Initiative, established under Section 206.09.54 of this act, in | 56689 |
| accordance with sections 5101.80 and 5101.801 of the Revised Code. | 56690 |
| The Initiative shall provide early learning programs and child | 56691 |
| day-care to eligible children. | 56692 |
| (C) The Department of Job and Family Services shall do all of | 56693 |
| the following: | 56694 |
| (1) In consultation with the Department of Education, develop | 56695 |
| an application form and criteria for the selection of early | 56696 |
| learning agencies. The criteria shall require an early learning | 56697 |
| agency, or each early learning provider with which the agency has | 56698 |
| entered into an agreement for the operation of an early learning | 56699 |
| program on the agency's behalf, to be licensed or certified by the | 56700 |
| Department of Education under sections 3301.52 to 3301.59 of the | 56701 |
| Revised Code or by the Department of Job and Family Services under | 56702 |
| Chapter 5104. of the Revised Code. | 56703 |
| (2) Enter into a contract with each early learning agency in | 56704 |
| accordance with Section 206.09.54 of this act; | 56705 |
| (3) Reimburse early learning agencies for Title IV-A services | 56706 |
| provided to eligible children according to the terms of the | 56707 |
| contract and the rules adopted under division (C)(4) of this | 56708 |
| section; | 56709 |
| (4) Jointly with the Department of Education, adopt rules in | 56710 |
| accordance with Chapter 119. of the Revised Code to implement the | 56711 |
| Early Learning Initiative. The rules shall include provisions | 56712 |
| regarding the establishment of co-payments for families of | 56713 |
| eligible children and a definition of "weekly attendance rate" for | 56714 |
| the purpose of reimbursing early learning agencies. | 56715 |
| (D) Each county department of job and family services shall | 56716 |
| determine eligibility for Title IV-A services for children seeking | 56717 |
| to enroll in an early learning program and shall establish | 56718 |
| co-payment requirements in accordance with the rules adopted under | 56719 |
| division (C)(4) of this section. | 56720 |
| (E) The Department of Job and Family Services shall ensure | 56721 |
| that all reimbursements paid to an early learning agency under | 56722 |
| this section are only for Title IV-A services provided to eligible | 56723 |
| children. | 56724 |
| (F) Upon the transfer of appropriation from Department of | 56725 |
| Education appropriation line 200-663, Early Learning Initiative | 56726 |
| (Fund 5W2), to Department of Job and Family Services appropriation | 56727 |
| item 600-689, TANF Block Grant (Fund 3V6), up to $94,380,000 in | 56728 |
| fiscal year 2006 and up to $113,256,000 in fiscal year 2007 shall | 56729 |
| be used to reimburse early learning agencies under this section. | 56730 |
| The Department of Job and Family Services shall provide up to | 56731 |
| 10,000 slots of services for eligible children in fiscal year 2006 | 56732 |
| and up to 12,000 slots of services for eligible children in fiscal | 56733 |
| year 2007 through the Early Learning Initiative. | 56734 |
| If, on or after the thirty-first day of December of each | 56735 |
| fiscal year, the Director of Budget and Management, in | 56736 |
| consultation with the Director of Job and Family Services and the | 56737 |
| Superintendent of Public Instruction, determines that there is a | 56738 |
| balance of funds in the Early Learning Initiative in either fiscal | 56739 |
| year 2006 or fiscal year 2007, the Director of Budget and | 56740 |
| Management may approve the use of the funds by the Department of | 56741 |
| Job and Family Services to provide publicly funded child day-care, | 56742 |
| as defined in section 5104.01 of the Revised Code. | 56743 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 56744 |
| (Fund 3V6), up to $800,000 in each fiscal year may be used for | 56745 |
| administration of the Early Learning Initiative. | 56746 |
| The Director of Budget and Management, at the request of the | 56747 |
| Director of Job and Family Services, may transfer in each fiscal | 56748 |
| year up to $2,200,000 cash from the Temporary Assistance for Needy | 56749 |
| Families Federal Fund (Fund 3V6) to the Early Learning Initiative | 56750 |
| (Fund 5W2) for administration of the Early Learning Initiative. | 56751 |
| (G) Any contract executed prior to July 1, 2005, between an | 56752 |
| early learning agency, the Department of Job and Family Services, | 56753 |
| and the Department of Education shall be deemed to be effective as | 56754 |
| of July 1, 2005, upon issuance of a state purchase order even if | 56755 |
| such purchase order is approved at some later date, unless the | 56756 |
| executed contract expressly provides for a start date after July | 56757 |
| 1, 2005. | 56758 |
| Section 206.67.15. PRESCRIPTION DRUG REBATE FUND | 56759 |
| The foregoing appropriation item 600-692, Health Care | 56760 |
| Services, shall be used by the Department of Job and Family | 56761 |
| Services in accordance with section 5111.081 of the Revised Code. | 56762 |
| Moneys recovered by the Department for either hospital settlements | 56763 |
| or pursuant to the Department's rights of recovery under section | 56764 |
| 5101.58 of the Revised Code, that are not directed to the Health | 56765 |
| Care Services Administration Fund (Fund 5U3) under section 5111.94 | 56766 |
| of the Revised Code, shall also be deposited into Fund 5P5. | 56767 |
| Section 206.72. JCO JUDICIAL CONFERENCE OF OHIO | 56768 |
| General Revenue Fund | 56769 |
| GRF | 018-321 | Operating Expenses | $ | 957,000 | $ | 957,000 | 56770 | ||||
| TOTAL GRF General Revenue Fund | $ | 957,000 | $ | 957,000 | 56771 | ||||||
| General Services Fund Group | 56772 |
| 403 | 018-601 | Ohio Jury Instructions | $ | 225,000 | $ | 225,000 | 56773 | ||||
| TOTAL GSF General Services Fund Group | $ | 225,000 | $ | 225,000 | 56774 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,182,000 | $ | 1,182,000 | 56775 | ||||||
| STATE COUNCIL OF UNIFORM STATE LAWS | 56776 |
| Notwithstanding section 105.26 of the Revised Code, of the | 56777 |
| foregoing appropriation item 018-321, Operating Expenses, up to | 56778 |
| $66,000 in fiscal year 2006 and up to $68,000 in fiscal year 2007 | 56779 |
| may be used to pay the expenses of the State Council of Uniform | 56780 |
| State Laws, including membership dues to the National Conference | 56781 |
| of Commissioners on Uniform State Laws. | 56782 |
| OHIO JURY INSTRUCTIONS FUND | 56783 |
| The Ohio Jury Instructions Fund (Fund 403) shall consist of | 56784 |
| grants, royalties, dues, conference fees, bequests, devises, and | 56785 |
| other gifts received for the purpose of supporting costs incurred | 56786 |
| by the Judicial Conference of Ohio in dispensing educational and | 56787 |
| informational data to the state's judicial system. Fund 403 shall | 56788 |
| be used by the Judicial Conference of Ohio to pay expenses | 56789 |
| incurred in dispensing educational and informational data to the | 56790 |
| state's judicial system. All moneys accruing to Fund 403 in excess | 56791 |
| of $225,000 in fiscal year 2006 and in excess of $225,000 in | 56792 |
| fiscal year 2007 are hereby appropriated for the purposes | 56793 |
| authorized. | 56794 |
| No money in the Ohio Jury Instructions Fund shall be | 56795 |
| transferred to any other fund by the Director of Budget and | 56796 |
| Management or the Controlling Board. | 56797 |
| Section 206.75. JSC THE JUDICIARY/SUPREME COURT | 56798 |
| General Revenue Fund | 56799 |
| GRF | 005-321 | Operating Expenses - Judiciary/Supreme Court | $ | 121,661,980 | $ | 126,300,227 | 56800 | ||||
| GRF | 005-401 | State Criminal Sentencing Council | $ | 328,676 | $ | 343,730 | 56801 | ||||
| GRF | 005-406 | Law-Related Education | $ | 216,131 | $ | 222,615 | 56802 | ||||
| GRF | 005-502 | Commission for Legal Education Opportunity | $ | 685,000 | $ | 1,270,000 | 56803 | ||||
| TOTAL GRF General Revenue Fund | $ | 122,891,787 | $ | 128,136,572 | 56804 | ||||||
| General Services Fund Group | 56805 |
| 672 | 005-601 | Continuing Judicial Education | $ | 130,000 | $ | 130,000 | 56806 | ||||
| TOTAL GSF General Services Fund Group | $ | 130,000 | $ | 130,000 | 56807 | ||||||
| Federal Special Revenue Fund Group | 56808 |
| 3J0 | 005-603 | Federal Grants | $ | 848,070 | $ | 861,382 | 56809 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 848,070 | $ | 861,382 | 56810 | ||||||
| State Special Revenue Fund Group | 56811 |
| 4C8 | 005-605 | Attorney Registration | $ | 3,169,774 | $ | 3,264,867 | 56812 | ||||
| 5T8 | 005-609 | Grants and Awards | $ | 10,000 | $ | 10,000 | 56813 | ||||
| 6A8 | 005-606 | Supreme Court Admissions | $ | 1,410,718 | $ | 1,453,042 | 56814 | ||||
| 643 | 005-607 | Commission on Continuing Legal Education | $ | 569,203 | $ | 586,261 | 56815 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,159,695 | $ | 5,314,170 | 56816 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 129,029,552 | $ | 134,442,124 | 56817 | ||||||
| LAW-RELATED EDUCATION | 56818 |
| The foregoing appropriation item 005-406, Law-Related | 56819 |
| Education, shall be distributed directly to the Ohio Center for | 56820 |
| Law-Related Education for the purposes of providing continuing | 56821 |
| citizenship education activities to primary and secondary | 56822 |
| students, expanding delinquency prevention programs, increasing | 56823 |
| activities for at-risk youth, and accessing additional public and | 56824 |
| private money for new programs. | 56825 |
| COMMISSION FOR LEGAL EDUCATION OPPORTUNITY | 56826 |
| The foregoing appropriation item 005-502, Commission for | 56827 |
| Legal Education Opportunity, shall be used to fund activities of | 56828 |
| the Commission for Legal Education Opportunity created by the | 56829 |
| Chief Justice of the Supreme Court of Ohio for purposes of | 56830 |
| assisting minority, low-income, and educationally disadvantaged | 56831 |
| college graduates in transition to legal education. Moneys | 56832 |
| appropriated to the Commission for Legal Education Opportunity may | 56833 |
| be used to establish and provide intensive course study designed | 56834 |
| to prepare eligible college graduates for law education, provide | 56835 |
| annual stipends for students who successfully complete the course | 56836 |
| of study and are admitted to and maintain satisfactory academic | 56837 |
| standing in an Ohio law school, and pay the administrative costs | 56838 |
| associated with the program. | 56839 |
| CONTINUING JUDICIAL EDUCATION | 56840 |
| The Continuing Judicial Education Fund (Fund 672) shall | 56841 |
| consist of fees paid by judges and court personnel for attending | 56842 |
| continuing education courses and other gifts and grants received | 56843 |
| for the purpose of continuing judicial education. The foregoing | 56844 |
| appropriation item 005-601, Continuing Judicial Education, shall | 56845 |
| be used to pay expenses for continuing education courses for | 56846 |
| judges and court personnel. If it is determined by the | 56847 |
| Administrative Director of the Supreme Court that additional | 56848 |
| appropriations are necessary, the amounts are hereby appropriated. | 56849 |
| No money in the Continuing Judicial Education Fund shall be | 56850 |
| transferred to any other fund by the Director of Budget and | 56851 |
| Management or the Controlling Board. Interest earned on moneys in | 56852 |
| the Continuing Judicial Education Fund shall be credited to the | 56853 |
| fund. | 56854 |
| FEDERAL GRANTS | 56855 |
| The Federal Grants Fund (Fund 3J0) shall consist of grants | 56856 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 56857 |
| the United States Government or other entities that receive the | 56858 |
| moneys directly from the United States Government and distribute | 56859 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 56860 |
| appropriation item 005-603, Federal Grants, shall be used in a | 56861 |
| manner consistent with the purpose of the grant or award. If it is | 56862 |
| determined by the Administrative Director of the Supreme Court | 56863 |
| that additional appropriations are necessary, the amounts are | 56864 |
| hereby appropriated. | 56865 |
| No money in the Federal Grants Fund shall be transferred to | 56866 |
| any other fund by the Director of Budget and Management or the | 56867 |
| Controlling Board. However, interest earned on moneys in the | 56868 |
| Federal Grants Fund shall be credited or transferred to the | 56869 |
| General Revenue Fund. | 56870 |
| ATTORNEY REGISTRATION | 56871 |
| In addition to funding other activities considered | 56872 |
| appropriate by the Supreme Court, the foregoing appropriation item | 56873 |
| 005-605, Attorney Registration, may be used to compensate | 56874 |
| employees and to fund appropriate activities of the following | 56875 |
| offices established by the Supreme Court under the Rules for the | 56876 |
| Government of the Bar of Ohio: the Office of Disciplinary Counsel, | 56877 |
| the Board of Commissioners on Grievances and Discipline, the | 56878 |
| Clients' Security Fund, the Board of Commissioners on the | 56879 |
| Unauthorized Practice of Law, and the Office of Attorney | 56880 |
| Registration. If it is determined by the Administrative Director | 56881 |
| of the Supreme Court that additional appropriations are necessary, | 56882 |
| the amounts are hereby appropriated. | 56883 |
| No moneys in the Attorney Registration Fund shall be | 56884 |
| transferred to any other fund by the Director of Budget and | 56885 |
| Management or the Controlling Board. Interest earned on moneys in | 56886 |
| the Attorney Registration Fund shall be credited to the fund. | 56887 |
| GRANTS AND AWARDS | 56888 |
| The Grants and Awards Fund (Fund 5T8) shall consist of grants | 56889 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 56890 |
| the State Justice Institute, the Division of Criminal Justice | 56891 |
| Services, or other entities. The foregoing appropriation item | 56892 |
| 005-609, Grants and Awards, shall be used in a manner consistent | 56893 |
| with the purpose of the grant or award. If it is determined by the | 56894 |
| Administrative Director of the Supreme Court that additional | 56895 |
| appropriations are necessary, the amounts are hereby appropriated. | 56896 |
| No moneys in the Grants and Awards Fund shall be transferred | 56897 |
| to any other fund by the Director of Budget and Management or the | 56898 |
| Controlling Board. However, interest earned on moneys in the | 56899 |
| Grants and Awards Fund shall be credited or transferred to the | 56900 |
| General Revenue Fund. | 56901 |
| SUPREME COURT ADMISSIONS | 56902 |
| The foregoing appropriation item 005-606, Supreme Court | 56903 |
| Admissions, shall be used to compensate Supreme Court employees | 56904 |
| who are primarily responsible for administering the attorney | 56905 |
| admissions program under the Rules for the Government of the Bar | 56906 |
| of Ohio, and to fund any other activities considered appropriate | 56907 |
| by the court. Moneys shall be deposited into the Supreme Court | 56908 |
| Admissions Fund (Fund 6A8) under the Supreme Court Rules for the | 56909 |
| Government of the Bar of Ohio. If it is determined by the | 56910 |
| Administrative Director of the Supreme Court that additional | 56911 |
| appropriations are necessary, the amounts are hereby appropriated. | 56912 |
| No moneys in the Supreme Court Admissions Fund shall be | 56913 |
| transferred to any other fund by the Director of Budget and | 56914 |
| Management or the Controlling Board. Interest earned on moneys in | 56915 |
| the Supreme Court Admissions Fund shall be credited to the fund. | 56916 |
| CONTINUING LEGAL EDUCATION | 56917 |
| The foregoing appropriation item 005-607, Commission on | 56918 |
| Continuing Legal Education, shall be used to compensate employees | 56919 |
| of the Commission on Continuing Legal Education established under | 56920 |
| the Supreme Court Rules for the Government of the Bar of Ohio, and | 56921 |
| to fund other activities of the commission considered appropriate | 56922 |
| by the court. If it is determined by the Administrative Director | 56923 |
| of the Supreme Court that additional appropriations are necessary, | 56924 |
| the amounts are hereby appropriated. | 56925 |
| No moneys in the Continuing Legal Education Fund shall be | 56926 |
| transferred to any other fund by the Director of Budget and | 56927 |
| Management or the Controlling Board. Interest earned on moneys in | 56928 |
| the Continuing Legal Education Fund shall be credited to the fund. | 56929 |
| Section 206.78. LEC LAKE ERIE COMMISSION | 56930 |
| State Special Revenue Fund Group | 56931 |
| 4C0 | 780-601 | Lake Erie Protection Fund | $ | 875,000 | $ | 875,000 | 56932 | ||||
| 5D8 | 780-602 | Lake Erie Resources Fund | $ | 486,072 | $ | 492,794 | 56933 | ||||
| TOTAL SSR State Special Revenue | 56934 | ||||||||||
| Fund Group | $ | 1,361,072 | $ | 1,367,794 | 56935 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,361,072 | $ | 1,367,794 | 56936 | ||||||
| CASH TRANSFER | 56937 |
| Not later than the thirtieth day of November of each fiscal | 56938 |
| year, the Executive Director of the Ohio Lake Erie Office, with | 56939 |
| the approval of the Lake Erie Commission, shall certify to the | 56940 |
| Director of Budget and Management the cash balance in the Lake | 56941 |
| Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet | 56942 |
| operating expenses of the Lake Erie Office. The Lake Erie Office | 56943 |
| may request the Director of Budget and Management to transfer up | 56944 |
| to the certified amount from the Lake Erie Resources Fund (Fund | 56945 |
| 5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of | 56946 |
| Budget and Management may transfer the requested amount, or the | 56947 |
| Director may transfer a different amount up to the certified | 56948 |
| amount. Cash transferred shall be used for the purposes described | 56949 |
| in division (A) of section 1506.23 of the Revised Code. The amount | 56950 |
| transferred by the director is hereby appropriated to the | 56951 |
| foregoing appropriation item 780-601, Lake Erie Protection Fund, | 56952 |
| which shall be increased by the amount transferred. | 56953 |
| Section 206.81. LRS LEGAL RIGHTS SERVICE | 56954 |
| General Revenue Fund | 56955 |
| GRF | 054-100 | Personal Services | $ | 162,281 | $ | 162,281 | 56956 | ||||
| GRF | 054-200 | Maintenance | $ | 33,938 | $ | 33,938 | 56957 | ||||
| GRF | 054-300 | Equipment | $ | 1,856 | $ | 1,856 | 56958 | ||||
| GRF | 054-401 | Ombudsman | $ | 291,247 | $ | 291,247 | 56959 | ||||
| TOTAL GRF General Revenue Fund | $ | 489,322 | $ | 489,322 | 56960 | ||||||
| General Services Fund Group | 56961 |
| 416 | 054-601 | Gifts and Donations | $ | 1,352 | $ | 1,352 | 56962 | ||||
| 5M0 | 054-610 | Settlements | $ | 75,000 | $ | 75,000 | 56963 | ||||
| TOTAL GSF General Services | 56964 | ||||||||||
| Fund Group | $ | 76,352 | $ | 76,352 | 56965 | ||||||
| Federal Special Revenue Fund Group | 56966 |
| 3AG | 054-613 | Protection and Advocacy - Voter Accessibility | $ | 114,089 | $ | 114,089 | 56967 | ||||
| 3B8 | 054-603 | Protection and Advocacy - Mentally Ill | $ | 1,059,041 | $ | 1,059,041 | 56968 | ||||
| 3N3 | 054-606 | Protection and Advocacy - Individual Rights | $ | 550,283 | $ | 550,283 | 56969 | ||||
| 3N9 | 054-607 | Assistive Technology | $ | 141,686 | $ | 141,686 | 56970 | ||||
| 3R9 | 054-604 | Family Support Collaborative | $ | 50,000 | $ | 50,000 | 56971 | ||||
| 3T2 | 054-609 | Client Assistance Program | $ | 400,553 | $ | 400,553 | 56972 | ||||
| 3X1 | 054-611 | Protection and Advocacy for Beneficiaries of Social Security | $ | 187,784 | $ | 187,784 | 56973 | ||||
| 3Z6 | 054-612 | Traumatic Brain Injury | $ | 65,138 | $ | 65,138 | 56974 | ||||
| 305 | 054-602 | Protection and Advocacy - Developmentally Disabled | $ | 1,369,082 | $ | 1,369,082 | 56975 | ||||
| TOTAL FED Federal Special Revenue | 56976 | ||||||||||
| Fund Group | $ | 3,937,656 | $ | 3,937,656 | 56977 | ||||||
| State Special Revenue Fund Group | 56978 |
| 5AE | 054-614 | Grants and Contracts | $ | 75,000 | $ | 75,000 | 56979 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 75,000 | $ | 75,000 | 56980 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,578,330 | $ | 4,578,330 | 56981 | ||||||
| Section 206.84. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 56983 |
| General Revenue Fund | 56984 |
| GRF | 028-321 | Legislative Ethics Committee | $ | 550,000 | $ | 550,000 | 56985 | ||||
| TOTAL GRF General Revenue Fund | $ | 550,000 | $ | 550,000 | 56986 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 550,000 | $ | 550,000 | 56987 |
| Section 206.87. LSC LEGISLATIVE SERVICE COMMISSION | 56989 |
| General Revenue Fund | 56990 |
| GRF | 035-321 | Operating Expenses | $ | 14,770,000 | $ | 14,770,000 | 56991 | ||||
| GRF | 035-402 | Legislative Interns | $ | 1,012,000 | $ | 1,012,000 | 56992 | ||||
| GRF | 035-404 | Legislative Office of Education Oversight | $ | 1,256,427 | $ | 1,256,427 | 56993 | ||||
| GRF | 035-405 | Correctional Institution Inspection Committee | $ | 375,000 | $ | 390,000 | 56994 | ||||
| GRF | 035-409 | National Associations | $ | 445,000 | $ | 456,000 | 56995 | ||||
| GRF | 035-410 | Legislative Information Systems | $ | 3,625,000 | $ | 3,625,000 | 56996 | ||||
| TOTAL GRF General Revenue Fund | $ | 21,483,427 | $ | 21,509,427 | 56997 | ||||||
| General Services Fund Group | 56998 |
| 4F6 | 035-603 | Legislative Budget Services | $ | 152,000 | $ | 152,500 | 56999 | ||||
| 410 | 035-601 | Sale of Publications | $ | 25,000 | $ | 25,000 | 57000 | ||||
| TOTAL GSF General Services | 57001 | ||||||||||
| Fund Group | $ | 177,000 | $ | 177,500 | 57002 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,660,427 | $ | 21,686,927 | 57003 | ||||||
| Section 206.90. LIB STATE LIBRARY BOARD | 57005 |
| General Revenue Fund | 57006 |
| GRF | 350-321 | Operating Expenses | $ | 6,298,677 | $ | 6,298,677 | 57007 | ||||
| GRF | 350-400 | Ohio Public Library Information Network | $ | 4,230,000 | $ | 4,230,000 | 57008 | ||||
| GRF | 350-401 | Ohioana Rental Payments | $ | 124,816 | $ | 124,816 | 57009 | ||||
| GRF | 350-501 | Library for the Blind-Cincinnati | $ | 535,615 | $ | 535,615 | 57010 | ||||
| GRF | 350-502 | Regional Library Systems | $ | 1,010,441 | $ | 1,010,441 | 57011 | ||||
| GRF | 350-503 | Library for the Blind-Cleveland | $ | 805,642 | $ | 805,642 | 57012 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,005,191 | $ | 13,005,191 | 57013 | ||||||
| General Services Fund Group | 57014 |
| 139 | 350-602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | 57015 | ||||
| 4S4 | 350-604 | OPLIN Technology | $ | 3,000,000 | $ | 3,000,000 | 57016 | ||||
| 459 | 350-602 | Interlibrary Service Charges | $ | 2,469,925 | $ | 2,708,092 | 57017 | ||||
| TOTAL GSF General Services | 57018 | ||||||||||
| Fund Group | $ | 5,478,925 | $ | 5,717,092 | 57019 | ||||||
| Federal Special Revenue Fund Group | 57020 |
| 313 | 350-601 | LSTA Federal | $ | 5,643,905 | $ | 5,643,905 | 57021 | ||||
| TOTAL FED Federal Special Revenue | 57022 | ||||||||||
| Fund Group | $ | 5,643,905 | $ | 5,643,905 | 57023 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 24,128,021 | $ | 24,366,188 | 57024 | ||||||
| OHIOANA RENTAL PAYMENTS | 57025 |
| The foregoing appropriation item 350-401, Ohioana Rental | 57026 |
| Payments, shall be used to pay the rental expenses of the Martha | 57027 |
| Kinney Cooper Ohioana Library Association pursuant to section | 57028 |
| 3375.61 of the Revised Code. | 57029 |
| LIBRARY FOR THE BLIND-CINCINNATI | 57030 |
| The foregoing appropriation item 350-501, Library for the | 57031 |
| Blind-Cincinnati, shall be used for the Talking Book program, | 57032 |
| which assists the blind and disabled. | 57033 |
| REGIONAL LIBRARY SYSTEMS | 57034 |
| The foregoing appropriation item 350-502, Regional Library | 57035 |
| Systems, shall be used to support regional library systems | 57036 |
| eligible for funding under sections 3375.83 and 3375.90 of the | 57037 |
| Revised Code. | 57038 |
| LIBRARY FOR THE BLIND-CLEVELAND | 57039 |
| The foregoing appropriation item 350-503, Library for the | 57040 |
| Blind-Cleveland, shall be used for the Talking Book program, which | 57041 |
| assists the blind and disabled. | 57042 |
| OHIO PUBLIC LIBRARY INFORMATION NETWORK | 57043 |
| The foregoing appropriation items 350-604, OPLIN Technology, | 57044 |
| and 350-400, Ohio Public Library Information Network, shall be | 57045 |
| used for an information telecommunications network linking public | 57046 |
| libraries in the state and such others as may be certified as | 57047 |
| participants by the Ohio Public Library Information Network Board. | 57048 |
| The Ohio Public Library Information Network Board shall | 57049 |
| consist of eleven members appointed by the State Library Board | 57050 |
| from among the staff of public libraries and past and present | 57051 |
| members of boards of trustees of public libraries, based on the | 57052 |
| recommendations of the Ohio library community. The Ohio Public | 57053 |
| Library Information Network Board, in consultation with the State | 57054 |
| Library, shall develop a plan of operations for the network. The | 57055 |
| board may make decisions regarding use of the foregoing | 57056 |
| appropriation items 350-400, Ohio Public Library Information | 57057 |
| Network, and 350-604, OPLIN Technology, may receive and expend | 57058 |
| grants to carry out the operations of the network in accordance | 57059 |
| with state law, and may appoint and fix the compensation of a | 57060 |
| director and necessary staff. The State Library shall be the | 57061 |
| fiscal agent for the network and shall have fiscal accountability | 57062 |
| for the expenditure of funds. The Ohio Public Library Information | 57063 |
| Network Board members shall be reimbursed for actual travel and | 57064 |
| necessary expenses incurred in carrying out their | 57065 |
| responsibilities. | 57066 |
| In order to limit access to obscene and illegal materials | 57067 |
| through internet use at Ohio Public Library Information Network | 57068 |
| (OPLIN) terminals, local libraries with OPLIN computer terminals | 57069 |
| shall adopt policies that control access to obscene and illegal | 57070 |
| materials. These policies may include use of technological systems | 57071 |
| to select or block certain internet access. The OPLIN shall | 57072 |
| condition provision of its funds, goods, and services on | 57073 |
| compliance with these policies. The OPLIN Board shall also adopt | 57074 |
| and communicate specific recommendations to local libraries on | 57075 |
| methods to control such improper usage. These methods may include | 57076 |
| each library implementing a written policy controlling such | 57077 |
| improper use of library terminals and requirements for parental | 57078 |
| involvement or written authorization for juvenile internet usage. | 57079 |
| The OPLIN Board shall research and assist or advise local | 57080 |
| libraries with regard to emerging technologies and methods that | 57081 |
| may be effective means to control access to obscene and illegal | 57082 |
| materials. The OPLIN Executive Director shall biannually provide | 57083 |
| written reports to the Governor, the Speaker and Minority Leader | 57084 |
| of the House of Representatives, and the President and Minority | 57085 |
| Leader of the Senate on any steps being taken by OPLIN and public | 57086 |
| libraries in the state to limit and control such improper usage as | 57087 |
| well as information on technological, legal, and law enforcement | 57088 |
| trends nationally and internationally affecting this area of | 57089 |
| public access and service. | 57090 |
| The Ohio Public Library Information Network, INFOhio, and | 57091 |
| OhioLINK shall, to the extent feasible, coordinate and cooperate | 57092 |
| in their purchase or other acquisition of the use of electronic | 57093 |
| databases for their respective users and shall contribute funds in | 57094 |
| an equitable manner to such effort. | 57095 |
| Section 206.93. LCO LIQUOR CONTROL COMMISSION | 57096 |
| Liquor Control Fund Group | 57097 |
| 043 | 970-321 | Operating Expenses | $ | 818,219 | $ | 842,765 | 57098 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 818,219 | $ | 842,765 | 57099 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 818,219 | $ | 842,765 | 57100 | ||||||
| Section 206.96. LOT STATE LOTTERY COMMISSION | 57102 |
| General Services Fund Group | 57103 |
| 231 | 950-604 | Charitable Gaming Oversight | $ | 1,200,000 | $ | 1,200,000 | 57104 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,200,000 | $ | 1,200,000 | 57105 | ||||||
| State Lottery Fund Group | 57106 |
| 044 | 950-100 | Personal Services | $ | 24,969,422 | $ | 25,457,016 | 57107 | ||||
| 044 | 950-200 | Maintenance | $ | 17,642,894 | $ | 17,954,156 | 57108 | ||||
| 044 | 950-300 | Equipment | $ | 2,517,533 | $ | 2,494,718 | 57109 | ||||
| 044 | 950-402 | Game and Advertising Contracts | $ | 70,524,000 | $ | 70,024,000 | 57110 | ||||
| 044 | 950-500 | Problem Gambling Subsidy | $ | 335,000 | $ | 335,000 | 57111 | ||||
| 044 | 950-601 | Prizes, Bonuses, and Commissions | $ | 150,952,466 | $ | 147,716,286 | 57112 | ||||
| 871 | 950-602 | Annuity Prizes | $ | 148,680,031 | $ | 138,918,557 | 57113 | ||||
| TOTAL SLF State Lottery Fund | 57114 | ||||||||||
| Group | $ | 415,621,346 | $ | 402,899,733 | 57115 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 416,821,346 | $ | 404,099,733 | 57116 | ||||||
| OPERATING EXPENSES | 57117 |
| Notwithstanding sections 127.14 and 131.35 of the Revised | 57118 |
| Code, the Controlling Board may, at the request of the State | 57119 |
| Lottery Commission, authorize additional appropriations for | 57120 |
| operating expenses of the State Lottery Commission from the State | 57121 |
| Lottery Fund up to a maximum of 15 per cent of anticipated total | 57122 |
| revenue accruing from the sale of lottery tickets. | 57123 |
| PRIZES, BONUSES, AND COMMISSIONS | 57124 |
| Any amounts, in addition to the amounts appropriated in | 57125 |
| appropriation item 950-601, Prizes, Bonuses, and Commissions, that | 57126 |
| the Director of the State Lottery Commission determines to be | 57127 |
| necessary to fund prizes, bonuses, and commissions are hereby | 57128 |
| appropriated. | 57129 |
| ANNUITY PRIZES | 57130 |
| With the approval of the Office of Budget and Management, the | 57131 |
| State Lottery Commission shall transfer cash from the State | 57132 |
| Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund | 57133 |
| (Fund 871) in an amount sufficient to fund deferred prizes. The | 57134 |
| Treasurer of State, from time to time, shall credit the Deferred | 57135 |
| Prizes Trust Fund (Fund 871) the pro rata share of interest earned | 57136 |
| by the Treasurer of State on invested balances. | 57137 |
| Any amounts, in addition to the amounts appropriated in | 57138 |
| appropriation item 950-602, Annuity Prizes, that the Director of | 57139 |
| the State Lottery Commission determines to be necessary to fund | 57140 |
| deferred prizes and interest earnings are hereby appropriated. | 57141 |
| TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 57142 |
| The Ohio Lottery Commission shall transfer an amount greater | 57143 |
| than or equal to $637,900,000 in fiscal year 2006 and $637,900,000 | 57144 |
| in fiscal year 2007 to the Lottery Profits Education Fund. | 57145 |
| Transfers from the Commission to the Lottery Profits Education | 57146 |
| Fund shall represent the estimated net income from operations for | 57147 |
| the Commission in fiscal year 2006 and fiscal year 2007. Transfers | 57148 |
| by the Commission to the Lottery Profits Education Fund shall be | 57149 |
| administered as the statutes direct. | 57150 |
| Section 206.99. MHC MANUFACTURED HOMES COMMISSION | 57151 |
| General Services Fund Group | 57152 |
| 4K9 | 996-609 | Operating Expenses | $ | 272,500 | $ | 0 | 57153 | ||||
| TOTAL GSF General Services | 57154 | ||||||||||
| Fund Group | $ | 272,500 | $ | 0 | 57155 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 272,500 | $ | 0 | 57156 | ||||||
| Section 209.03. MED STATE MEDICAL BOARD | 57158 |
| General Services Fund Group | 57159 |
| 5C6 | 883-609 | Operating Expenses | $ | 7,467,317 | $ | 0 | 57160 | ||||
| TOTAL GSF General Services | 57161 | ||||||||||
| Fund Group | $ | 7,467,317 | $ | 0 | 57162 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,467,317 | $ | 0 | 57163 | ||||||
| Section 209.06. DMH DEPARTMENT OF MENTAL HEALTH | 57165 |
| General Services Fund Group | 57166 |
| 151 | 235-601 | General Administration | $ | 89,614,180 | $ | 93,898,713 | 57167 | ||||
| TOTAL ISF Intragovernmental | 57168 | ||||||||||
| Service Fund Group | $ | 89,614,180 | $ | 93,898,713 | 57169 | ||||||
| 57170 |
| 57171 |
| General Revenue Fund | 57172 |
| GRF | 332-401 | Forensic Services | $ | 4,338,858 | $ | 4,338,858 | 57173 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,338,858 | $ | 4,338,858 | 57174 | ||||||
| FORENSIC SERVICES | 57175 |
| The foregoing appropriation item 332-401, Forensic Services, | 57176 |
| shall be used to provide psychiatric services to courts of common | 57177 |
| pleas. The appropriation shall be allocated through community | 57178 |
| mental health boards to certified community agencies and shall be | 57179 |
| distributed according to the criteria delineated in rule | 57180 |
| 5122:4-1-01 of the Administrative Code. These community forensic | 57181 |
| funds may also be used to provide forensic training to community | 57182 |
| mental health boards and to forensic psychiatry residency programs | 57183 |
| in hospitals operated by the Department of Mental Health and to | 57184 |
| provide evaluations of patients of forensic status in facilities | 57185 |
| operated by the Department of Mental Health prior to conditional | 57186 |
| release to the community. | 57187 |
| In addition, appropriation item 332-401, Forensic Services, | 57188 |
| may be used to support projects involving mental health, substance | 57189 |
| abuse, courts, and law enforcement to identify and develop | 57190 |
| appropriate alternative services to institutionalization for | 57191 |
| nonviolent mentally ill offenders, and to provide linkage to | 57192 |
| community services for severely mentally disabled offenders | 57193 |
| released from institutions operated by the Department of | 57194 |
| Rehabilitation and Correction. Funds may also be utilized to | 57195 |
| provide forensic monitoring and tracking in addition to community | 57196 |
| programs serving persons of forensic status on conditional release | 57197 |
| or probation. | 57198 |
| 57199 |
| 57200 |
| General Revenue Fund | 57201 |
| GRF | 333-321 | Central Administration | $ | 23,853,669 | $ | 23,853,669 | 57202 | ||||
| GRF | 333-402 | Resident Trainees | $ | 1,364,919 | $ | 1,364,919 | 57203 | ||||
| GRF | 333-403 | Pre-Admission Screening Expenses | $ | 650,135 | $ | 650,135 | 57204 | ||||
| GRF | 333-415 | Lease-Rental Payments | $ | 23,296,200 | $ | 23,833,600 | 57205 | ||||
| GRF | 333-416 | Research Program Evaluation | $ | 1,001,551 | $ | 1,001,551 | 57206 | ||||
| TOTAL GRF General Revenue Fund | $ | 50,166,474 | $ | 50,703,874 | 57207 | ||||||
| General Services Fund Group | 57208 |
| 149 | 333-609 | Central Office Rotary - Operating | $ | 883,773 | $ | 893,786 | 57209 | ||||
| TOTAL General Services Fund Group | $ | 883,773 | $ | 893,786 | 57210 | ||||||
| Federal Special Revenue Fund Group | 57211 |
| 3A6 | 333-608 | Community & Hospital Services | $ | 65,000 | $ | 0 | 57212 | ||||
| 3A8 | 333-613 | Federal Grant - Administration | $ | 562,417 | $ | 512,417 | 57213 | ||||
| 3A9 | 333-614 | Mental Health Block Grant | $ | 748,740 | $ | 748,740 | 57214 | ||||
| 3B1 | 333-635 | Community Medicaid Expansion | $ | 3,671,537 | $ | 3,691,683 | 57215 | ||||
| 324 | 333-605 | Medicaid/Medicare | $ | 150,000 | $ | 150,000 | 57216 | ||||
| TOTAL Federal Special Revenue | 57217 | ||||||||||
| Fund Group | $ | 5,197,694 | $ | 5,102,570 | 57218 | ||||||
| State Special Revenue Fund Group | 57219 |
| 4X5 | 333-607 | Behavioral Health Medicaid Services | $ | 3,000,634 | $ | 3,000,634 | 57220 | ||||
| 485 | 333-632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 57221 | ||||
| TOTAL State Special Revenue | 57222 | ||||||||||
| Fund Group | $ | 3,134,867 | $ | 3,134,867 | 57223 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 59,382,808 | $ | 59,835,097 | 57224 | ||||||
| RESIDENCY TRAINEESHIP PROGRAMS | 57225 |
| The foregoing appropriation item 333-402, Resident Trainees, | 57226 |
| shall be used to fund training agreements entered into by the | 57227 |
| Department of Mental Health for the development of curricula and | 57228 |
| the provision of training programs to support public mental health | 57229 |
| services. | 57230 |
| PRE-ADMISSION SCREENING EXPENSES | 57231 |
| The foregoing appropriation item 333-403, Pre-Admission | 57232 |
| Screening Expenses, shall be used to pay for costs to ensure that | 57233 |
| uniform statewide methods for pre-admission screening are in place | 57234 |
| to perform assessments for persons in need of mental health | 57235 |
| services or for whom institutional placement in a hospital or in | 57236 |
| another inpatient facility is sought. Pre-admission screening | 57237 |
| includes the following activities: pre-admission assessment, | 57238 |
| consideration of continued stay requests, discharge planning and | 57239 |
| referral, and adjudication of appeals and grievance procedures. | 57240 |
| LEASE-RENTAL PAYMENTS | 57241 |
| The foregoing appropriation item 333-415, Lease-Rental | 57242 |
| Payments, shall be used to meet all payments at the times they are | 57243 |
| required to be made during the period from July 1, 2005, to June | 57244 |
| 30, 2007, by the Department of Mental Health under leases and | 57245 |
| agreements made under section 154.20 of the Revised Code, but | 57246 |
| limited to the aggregate amount of $49,142,400. Nothing in this | 57247 |
| act shall be deemed to contravene the obligation of the state to | 57248 |
| pay, without necessity for further appropriation, from the sources | 57249 |
| pledged thereto, the bond service charges on obligations issued | 57250 |
| under section 154.20 of the Revised Code. | 57251 |
| Section 209.06.03. DIVISION OF MENTAL HEALTH - HOSPITALS | 57252 |
| General Revenue Fund | 57253 |
| GRF | 334-408 | Community and Hospital Mental Health Services | $ | 390,424,545 | $ | 400,324,545 | 57254 | ||||
| GRF | 334-506 | Court Costs | $ | 976,652 | $ | 976,652 | 57255 | ||||
| TOTAL GRF General Revenue Fund | $ | 391,401,197 | $ | 401,301,197 | 57256 | ||||||
| General Services Fund Group | 57257 |
| 149 | 334-609 | Hospital Rotary - Operating Expenses | $ | 24,408,053 | $ | 24,408,053 | 57258 | ||||
| 150 | 334-620 | Special Education | $ | 120,930 | $ | 120,930 | 57259 | ||||
| TOTAL GSF General Services | 57260 | ||||||||||
| Fund Group | $ | 24,528,983 | $ | 24,528,983 | 57261 | ||||||
| Federal Special Revenue Fund Group | 57262 |
| 3A6 | 334-608 | Subsidy for Federal Grants | $ | 586,224 | $ | 586,224 | 57263 | ||||
| 3A8 | 334-613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 57264 | ||||
| 3B0 | 334-617 | Elementary and Secondary Education Act | $ | 171,930 | $ | 178,807 | 57265 | ||||
| 3B1 | 334-635 | Hospital Medicaid Expansion | $ | 2,000,000 | $ | 2,000,000 | 57266 | ||||
| 324 | 334-605 | Medicaid/Medicare | $ | 11,764,280 | $ | 11,873,408 | 57267 | ||||
| TOTAL FED Federal Special Revenue | 57268 | ||||||||||
| Fund Group | $ | 14,722,434 | $ | 14,838,439 | 57269 | ||||||
| State Special Revenue Fund Group | 57270 |
| 485 | 334-632 | Mental Health Operating | $ | 2,476,297 | $ | 2,476,297 | 57271 | ||||
| 692 | 334-636 | Community Mental Health Board Risk Fund | $ | 80,000 | $ | 80,000 | 57272 | ||||
| TOTAL SSR State Special Revenue | 57273 | ||||||||||
| Fund Group | $ | 2,556,297 | $ | 2,556,297 | 57274 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 433,208,911 | $ | 443,224,916 | 57275 | ||||||
| COMMUNITY MENTAL HEALTH BOARD RISK FUND | 57276 |
| The foregoing appropriation item 334-636, Community Mental | 57277 |
| Health Board Risk Fund, shall be used to make payments under | 57278 |
| section 5119.62 of the Revised Code. | 57279 |
| Section 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY | 57280 |
| SUPPORT SERVICES | 57281 |
| General Revenue Fund | 57282 |
| GRF | 335-404 | Behavioral Health Services-Children | $ | 6,365,265 | $ | 7,365,265 | 57283 | ||||
| GRF | 335-405 | Family & Children First | $ | 1,760,000 | $ | 1,760,000 | 57284 | ||||
| GRF | 335-419 | Community Medication Subsidy | $ | 7,959,798 | $ | 7,959,798 | 57285 | ||||
| GRF | 335-505 | Local Mental Health Systems of Care | $ | 94,687,868 | $ | 99,687,868 | 57286 | ||||
| TOTAL GRF General Revenue Fund | $ | 110,772,931 | $ | 116,772,931 | 57287 | ||||||
| General Services Fund Group | 57288 |
| 4P9 | 335-604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 57289 | ||||
| TOTAL GSF General Services | 57290 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 57291 | ||||||
| Federal Special Revenue Fund Group | 57292 |
| 3A6 | 335-608 | Federal Miscellaneous | $ | 1,089,699 | $ | 678,699 | 57293 | ||||
| 3A7 | 335-612 | Social Services Block Grant | $ | 8,657,288 | $ | 8,657,288 | 57294 | ||||
| 3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,407,040 | $ | 2,407,040 | 57295 | ||||
| 3A9 | 335-614 | Mental Health Block Grant | $ | 14,969,400 | $ | 14,969,400 | 57296 | ||||
| 3B1 | 335-635 | Community Medicaid Expansion | $ | 264,088,404 | $ | 282,807,902 | 57297 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 291,211,831 | $ | 309,520,329 | 57298 | ||||||
| State Special Revenue Fund Group | 57299 |
| 632 | 335-616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 57300 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 350,000 | $ | 350,000 | 57301 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 402,584,762 | $ | 426,893,260 | 57302 | ||||||
| DEPARTMENT TOTAL | 57303 | ||||||||||
| GENERAL REVENUE FUND | $ | 556,679,460 | $ | 573,116,860 | 57304 | ||||||
| DEPARTMENT TOTAL | 57305 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 115,276,926 | $ | 119,571,482 | 57306 | ||||||
| DEPARTMENT TOTAL | 57307 | ||||||||||
| FEDERAL SPECIAL REVENUE | 57308 | ||||||||||
| FUND GROUP | $ | 311,131,959 | $ | 329,461,338 | 57309 | ||||||
| DEPARTMENT TOTAL | 57310 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 6,041,164 | $ | 6,041,164 | 57311 | ||||||
| DEPARTMENT TOTAL | 57312 | ||||||||||
| TOTAL DEPARTMENT OF MENTAL HEALTH | $ | 989,129,519 | $ | 1,028,190,844 | 57313 | ||||||
| Section 209.06.09. COMMUNITY MEDICATION SUBSIDY | 57315 |
| The foregoing appropriation item 335-419, Community | 57316 |
| Medication Subsidy, shall be used to provide subsidized support | 57317 |
| for psychotropic medication needs of indigent citizens in the | 57318 |
| community to reduce unnecessary hospitalization because of lack of | 57319 |
| medication and to provide subsidized support for methadone costs. | 57320 |
| LOCAL MENTAL HEALTH SYSTEMS OF CARE | 57321 |
| The foregoing appropriation item 335-505, Local Mental Health | 57322 |
| Systems of Care, shall be used for mental health services provided | 57323 |
| by community mental health boards in accordance with a community | 57324 |
| mental health plan submitted under section 340.03 of the Revised | 57325 |
| Code and as approved by the Department of Mental Health. | 57326 |
| Of the foregoing appropriation, not less than $34,818,917 in | 57327 |
| fiscal year 2006 and not less than $34,818,917 in fiscal year 2007 | 57328 |
| shall be distributed by the Department of Mental Health on a per | 57329 |
| capita basis to community mental health boards. | 57330 |
| Of the foregoing appropriation, $100,000 in each fiscal year | 57331 |
| shall be used to fund family and consumer education and support. | 57332 |
| BEHAVIORAL HEALTH MEDICAID SERVICES | 57333 |
| The Department of Mental Health shall administer specified | 57334 |
| Medicaid Services as delegated by the Department of Job and Family | 57335 |
| Services in an interagency agreement. The foregoing appropriation | 57336 |
| item 333-607, Behavioral Health Medicaid Services, may be used to | 57337 |
| make payments for free-standing psychiatric hospital inpatient | 57338 |
| services as defined in an interagency agreement with the | 57339 |
| Department of Job and Family Services. | 57340 |
| BEHAVIORAL HEALTH - CHILDREN | 57341 |
| The foregoing appropriation item 335-404, Behavioral Health | 57342 |
| Services-Children, shall be used to provide behavioral health | 57343 |
| services for children and their families. Behavioral health | 57344 |
| services include mental health and alcohol and other drug | 57345 |
| treatment services and other necessary supports. | 57346 |
| Of the foregoing appropriation item 335-404, Behavioral | 57347 |
| Health Services-Children, an amount up to $5.0 million in fiscal | 57348 |
| year 2006 and $6.0 million in fiscal year 2007 shall be | 57349 |
| distributed to local Alcohol, Drug Addiction, and Mental Health | 57350 |
| Boards; Community Mental Health Boards; and Alcohol and Drug | 57351 |
| Addiction Boards, based upon an approved plan developed and | 57352 |
| endorsed by the local Family and Children First Council. Plans for | 57353 |
| the use of these funds shall be approved by a team of state and | 57354 |
| local stakeholders appointed by the Ohio Family and Children First | 57355 |
| Cabinet Council. This team shall be appointed not later than July | 57356 |
| 1, 2005, and shall include, but not be limited to, all of the | 57357 |
| following: | 57358 |
| (A) At least one representative from each of the Departments | 57359 |
| of Alcohol and Drug Addiction Services, Mental Health, Education, | 57360 |
| Job and Family Services, Mental Retardation and Developmental | 57361 |
| Disabilities, and the Department of Youth Services; | 57362 |
| (B) At least one person representing local public children's | 57363 |
| services agencies; | 57364 |
| (C) At least one person representing juvenile courts; | 57365 |
| (D) At least one person representing local Alcohol, Drug | 57366 |
| Addiction, and Mental Health Boards; Community Mental Health | 57367 |
| Boards; and Alcohol and Drug Addiction Boards; | 57368 |
| (E) At least one person representing local Family and | 57369 |
| Children First Council Coordinators; | 57370 |
| (F) At least one family representative. | 57371 |
| Plans shall be clearly connected to the county service | 57372 |
| coordination mechanism as defined in section 121.37 of the Revised | 57373 |
| Code and shall address all of the following as determined by a | 57374 |
| team of state and local stakeholders appointed by the Ohio Family | 57375 |
| and Children First Cabinet Council: | 57376 |
| (A) Providing services to children with behavioral health | 57377 |
| disorders, particularly those with intensive needs, and their | 57378 |
| families, across all child-serving systems, including child | 57379 |
| welfare and juvenile justice and for those youth whose parents | 57380 |
| would otherwise have to relinquish custody to obtain needed | 57381 |
| behavioral health services; | 57382 |
| (B) Assuring that families are included in all service | 57383 |
| planning activities and have access to advocates to assist them if | 57384 |
| they choose; | 57385 |
| (C) Implementation of home-based services and other | 57386 |
| alternatives to out-of-home placement; | 57387 |
| (D) Assuring that all individual service plans for children | 57388 |
| and their families address the academic achievement of the child; | 57389 |
| (E) Coordinating the most efficient and effective use of | 57390 |
| federal, state, and local funds to meet the needs of children and | 57391 |
| their families. | 57392 |
| Funds may be used to support the following services and | 57393 |
| activities: | 57394 |
| (A) Mental health services provided by the Ohio Department of | 57395 |
| Mental Health certified agencies and alcohol and other drug | 57396 |
| services provided by Department of Alcohol and Drug Addiction | 57397 |
| Services certified agencies; | 57398 |
| (B) Services and supports for children and their families | 57399 |
| that further the implementation of their individual service plans; | 57400 |
| (C) Treatment services in out-of-home settings, including | 57401 |
| residential facilities, when other alternatives are not available | 57402 |
| or feasible; | 57403 |
| (D) Administrative support for efforts associated with this | 57404 |
| initiative; | 57405 |
| (E) These funds shall not be used to supplant existing | 57406 |
| efforts. | 57407 |
| The Ohio Family and Children First Cabinet Council appointed | 57408 |
| team shall approve the plans for local behavioral health services | 57409 |
| and ensure the plans are components of and properly coordinated | 57410 |
| with the county service coordination plan as defined in section | 57411 |
| 121.37 of the Revised Code. In addition to approving the plans for | 57412 |
| new behavioral health funding, this team shall design a mechanism | 57413 |
| to provide technical assistance to local communities, monitor the | 57414 |
| plans, and may, as part of the monitoring role, conduct site | 57415 |
| visits. | 57416 |
| Of the foregoing appropriation item 335-404, Behavioral | 57417 |
| Health Services-Children, an amount up to $1.0 million in fiscal | 57418 |
| year 2006 and $1.0 million in fiscal year 2007 shall be used to | 57419 |
| support at least three demonstration projects, as determined by | 57420 |
| the Ohio Family and Children First Cabinet Council, in select | 57421 |
| areas around the state to focus on improving behavioral health | 57422 |
| services for children involved in the child welfare and juvenile | 57423 |
| justice systems. At least one of these demonstration projects | 57424 |
| shall focus on services for adolescent girls that are involved in | 57425 |
| or at risk of involvement with the juvenile justice system. | 57426 |
| Section 209.09. DMR DEPARTMENT OF MENTAL RETARDATION AND | 57427 |
| DEVELOPMENTAL DISABILITIES | 57428 |
| Section 209.09.03. GENERAL ADMINISTRATION AND STATEWIDE | 57429 |
| SERVICES | 57430 |
| General Revenue Fund | 57431 |
| GRF | 320-321 | Central Administration | $ | 9,357,877 | $ | 9,357,874 | 57432 | ||||
| GRF | 320-412 | Protective Services | $ | 2,463,000 | $ | 2,463,000 | 57433 | ||||
| GRF | 320-415 | Lease-Rental Payments | $ | 23,296,200 | $ | 23,833,600 | 57434 | ||||
| TOTAL GRF General Revenue Fund | $ | 35,117,077 | $ | 35,654,474 | 57435 | ||||||
| General Services Fund Group | 57436 |
| 4B5 | 320-640 | Conference/Training | $ | 300,000 | $ | 300,000 | 57437 | ||||
| TOTAL GSF General Services | 57438 | ||||||||||
| Fund Group | $ | 300,000 | $ | 300,000 | 57439 | ||||||
| Federal Special Revenue Fund Group | 57440 |
| 3A4 | 320-605 | Administrative Support | $ | 13,492,892 | $ | 13,492,892 | 57441 | ||||
| 3A5 | 320-613 | DD Council Operating | $ | 895,440 | $ | 895,440 | 57442 | ||||
| Expenses | 57443 | ||||||||||
| 325 | 320-634 | Protective Services | $ | 100,000 | $ | 100,000 | 57444 | ||||
| TOTAL FED Federal Special Revenue | 57445 | ||||||||||
| Fund Group | $ | 14,488,332 | $ | 14,488,332 | 57446 | ||||||
| State Special Revenue Fund Group | 57447 | ||||||||||
| 5S2 | 590-622 | Medicaid Administration & Oversight | $ | 8,000,000 | $ | 8,000,000 | 57448 | ||||
| TOTAL SSR State Special Revenue | 57449 | ||||||||||
| Fund Group | $ | 8,000,000 | $ | 8,000,000 | 57450 | ||||||
| TOTAL ALL GENERAL ADMINISTRATION | 57451 | ||||||||||
| AND STATEWIDE SERVICES | 57452 | ||||||||||
| BUDGET FUND GROUPS | $ | 57,905,409 | $ | 58,442,806 | 57453 | ||||||
| LEASE-RENTAL PAYMENTS | 57454 |
| The foregoing appropriation item 320-415, Lease-Rental | 57455 |
| Payments, shall be used to meet all payments at the times they are | 57456 |
| required to be made during the period from July 1, 2005, to June | 57457 |
| 30, 2007, by the Department of Mental Retardation and | 57458 |
| Developmental Disabilities under leases and agreements made under | 57459 |
| section 154.20 of the Revised Code, but limited to the aggregate | 57460 |
| amount of $47,129,800. Nothing in this act shall be deemed to | 57461 |
| contravene the obligation of the state to pay, without necessity | 57462 |
| for further appropriation, from the sources pledged thereto, the | 57463 |
| bond service charges on obligations issued under section 154.20 of | 57464 |
| the Revised Code. | 57465 |
| Section 209.09.06. COMMUNITY SERVICES | 57466 |
| General Revenue Fund | 57467 |
| GRF | 322-405 | State Use Program | $ | 268,040 | $ | 268,040 | 57468 | ||||
| GRF | 322-413 | Residential and Support Services | $ | 7,423,021 | $ | 7,423,021 | 57469 | ||||
| GRF | 322-416 | Waiver State Match | $ | 103,090,738 | $ | 104,397,504 | 57470 | ||||
| GRF | 322-417 | Supported Living | $ | 43,160,198 | $ | 43,160,198 | 57471 | ||||
| GRF | 322-451 | Family Support Services | $ | 6,938,898 | $ | 6,938,898 | 57472 | ||||
| GRF | 322-452 | Service and Support Administration | $ | 8,672,730 | $ | 8,672,730 | 57473 | ||||
| GRF | 322-501 | County Boards Subsidies | $ | 32,193,542 | $ | 32,193,542 | 57474 | ||||
| GRF | 322-503 | Tax Equity | $ | 14,500,000 | $ | 14,500,000 | 57475 | ||||
| TOTAL GRF General Revenue Fund | $ | 216,247,167 | $ | 217,553,933 | 57476 | ||||||
| General Services Fund Group | 57477 |
| 4U4 | 322-606 | Community MR and DD Trust | $ | 300,000 | $ | 50,000 | 57478 | ||||
| 4V1 | 322-611 | Family and Children First | $ | 625,000 | $ | 625,000 | 57479 | ||||
| 488 | 322-603 | Provider Audit Refunds | $ | 350,000 | $ | 350,000 | 57480 | ||||
| TOTAL GSF General Services | 57481 | ||||||||||
| Fund Group | $ | 1,275,000 | $ | 1,025,000 | 57482 | ||||||
| Federal Special Revenue Fund Group | 57483 |
| 3A4 | 322-605 | Community Program Support | $ | 1,500,000 | $ | 1,500,000 | 57484 | ||||
| 3A5 | 322-613 | DD Council Grants | $ | 3,204,240 | $ | 3,204,240 | 57485 | ||||
| 3G6 | 322-639 | Medicaid Waiver | $ | 373,772,814 | $ | 373,772,814 | 57486 | ||||
| 3M7 | 322-650 | CAFS Medicaid | $ | 125,924,299 | $ | 103,773,730 | 57487 | ||||
| 325 | 322-608 | Grants for Infants and Families with Disabilities | $ | 1,763,165 | $ | 1,763,165 | 57488 | ||||
| 325 | 322-612 | Community Social Service Programs | $ | 11,500,000 | $ | 11,500,000 | 57489 | ||||
| TOTAL FED Federal Special Revenue | 57490 | ||||||||||
| Fund Group | $ | 517,664,518 | $ | 495,513,949 | 57491 | ||||||
| State Special Revenue Fund Group | 57492 |
| 4K8 | 322-604 | Waiver - Match | $ | 12,000,000 | $ | 12,000,000 | 57493 | ||||
| 5H0 | 322-619 | Medicaid Repayment | $ | 25,000 | $ | 25,000 | 57494 | ||||
| 5Z1 | 322-624 | County Board Waiver Match | $ | 82,000,000 | $ | 82,000,000 | 57495 | ||||
| TOTAL SSR State Special Revenue | 57496 | ||||||||||
| Fund Group | $ | 94,025,000 | $ | 94,025,000 | 57497 | ||||||
| TOTAL ALL COMMUNITY SERVICES | 57498 | ||||||||||
| BUDGET FUND GROUPS | $ | 829,211,685 | $ | 808,117,882 | 57499 | ||||||
| RESIDENTIAL AND SUPPORT SERVICES | 57500 |
| The Department of Mental Retardation and Developmental | 57501 |
| Disabilities may designate a portion of appropriation item | 57502 |
| 322-413, Residential and Support Services, for the following: | 57503 |
| (A) Sermak Class Services used to implement the requirements | 57504 |
| of the agreement settling the consent decree in Sermak v. Manuel, | 57505 |
| Case No. c-2-80-220, United States District Court for the Southern | 57506 |
| District of Ohio, Eastern Division; | 57507 |
| (B) Medicaid-reimbursed programs other than home and | 57508 |
| community-based waiver services, in an amount not to exceed | 57509 |
| $1,000,000 in each fiscal year, that enable persons with mental | 57510 |
| retardation and developmental disabilities to live in the | 57511 |
| community. | 57512 |
| WAIVER STATE MATCH | 57513 |
| The purposes for which the foregoing appropriation item | 57514 |
| 322-416, Waiver State Match, shall be used include the following: | 57515 |
| (A) Home and community-based waiver services under Title XIX | 57516 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 57517 |
| as amended. | 57518 |
| (B) Services contracted by county boards of mental | 57519 |
| retardation and developmental disabilities. | 57520 |
| (C) To pay the nonfederal share of the cost of one or more | 57521 |
| new intermediate-care-facility-for-the-mentally-retarded certified | 57522 |
| beds in a county where the county board of mental retardation and | 57523 |
| developmental disabilities does not initiate or support the | 57524 |
| development or certification of such beds, if the Director of | 57525 |
| Mental Retardation and Developmental Disabilities is required by | 57526 |
| this act to transfer to the Director of Job and Family Services | 57527 |
| funds to pay such nonfederal share. | 57528 |
| The Department of Mental Retardation and Developmental | 57529 |
| Disabilities may designate a portion of appropriation item | 57530 |
| 322-416, Waiver State Match, to county boards of mental | 57531 |
| retardation and developmental disabilities that have greater need | 57532 |
| for various residential and support services because of a low | 57533 |
| percentage of residential and support services development in | 57534 |
| comparison to the number of individuals with mental retardation or | 57535 |
| developmental disabilities in the county. | 57536 |
| Of the foregoing appropriation item 322-416, Waiver State | 57537 |
| Match, $9,850,000 in each year of the biennium shall be | 57538 |
| distributed by the Department to county boards of mental | 57539 |
| retardation and developmental disabilities to support existing | 57540 |
| residential facilities waiver and individual options waiver | 57541 |
| related to Medicaid activities provided for in the component of a | 57542 |
| county board's plan developed under division (A)(2) of section | 57543 |
| 5126.054 of the Revised Code and approved under section 5123.046 | 57544 |
| of the Revised Code. Up to $3,000,000 of these funds in each | 57545 |
| fiscal year may be used to implement day-to-day program management | 57546 |
| services under division (A)(2) of section 5126.054 of the Revised | 57547 |
| Code. Up to $4,200,000 in each fiscal year may be used to | 57548 |
| implement the program and health and welfare requirements of | 57549 |
| division (A)(2) of section 5126.054 of the Revised Code. | 57550 |
| In fiscal years 2006 and 2007 not less than $2,650,000 of | 57551 |
| these funds shall be used to recruit and retain, under division | 57552 |
| (A)(2) of section 5126.054 of the Revised Code, the direct care | 57553 |
| staff necessary to implement the services included in an | 57554 |
| individualized service plan in a manner that ensures the health | 57555 |
| and welfare of the individuals being served. | 57556 |
| The method utilized by the department to determine each | 57557 |
| residential facilities wavier and individual options provider's | 57558 |
| allocation of such funds in fiscal year 2005 shall be used for | 57559 |
| allocation purposes to such providers in fiscal years 2006 and | 57560 |
| 2007, respectively. | 57561 |
| SUPPORTED LIVING | 57562 |
| The purposes for which the foregoing appropriation item | 57563 |
| 322-417, Supported Living, shall be used include supported living | 57564 |
| services contracted by county boards of mental retardation and | 57565 |
| developmental disabilities under sections 5126.40 to 5126.47 of | 57566 |
| the Revised Code and paying the nonfederal share of the cost of | 57567 |
| one or more new | 57568 |
| intermediate-care-facility-for-the-mentally-retarded certified | 57569 |
| beds in a county where the county board of mental retardation and | 57570 |
| developmental disabilities does not initiate or support the | 57571 |
| development or certification of such beds, if the Director of | 57572 |
| Mental Retardation and Developmental Disabilities is required by | 57573 |
| this act to transfer to the Director of Job and Family Services | 57574 |
| funds to pay such nonfederal share. | 57575 |
| OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS | 57576 |
| Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 57577 |
| the Department of Mental Retardation and Developmental | 57578 |
| Disabilities may develop residential and support service programs | 57579 |
| funded by appropriation item 322-413, Residential and Support | 57580 |
| Services; appropriation item 322-416, Waiver State Match; or | 57581 |
| appropriation item 322-417, Supported Living, that enable persons | 57582 |
| with mental retardation and developmental disabilities to live in | 57583 |
| the community. Notwithstanding Chapter 5121. and section 5123.122 | 57584 |
| of the Revised Code, the Department may waive the support | 57585 |
| collection requirements of those statutes for persons in community | 57586 |
| programs developed by the Department under this section. The | 57587 |
| Department shall adopt rules under Chapter 119. of the Revised | 57588 |
| Code or may use existing rules for the implementation of these | 57589 |
| programs. | 57590 |
| FAMILY SUPPORT SERVICES | 57591 |
| Notwithstanding sections 5123.171, 5123.19, 5123.20, and | 57592 |
| 5126.11 of the Revised Code, the Department of Mental Retardation | 57593 |
| and Developmental Disabilities may implement programs funded by | 57594 |
| appropriation item 322-451, Family Support Services, to provide | 57595 |
| assistance to persons with mental retardation or developmental | 57596 |
| disabilities and their families who are living in the community. | 57597 |
| The department shall adopt rules to implement these programs. The | 57598 |
| department may also use the foregoing appropriation item 322-451, | 57599 |
| Family Support Services, to pay the nonfederal share of the cost | 57600 |
| of one or more new | 57601 |
| intermediate-care-facility-for-the-mentally-retarded certified | 57602 |
| beds in a county where the county board of mental retardation and | 57603 |
| developmental disabilities initiates or supports the development | 57604 |
| or certification of such beds, if the Director of Mental | 57605 |
| Retardation and Developmental Disabilities is required by this act | 57606 |
| to transfer to the Director of Job and Family Services funds to | 57607 |
| pay such nonfederal share. | 57608 |
| SERVICE AND SUPPORT ADMINISTRATION | 57609 |
| The foregoing appropriation item 322-452, Service and Support | 57610 |
| Administration, shall be allocated to county boards of mental | 57611 |
| retardation and developmental disabilities for the purpose of | 57612 |
| providing service and support administration services and to | 57613 |
| assist in bringing state funding for all department-approved | 57614 |
| service and support administrators within county boards of mental | 57615 |
| retardation and developmental disabilities to the level authorized | 57616 |
| in division (C) of section 5126.15 of the Revised Code. The | 57617 |
| department may request approval from the Controlling Board to | 57618 |
| transfer any unobligated appropriation authority from other state | 57619 |
| General Revenue Fund appropriation items within the department's | 57620 |
| budget to appropriation item 322-452, Service and Support | 57621 |
| Administration, to be used to meet the statutory funding level in | 57622 |
| division (C) of section 5126.15 of the Revised Code. | 57623 |
| Notwithstanding division (C) of section 5126.15 of the | 57624 |
| Revised Code and subject to funding in appropriation item 322-452, | 57625 |
| Service and Support Administration, no county may receive less | 57626 |
| than its allocation in fiscal year 1995. Wherever case management | 57627 |
| services are referred to in any law, contract, or other document, | 57628 |
| the reference shall be deemed to refer to service and support | 57629 |
| administration. No action or proceeding pending on the effective | 57630 |
| date of this section is affected by the renaming of case | 57631 |
| management services as service and support administration. | 57632 |
| The Department of Mental Retardation and Developmental | 57633 |
| Disabilities shall adopt, amend, and rescind rules as necessary to | 57634 |
| reflect the renaming of case management services as service and | 57635 |
| support administration. All boards of mental retardation and | 57636 |
| developmental disabilities and the entities with which they | 57637 |
| contract for services shall rename the titles of their employees | 57638 |
| who provide service and support administration. All boards and | 57639 |
| contracting entities shall make corresponding changes to all | 57640 |
| employment contracts. | 57641 |
| The Department also may use the foregoing appropriation item | 57642 |
| 322-452, Service and Support Administration, to pay the nonfederal | 57643 |
| share of the cost of one or more new | 57644 |
| intermediate-care-facility-for-the-mentally-retarded certified | 57645 |
| beds in a county where the county board of mental retardation and | 57646 |
| developmental disabilities initiates or supports the development | 57647 |
| or certification of such beds, if the Director of Mental | 57648 |
| Retardation and Developmental Disabilities is required by this act | 57649 |
| to transfer to the Director of Job and Family Services funds to | 57650 |
| pay such nonfederal share. | 57651 |
| STATE SUBSIDIES TO MR/DD BOARDS | 57652 |
| The foregoing appropriation item 322-501, County Boards | 57653 |
| Subsidies, shall be distributed to county boards of mental | 57654 |
| retardation and developmental disabilities under section 5126.12 | 57655 |
| of the Revised Code to the limit of the lesser of the amount | 57656 |
| required by that section or the appropriation in appropriation | 57657 |
| item 322-501, County Boards Subsidies, prorated to all county | 57658 |
| boards of mental retardation and developmental disabilities. | 57659 |
| The Department also may use the foregoing appropriation item | 57660 |
| 322-501, County Boards Subsidies, to pay the nonfederal share of | 57661 |
| the cost of one or more new | 57662 |
| intermediate-care-facility-for-the-mentally-retarded certified | 57663 |
| beds in a county where the county board of mental retardation and | 57664 |
| developmental disabilities initiates or supports the development | 57665 |
| or certification of such beds, if the Director of Mental | 57666 |
| Retardation and Developmental Disabilities is required by this act | 57667 |
| to transfer to the Director of Job and Family Services funds to | 57668 |
| pay such nonfederal share. | 57669 |
| WAIVER - MATCH | 57670 |
| The foregoing appropriation item 322-604, Waiver - Match | 57671 |
| (Fund 4K8), shall be used as state matching funds for the home and | 57672 |
| community-based waivers. | 57673 |
| COUNTY BOARD WAIVER MATCH | 57674 |
| The Director of Mental Retardation and Developmental | 57675 |
| Disabilities shall transfer, through intrastate transfer vouchers, | 57676 |
| cash from any allowable General Revenue Fund appropriation item to | 57677 |
| Fund 5Z1, appropriation item 322-624, County Board Waiver Match. | 57678 |
| (The amounts being transferred reflect the amounts that county | 57679 |
| boards pledge from their state General Revenue Funds allocations | 57680 |
| to cover the cost of providing the non-federal match for waiver | 57681 |
| services.) | 57682 |
| Section 209.09.09. COMMUNITY ALTERNATIVE FUNDING SYSTEM | 57683 |
| (A) As used in this section, "habilitation center services" | 57684 |
| has the same meaning as in former section 5111.041 of the Revised | 57685 |
| Code as that section existed on June 30, 2005. | 57686 |
| (B) The Department of Mental Retardation and Developmental | 57687 |
| Disabilities may use funds appropriated to the Department for the | 57688 |
| purpose of habilitation center services to satisfy a claim or | 57689 |
| contingent claim for habilitation center services provided before | 57690 |
| July 1, 2005, if the Department receives the claim or contingent | 57691 |
| claim before July 1, 2006. The Department has no liability to | 57692 |
| satisfy either of the following: | 57693 |
| (1) A claim for habilitation center services provided before | 57694 |
| July 1, 2005, if the Department receives the claim on or after | 57695 |
| July 1, 2006. | 57696 |
| (2) A claim for habilitation center services provided on or | 57697 |
| after July 1, 2005. | 57698 |
| (C) The Department of Mental Retardation and Developmental | 57699 |
| Disabilities may inform individuals who received habilitation | 57700 |
| center services under the community alternative funding system on | 57701 |
| June 30, 2005, and such individuals' representatives about | 57702 |
| alternative services that may be available for the individuals. | 57703 |
| The Department may require county boards of mental retardation and | 57704 |
| developmental disabilities to provide such information to the | 57705 |
| individuals and their representatives. | 57706 |
| Section 209.06.12. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A | 57707 |
| MODEL BILLING FOR SERVICES RENDERED | 57708 |
| Developmental centers of the Department of Mental Retardation | 57709 |
| and Developmental Disabilities may provide services to persons | 57710 |
| with mental retardation or developmental disabilities living in | 57711 |
| the community or to providers of services to these persons. The | 57712 |
| department may develop a method for recovery of all costs | 57713 |
| associated with the provisions of these services. | 57714 |
| Section 209.06.15. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 57715 |
| PHARMACY PROGRAMS | 57716 |
| The Department of Mental Retardation and Developmental | 57717 |
| Disabilities shall pay the Department of Job and Family Services | 57718 |
| quarterly, through intrastate transfer voucher, the nonfederal | 57719 |
| share of Medicaid prescription drug claim costs for all | 57720 |
| developmental centers paid by the Department of Job and Family | 57721 |
| Services. | 57722 |
| Section 209.06.18. RESIDENTIAL FACILITIES | 57723 |
| General Revenue Fund | 57724 |
| GRF | 323-321 | Residential Facilities | $ | 101,764,366 | $ | 100,457,600 | 57725 | ||||
| Operations | 57726 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 101,764,366 | $ | 100,457,600 | 57727 | ||||||
| General Services Fund Group | 57728 |
| 152 | 323-609 | Residential Facilities | $ | 912,177 | $ | 912,177 | 57729 | ||||
| Support | 57730 | ||||||||||
| TOTAL GSF General Services | 57731 | ||||||||||
| Fund Group | $ | 912,177 | $ | 912,177 | 57732 | ||||||
| Federal Special Revenue Fund Group | 57733 |
| 3A4 | 323-605 | Developmental Center Operation Expenses | $ | 120,000,000 | $ | 120,000,000 | 57734 | ||||
| 325 | 323-608 | Foster Grandparent Program | $ | 575,000 | $ | 575,000 | 57735 | ||||
| TOTAL FED Federal Special Revenue | 57736 | ||||||||||
| Fund Group | $ | 120,575,000 | $ | 120,575,000 | 57737 | ||||||
| State Special Revenue Fund Group | 57738 |
| 221 | 322-620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 57739 | ||||
| 489 | 323-632 | Developmental Center Direct Care Support | $ | 12,125,628 | $ | 12,125,628 | 57740 | ||||
| TOTAL SSR State Special Revenue | 57741 | ||||||||||
| Fund Group | $ | 12,275,628 | $ | 12,275,628 | 57742 | ||||||
| TOTAL ALL RESIDENTIAL FACILITIES | 57743 | ||||||||||
| BUDGET FUND GROUPS | $ | 235,527,171 | $ | 234,220,405 | 57744 | ||||||
| DEPARTMENT TOTAL | 57745 | ||||||||||
| GENERAL REVENUE FUND | $ | 353,128,610 | $ | 353,666,007 | 57746 | ||||||
| DEPARTMENT TOTAL | 57747 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 2,487,177 | $ | 2,237,177 | 57748 | ||||||
| DEPARTMENT TOTAL | 57749 | ||||||||||
| FEDERAL SPECIAL REVENUE FUND GROUP | $ | 652,727,850 | $ | 630,577,281 | 57750 | ||||||
| DEPARTMENT TOTAL | 57751 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 114,300,628 | $ | 114,300,628 | 57752 | ||||||
| TOTAL DEPARTMENT OF MENTAL | 57753 | ||||||||||
| RETARDATION AND DEVELOPMENTAL | 57754 | ||||||||||
| DISABILITIES | $ | 1,122,644,265 | $ | 1,100,781,093 | 57755 | ||||||
| Section 209.06.21. (A) As used in this section: | 57757 |
| (1) "Family support services," "home and community-based | 57758 |
| services," "service and support administration," and "supported | 57759 |
| living" have the same meaning as in section 5126.01 of the Revised | 57760 |
| Code. | 57761 |
| (2) "Intermediate care facility for the mentally retarded" | 57762 |
| has the same meaning as in section 5111.20 of the Revised Code. | 57763 |
| (B) If one or more new beds obtain certification as an | 57764 |
| intermediate-care-facility-for-the-mentally-retarded bed on or | 57765 |
| after the effective date of this section, the Director of Mental | 57766 |
| Retardation and Developmental Disabilities shall transfer funds to | 57767 |
| the Department of Job and Family Services to pay the nonfederal | 57768 |
| share of the cost under the Medicaid Program for those beds. The | 57769 |
| Director shall use only the following funds for the transfer: | 57770 |
| (1) If the beds are located in a county served by a county | 57771 |
| board of mental retardation and developmental disabilities that | 57772 |
| does not initiate or support the beds' certification, funds | 57773 |
| appropriated to the Department of Mental Retardation and | 57774 |
| Developmental Disabilities for home and community-based services | 57775 |
| and supported living for which the Director is authorized to make | 57776 |
| allocations to county boards; | 57777 |
| (2) If the beds are located in a county served by a county | 57778 |
| board that initiates or supports the beds' certification, funds | 57779 |
| appropriated to the Department for family support services, | 57780 |
| service and support administration, and other services for which | 57781 |
| the Director is authorized to make allocations to counties. | 57782 |
| (C) The funds that the Director transfers under division | 57783 |
| (B)(2) of this section shall be funds that the Director has | 57784 |
| allocated to the county board serving the county in which the beds | 57785 |
| are located unless the amount of the allocation is insufficient to | 57786 |
| pay the entire nonfederal share of the cost under the Medicaid | 57787 |
| Program for those beds. If the allocation is insufficient, the | 57788 |
| Director shall use as much of such funds allocated to other | 57789 |
| counties as is needed to make up the difference. | 57790 |
| Section 209.09.10. HABILITATION CENTERS PROVIDING MEDICAID | 57791 |
| CASE MANAGEMENT SERVICES | 57792 |
| A habilitation center holding on June 30, 2005, a valid | 57793 |
| certificate issued under former section 5123.041 of the Revised | 57794 |
| Code may provide Medicaid case management services until the | 57795 |
| earlier of the following: | 57796 |
| (A) The date the United States Secretary of Health and Human | 57797 |
| Services approves an amendment to the state Medicaid plan that | 57798 |
| provides that only county boards of mental retardation and | 57799 |
| developmental disabilities may provide Medicaid case management | 57800 |
| services; | 57801 |
| (B) The habilitation center ceases to meet the requirements | 57802 |
| that were in effect on June 30, 2005, for the certificate issued | 57803 |
| under former section 5123.041 of the Revised Code. | 57804 |
| Section 209.12. MIH COMMISSION ON MINORITY HEALTH | 57805 |
| General Revenue Fund | 57806 |
| GRF | 149-321 | Operating Expenses | $ | 539,319 | $ | 539,319 | 57807 | ||||
| GRF | 149-501 | Minority Health Grants | $ | 670,965 | $ | 670,965 | 57808 | ||||
| GRF | 149-502 | Lupus Program | $ | 136,126 | $ | 136,126 | 57809 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,346,410 | $ | 1,346,410 | 57810 | ||||||
| Federal Special Revenue Fund Group | 57811 |
| 3J9 | 149-602 | Federal Grants | $ | 150,000 | $ | 150,000 | 57812 | ||||
| TOTAL FED Federal Special Revenue | 57813 | ||||||||||
| Fund Group | $ | 150,000 | $ | 150,000 | 57814 | ||||||
| State Special Revenue Fund Group | 57815 |
| 4C2 | 149-601 | Minority Health Conference | $ | 250,000 | $ | 150,000 | 57816 | ||||
| TOTAL SSR State Special Revenue | 57817 | ||||||||||
| Fund Group | $ | 250,000 | $ | 150,000 | 57818 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,746,410 | $ | 1,646,410 | 57819 | ||||||
| LUPUS PROGRAM | 57820 |
| The foregoing appropriation item 149-502, Lupus Program, | 57821 |
| shall be used to provide grants for programs in patient, public, | 57822 |
| and professional education on the subject of systemic lupus | 57823 |
| erythemtosus; to encourage and develop local centers on lupus | 57824 |
| information gathering and screening; and to provide outreach to | 57825 |
| minority women. | 57826 |
| Section 209.15. CRB MOTOR VEHICLE COLLISION REPAIR | 57827 |
| REGISTRATION BOARD | 57828 |
| General Service Fund Group | 57829 |
| 5H9 | 865-609 | Operating Expenses - CRB | $ | 325,047 | $ | 0 | 57830 | ||||
| TOTAL GSF General Services | 57831 | ||||||||||
| Fund Group | $ | 325,047 | $ | 0 | 57832 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 325,047 | $ | 0 | 57833 | ||||||
| Section 209.18. DNR DEPARTMENT OF NATURAL RESOURCES | 57835 |
| General Revenue Fund | 57836 |
| GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,025,300 | $ | 1,092,000 | 57837 | ||||
| GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,000,000 | $ | 1,000,000 | 57838 | ||||
| GRF | 725-413 | OPFC Lease Rental Payments | $ | 18,699,100 | $ | 20,962,800 | 57839 | ||||
| GRF | 725-423 | Stream and Ground Water Gauging | $ | 311,910 | $ | 311,910 | 57840 | ||||
| GRF | 725-425 | Wildlife License Reimbursement | $ | 646,319 | $ | 646,319 | 57841 | ||||
| GRF | 725-456 | Canal Lands | $ | 332,859 | $ | 332,859 | 57842 | ||||
| GRF | 725-502 | Soil and Water Districts | $ | 9,836,436 | $ | 9,836,436 | 57843 | ||||
| GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 25,866,000 | $ | 24,359,100 | 57844 | ||||
| GRF | 727-321 | Division of Forestry | $ | 8,541,511 | $ | 8,541,511 | 57845 | ||||
| GRF | 728-321 | Division of Geological Survey | $ | 1,630,000 | $ | 1,630,000 | 57846 | ||||
| GRF | 729-321 | Office of Information Technology | $ | 440,895 | $ | 440,895 | 57847 | ||||
| GRF | 730-321 | Division of Parks and Recreation | $ | 34,874,841 | $ | 34,874,841 | 57848 | ||||
| GRF | 731-321 | Office of Coastal Management | $ | 259,707 | $ | 259,707 | 57849 | ||||
| GRF | 733-321 | Division of Water | $ | 3,207,619 | $ | 3,207,619 | 57850 | ||||
| GRF | 736-321 | Division of Engineering | $ | 3,118,703 | $ | 3,118,703 | 57851 | ||||
| GRF | 737-321 | Division of Soil and Water | $ | 4,074,788 | $ | 4,074,788 | 57852 | ||||
| GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,291,874 | $ | 2,291,874 | 57853 | ||||
| GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,009,505 | $ | 3,009,505 | 57854 | ||||
| GRF | 744-321 | Division of Mineral Resources Management | $ | 3,068,167 | $ | 3,068,167 | 57855 | ||||
| TOTAL GRF General Revenue Fund | $ | 122,235,534 | $ | 123,059,034 | 57856 | ||||||
| General Services Fund Group | 57857 |
| 155 | 725-601 | Departmental Projects | $ | 2,135,821 | $ | 2,011,726 | 57858 | ||||
| 157 | 725-651 | Central Support Indirect | $ | 6,528,675 | $ | 6,528,675 | 57859 | ||||
| 204 | 725-687 | Information Services | $ | 4,676,627 | $ | 4,676,627 | 57860 | ||||
| 206 | 725-689 | REALM Support Services | $ | 475,000 | $ | 475,000 | 57861 | ||||
| 207 | 725-690 | Real Estate Services | $ | 64,000 | $ | 64,000 | 57862 | ||||
| 223 | 725-665 | Law Enforcement Administration | $ | 2,096,225 | $ | 2,096,225 | 57863 | ||||
| 227 | 725-406 | Parks Projects Personnel | $ | 175,000 | $ | 110,000 | 57864 | ||||
| 4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 57865 | ||||
| 4S9 | 725-622 | NatureWorks Personnel | $ | 472,648 | $ | 307,648 | 57866 | ||||
| 4X8 | 725-662 | Water Resources Council | $ | 125,000 | $ | 125,000 | 57867 | ||||
| 430 | 725-671 | Canal Lands | $ | 797,582 | $ | 847,582 | 57868 | ||||
| 508 | 725-684 | Natural Resources Publications | $ | 157,792 | $ | 157,792 | 57869 | ||||
| 510 | 725-631 | Maintenance - State-owned Residences | $ | 260,849 | $ | 260,849 | 57870 | ||||
| 516 | 725-620 | Water Management | $ | 2,442,956 | $ | 2,459,120 | 57871 | ||||
| 635 | 725-664 | Fountain Square Facilities Management | $ | 3,182,223 | $ | 3,190,223 | 57872 | ||||
| 697 | 725-670 | Submerged Lands | $ | 542,011 | $ | 542,011 | 57873 | ||||
| TOTAL GSF General Services | 57874 | ||||||||||
| Fund Group | $ | 24,182,409 | $ | 23,902,478 | 57875 | ||||||
| Federal Special Revenue Fund Group | 57876 |
| 3B3 | 725-640 | Federal Forest Pass-Thru | $ | 150,000 | $ | 150,000 | 57877 | ||||
| 3B4 | 725-641 | Federal Flood Pass-Thru | $ | 350,000 | $ | 350,000 | 57878 | ||||
| 3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 14,310,497 | $ | 14,307,666 | 57879 | ||||
| 3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 5,000,000 | $ | 5,000,000 | 57880 | ||||
| 3B7 | 725-654 | Reclamation - Regulatory | $ | 2,107,292 | $ | 2,107,291 | 57881 | ||||
| 3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 315,000 | $ | 315,000 | 57882 | ||||
| 3P1 | 725-632 | Geological Survey - Federal | $ | 479,651 | $ | 479,651 | 57883 | ||||
| 3P2 | 725-642 | Oil and Gas-Federal | $ | 362,933 | $ | 367,912 | 57884 | ||||
| 3P3 | 725-650 | Coastal Management - Federal | $ | 1,592,923 | $ | 1,607,686 | 57885 | ||||
| 3P4 | 725-660 | Water - Federal | $ | 419,766 | $ | 420,525 | 57886 | ||||
| 3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 2,225,000 | $ | 2,225,000 | 57887 | ||||
| 3Z5 | 725-657 | REALM-Federal | $ | 1,578,871 | $ | 1,578,871 | 57888 | ||||
| 328 | 725-603 | Forestry Federal | $ | 1,813,827 | $ | 2,228,081 | 57889 | ||||
| 332 | 725-669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 57890 | ||||
| TOTAL FED Federal Special Revenue | 57891 | ||||||||||
| Fund Group | $ | 30,963,862 | $ | 31,395,785 | 57892 | ||||||
| State Special Revenue Fund Group | 57893 |
| 4J2 | 725-628 | Injection Well Review | $ | 93,957 | $ | 79,957 | 57894 | ||||
| 4M7 | 725-631 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 57895 | ||||
| 4U6 | 725-668 | Scenic Rivers Protection | $ | 407,100 | $ | 407,100 | 57896 | ||||
| 5B3 | 725-674 | Mining Regulation | $ | 28,850 | $ | 28,850 | 57897 | ||||
| 5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 4,200,000 | $ | 3,500,000 | 57898 | ||||
| 509 | 725-602 | State Forest | $ | 2,291,664 | $ | 2,591,664 | 57899 | ||||
| 511 | 725-646 | Ohio Geological Mapping | $ | 549,310 | $ | 549,310 | 57900 | ||||
| 512 | 725-605 | State Parks Operations | $ | 29,814,288 | $ | 29,814,288 | 57901 | ||||
| 512 | 725-680 | Parks Facilities Maintenance | $ | 2,576,240 | $ | 2,576,240 | 57902 | ||||
| 514 | 725-606 | Lake Erie Shoreline | $ | 612,075 | $ | 657,113 | 57903 | ||||
| 518 | 725-643 | Oil and Gas Permit Fees | $ | 2,574,377 | $ | 2,574,378 | 57904 | ||||
| 518 | 725-677 | Oil and Gas Well Plugging | $ | 1,200,000 | $ | 1,200,000 | 57905 | ||||
| 521 | 725-627 | Off-Road Vehicle Trails | $ | 283,490 | $ | 283,490 | 57906 | ||||
| 522 | 725-656 | Natural Areas Checkoff Funds | $ | 1,550,670 | $ | 1,550,670 | 57907 | ||||
| 526 | 725-610 | Strip Mining Administration Fee | $ | 1,932,492 | $ | 1,932,492 | 57908 | ||||
| 527 | 725-637 | Surface Mining Administration | $ | 2,312,815 | $ | 2,322,702 | 57909 | ||||
| 529 | 725-639 | Unreclaimed Land Fund | $ | 623,356 | $ | 631,257 | 57910 | ||||
| 531 | 725-648 | Reclamation Forfeiture | $ | 2,061,861 | $ | 2,062,237 | 57911 | ||||
| 532 | 725-644 | Litter Control and Recycling | $ | 11,670,617 | $ | 11,795,628 | 57912 | ||||
| 586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 57913 | ||||
| 615 | 725-661 | Dam Safety | $ | 408,223 | $ | 408,223 | 57914 | ||||
| TOTAL SSR State Special Revenue | 57915 | ||||||||||
| Fund Group | $ | 66,291,385 | $ | 66,065,599 | 57916 | ||||||
| Clean Ohio Fund Group | 57917 |
| 061 | 725-405 | Clean Ohio Operating | $ | 155,000 | $ | 155,000 | 57918 | ||||
| TOTAL CLF Clean Ohio Fund Group | $ | 155,000 | $ | 155,000 | 57919 | ||||||
| Wildlife Fund Group | 57920 |
| 015 | 740-401 | Division of Wildlife Conservation | $ | 49,500,000 | $ | 50,500,000 | 57921 | ||||
| 815 | 725-636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 57922 | ||||
| 816 | 725-649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 57923 | ||||
| 817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 5,000,000 | $ | 5,000,000 | 57924 | ||||
| 818 | 725-629 | Cooperative Fisheries Research | $ | 988,582 | $ | 988,582 | 57925 | ||||
| 819 | 725-685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 57926 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 56,704,500 | $ | 57,704,500 | 57927 | ||||||
| Waterways Safety Fund Group | 57928 |
| 086 | 725-414 | Waterways Improvement | $ | 3,792,343 | $ | 3,792,343 | 57929 | ||||
| 086 | 725-418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 57930 | ||||
| 086 | 725-501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 57931 | ||||
| 086 | 725-506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 57932 | ||||
| 086 | 725-513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 57933 | ||||
| 086 | 739-401 | Division of Watercraft | $ | 20,027,909 | $ | 20,086,681 | 57934 | ||||
| 5Aw | 725-682 | Watercraft Revolving Loans | $ | 3,000,000 | $ | 1,000,000 | 57935 | ||||
| TOTAL WSF Waterways Safety Fund | 57936 | ||||||||||
| Group | $ | 27,953,097 | $ | 26,011,869 | 57937 | ||||||
| Holding Account Redistribution Fund Group | 57938 |
| R17 | 725-659 | Performance Cash Bond Refunds | $ | 374,263 | $ | 374,263 | 57939 | ||||
| R43 | 725-624 | Forestry | $ | 2,500,000 | $ | 1,500,000 | 57940 | ||||
| TOTAL 090 Holding Account | 57941 | ||||||||||
| Redistribution Fund Group | $ | 2,874,263 | $ | 1,874,263 | 57942 | ||||||
| Accrued Leave Liability Fund Group | 57943 |
| 4M8 | 725-675 | FOP Contract | $ | 20,844 | $ | 20,844 | 57944 | ||||
| TOTAL ALF Accrued Leave | 57945 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 57946 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 331,380,894 | $ | 330,189,372 | 57947 | ||||||
| Section 209.18.03. CENTRAL SUPPORT INDIRECT | 57949 |
| The Department of Natural Resources, with approval of the | 57950 |
| Director of Budget and Management, shall utilize a methodology for | 57951 |
| determining each division's payments into the Central Support | 57952 |
| Indirect Fund (Fund 157). The methodology used shall contain the | 57953 |
| characteristics of administrative ease and uniform application in | 57954 |
| compliance with federal grant requirements. It may include direct | 57955 |
| cost charges for specific services provided. Payments to the | 57956 |
| Central Support Indirect Fund (Fund 157) shall be made using an | 57957 |
| intrastate transfer voucher. | 57958 |
| Section 209.18.06. FOUNTAIN SQUARE | 57959 |
| The foregoing appropriation item 725-404, Fountain Square | 57960 |
| Rental Payments - OBA, shall be used by the Department of Natural | 57961 |
| Resources to meet all payments required to be made to the Ohio | 57962 |
| Building Authority during the period from July 1, 2005, to June | 57963 |
| 30, 2007, pursuant to leases and agreements with the Ohio Building | 57964 |
| Authority under section 152.241 of the Revised Code, but limited | 57965 |
| to the aggregate amount of $2,117,300. | 57966 |
| The Director of Natural Resources, using intrastate transfer | 57967 |
| vouchers, shall make payments to the General Revenue Fund from | 57968 |
| funds other than the General Revenue Fund to reimburse the General | 57969 |
| Revenue Fund for the other funds' shares of the lease rental | 57970 |
| payments to the Ohio Building Authority. The transfers from the | 57971 |
| non-General Revenue funds shall be made within 10 days of the | 57972 |
| payment to the Ohio Building Authority for the actual amounts | 57973 |
| necessary to fulfill the leases and agreements pursuant to section | 57974 |
| 152.241 of the Revised Code. | 57975 |
| The foregoing appropriation item 725-664, Fountain Square | 57976 |
| Facilities Management (Fund 635), shall be used for payment of | 57977 |
| repairs, renovation, utilities, property management, and building | 57978 |
| maintenance expenses for the Fountain Square Complex. Cash | 57979 |
| transferred by intrastate transfer vouchers from various | 57980 |
| department funds and rental income received by the Department of | 57981 |
| Natural Resources shall be deposited into the Fountain Square | 57982 |
| Facilities Management Fund (Fund 635). | 57983 |
| LEASE RENTAL PAYMENTS | 57984 |
| The foregoing appropriation item 725-413, OPFC Lease Rental | 57985 |
| Payments, shall be used to meet all payments at the times they are | 57986 |
| required to be made during the period from July 1, 2005, to June | 57987 |
| 30, 2007, by the Department of Natural Resources pursuant to | 57988 |
| leases and agreements made under section 154.22 of the Revised | 57989 |
| Code, but limited to the aggregate amount of $50,375,100. Nothing | 57990 |
| in this act shall be deemed to contravene the obligation of the | 57991 |
| state to pay, without necessity for further appropriation, from | 57992 |
| the sources pledged thereto, the bond service charges on | 57993 |
| obligations issued pursuant to section 154.22 of the Revised Code. | 57994 |
| NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE | 57995 |
| The foregoing appropriation item 725-903, Natural Resources | 57996 |
| General Obligation Debt Service, shall be used to pay all debt | 57997 |
| service and related financing costs at the times they are required | 57998 |
| to be made pursuant to sections 151.01 and 151.05 of the Revised | 57999 |
| Code during the period from July 1, 2005, to June 30, 2007. The | 58000 |
| Office of the Sinking Fund or the Director of Budget and | 58001 |
| Management shall effectuate the required payments by an intrastate | 58002 |
| transfer voucher. | 58003 |
| Section 209.18.09. WILDLIFE LICENSE REIMBURSEMENT | 58004 |
| Notwithstanding the limits of the transfer from the General | 58005 |
| Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 58006 |
| of the Revised Code, up to the amount available in appropriation | 58007 |
| item 725-425, Wildlife License Reimbursement, may be transferred | 58008 |
| from the General Revenue Fund to the Wildlife Fund (Fund 015). | 58009 |
| Pursuant to the certification of the Director of Budget and | 58010 |
| Management of the amount of foregone revenue in accordance with | 58011 |
| section 1533.15 of the Revised Code, the foregoing appropriation | 58012 |
| item in the General Revenue Fund, appropriation item 725-425, | 58013 |
| Wildlife License Reimbursement, shall be used to reimburse the | 58014 |
| Wildlife Fund (Fund 015) for the cost of hunting and fishing | 58015 |
| licenses and permits issued after June 30, 1990, to individuals | 58016 |
| who are exempted under the Revised Code from license, permit, and | 58017 |
| stamp fees. | 58018 |
| CANAL LANDS | 58019 |
| The foregoing appropriation item 725-456, Canal Lands, shall | 58020 |
| be used to transfer funds to the Canal Lands Fund (Fund 430) to | 58021 |
| provide operating expenses for the State Canal Lands Program. The | 58022 |
| transfer shall be made using an intrastate transfer voucher and | 58023 |
| shall be subject to the approval of the Director of Budget and | 58024 |
| Management. | 58025 |
| SOIL AND WATER DISTRICTS | 58026 |
| In addition to state payments to soil and water conservation | 58027 |
| districts authorized by section 1515.10 of the Revised Code, the | 58028 |
| Department of Natural Resources may pay to any soil and water | 58029 |
| conservation district, from authority in appropriation item | 58030 |
| 725-502, Soil and Water Districts, an annual amount not to exceed | 58031 |
| $30,000, upon receipt of a request and justification from the | 58032 |
| district and approval by the Ohio Soil and Water Conservation | 58033 |
| Commission. The county auditor shall credit the payments to the | 58034 |
| special fund established under section 1515.10 of the Revised Code | 58035 |
| for the local soil and water conservation district. Moneys | 58036 |
| received by each district shall be expended for the purposes of | 58037 |
| the district. | 58038 |
| FUND CONSOLIDATION | 58039 |
| The Director of Budget and Management shall transfer an | 58040 |
| amount certified by the Director of Natural Resources from the | 58041 |
| Central Support Indirect Fund (Fund 157) to the Law Enforcement | 58042 |
| Administration Fund (Fund 223) and the Information Services Fund | 58043 |
| (Fund 204) to implement a direct cost recovery plan. | 58044 |
| STATE PARK DEPRECIATION RESERVE | 58045 |
| The foregoing appropriation item 725-635, Parks Facilities | 58046 |
| Maintenance, within the Depreciation Reserve Fund (Fund 161), | 58047 |
| shall be used by the Division of Parks and Recreation to maintain | 58048 |
| state park revenue producing facilities in the best economic | 58049 |
| operating condition and to repair and replace equipment used in | 58050 |
| the operation of state park revenue producing facilities. | 58051 |
| Prior to June 30, 2005, the Director of Budget and Management | 58052 |
| shall transfer the cash balance in the Depreciation Reserve Fund | 58053 |
| (Fund 161), which is abolished in section 1541.221 of the Revised | 58054 |
| Code, as amended by this act, to the State Park Fund (Fund 512), | 58055 |
| which is created in section 1541.22 of the Revised Code. | 58056 |
| OIL AND GAS WELL PLUGGING | 58057 |
| The foregoing appropriation item 725-677, Oil and Gas Well | 58058 |
| Plugging, shall be used exclusively for the purposes of plugging | 58059 |
| wells and to properly restore the land surface of idle and orphan | 58060 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 58061 |
| Code. No funds from the appropriation item shall be used for | 58062 |
| salaries, maintenance, equipment, or other administrative | 58063 |
| purposes, except for those costs directly attributed to the | 58064 |
| plugging of an idle or orphan well. Appropriation authority from | 58065 |
| this appropriation item shall not be transferred to any other fund | 58066 |
| or line item. | 58067 |
| CLEAN OHIO OPERATING EXPENSES | 58068 |
| The foregoing appropriation item 725-405, Clean Ohio | 58069 |
| Operating, shall be used by the Department of Natural Resources in | 58070 |
| administering section 1519.05 of the Revised Code. | 58071 |
| WATERCRAFT MARINE PATROL | 58072 |
| Of the foregoing appropriation item 739-401, Division of | 58073 |
| Watercraft, not more than $200,000 in each fiscal year shall be | 58074 |
| expended for the purchase of equipment for marine patrols | 58075 |
| qualifying for funding from the Department of Natural Resources | 58076 |
| pursuant to section 1547.67 of the Revised Code. Proposals for | 58077 |
| equipment shall accompany the submission of documentation for | 58078 |
| receipt of a marine patrol subsidy pursuant to section 1547.67 of | 58079 |
| the Revised Code and shall be loaned to eligible marine patrols | 58080 |
| pursuant to a cooperative agreement between the Department of | 58081 |
| Natural Resources and the eligible marine patrol. | 58082 |
| WATERCRAFT REVOLVING LOAN PROGRAM | 58083 |
| Upon certification by the Director of Natural Resources, the | 58084 |
| Director of Budget and Management shall transfer an amount not to | 58085 |
| exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 | 58086 |
| in fiscal year 2007 so certified from the Waterways Safety Fund | 58087 |
| (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The | 58088 |
| moneys shall be used pursuant to section 1547.721 of the Revised | 58089 |
| Code. | 58090 |
| PARKS CAPITAL EXPENSES FUND | 58091 |
| There is hereby created in the state treasury the Parks | 58092 |
| Capital Expenses Fund (Fund 227). The fund shall be used to pay | 58093 |
| for design, engineering, and planning costs incurred by the | 58094 |
| Department of Natural Resources for capital parks projects. | 58095 |
| The Director of Natural Resources shall submit to the | 58096 |
| Director of Budget and Management the estimated design, | 58097 |
| engineering, and planning costs of capital-related work to be done | 58098 |
| by Department of Natural Resources staff for parks projects. If | 58099 |
| the Director of Budget and Management approves the estimated | 58100 |
| costs, the Director may release appropriations from appropriation | 58101 |
| item 725-406, Parks Projects Personnel, for those purposes. Upon | 58102 |
| release of the appropriations, the Department of Natural Resources | 58103 |
| shall pay for these expenses from the Parks Capital Expenses Fund | 58104 |
| (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the | 58105 |
| Parks and Recreation Improvement Fund (Fund 035) using an | 58106 |
| intrastate transfer voucher. | 58107 |
| Section 209.21. NUR STATE BOARD OF NURSING | 58108 |
| General Services Fund Group | 58109 |
| 4K9 | 884-609 | Operating Expenses | $ | 5,503,280 | $ | 0 | 58110 | ||||
| 5P8 | 884-601 | Nursing Special Issues | $ | 5,000 | $ | 0 | 58111 | ||||
| TOTAL GSF General Services | 58112 | ||||||||||
| Fund Group | $ | 5,508,280 | $ | 0 | 58113 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,508,280 | $ | 0 | 58114 | ||||||
| NURSING SPECIAL ISSUES | 58115 |
| The foregoing appropriation item 884-601, Nursing Special | 58116 |
| Issues (Fund 5P8), shall be used to pay the costs the Board of | 58117 |
| Nursing incurs in implementing section 4723.062 of the Revised | 58118 |
| Code. | 58119 |
| MEDICATION AIDE PILOT PROGRAM | 58120 |
| (A) As used in this section: | 58121 |
| (1) "Medication" means a drug, as defined in section 4729.01 | 58122 |
| of the Revised Code. | 58123 |
| (2) "Medication error" means a failure to follow the | 58124 |
| prescriber's instructions when administering a prescription | 58125 |
| medication to a participating resident. | 58126 |
| (3) "Nurse" means both of the following: | 58127 |
| (a) A registered nurse; | 58128 |
| (b) A licensed practical nurse who has completed a course in | 58129 |
| medication administration approved by the Board of Nursing. | 58130 |
| (4) "Nursing home" and "residential care facility" have the | 58131 |
| same meanings as in section 3721.01 of the Revised Code. | 58132 |
| (5) "Participating facility" means a nursing home or | 58133 |
| residential care facility that has been selected by the Board of | 58134 |
| Nursing to participate in the Medication Aide Pilot Program and | 58135 |
| has not had its participation in the Program terminated. | 58136 |
| (6) "Prescriber" and "prescription" have the same meanings as | 58137 |
| in section 4729.01 of the Revised Code. | 58138 |
| (7) "Prescription medication" means a drug that may be | 58139 |
| dispensed only on a prescription. | 58140 |
| (B)(1) In consultation with the Medication Aide Pilot Program | 58141 |
| Council, the Board of Nursing shall establish and conduct the | 58142 |
| Medication Aide Pilot Program to utilize medication aides to | 58143 |
| administer medications, including prescription medications, to | 58144 |
| residents of nursing homes and residential care facilities. | 58145 |
| (2) The Medication Aide Pilot Program Council is hereby | 58146 |
| created. The Council shall consist of the following members: | 58147 |
| (a) A registered nurse recommended by the Ohio Nurses | 58148 |
| Association who is working in long-term care; | 58149 |
| (b) A licensed practical nurse recommended by the Licensed | 58150 |
| Practical Nurse Association of Ohio who is working in long-term | 58151 |
| care; | 58152 |
| (c) A registered nurse recommended by the Ohio Nurses | 58153 |
| Association who has experience in researching gerontology issues; | 58154 |
| (d) An advanced practice nurse recommended by the Ohio | 58155 |
| Association of Advanced Practice Nurses who has experience in | 58156 |
| gerontology; | 58157 |
| (e) A representative of the Ohio Health Care Association who | 58158 |
| is appointed by the Association; | 58159 |
| (f) A representative of the Association of Ohio Philanthropic | 58160 |
| Homes, Housing, and Services for the Aging who is appointed by the | 58161 |
| Association; | 58162 |
| (g) A representative of the Ohio Academy of Nursing Homes who | 58163 |
| is appointed by the Academy; | 58164 |
| (h) A representative of the Ohio Assisted Living Association | 58165 |
| who is appointed by the Association; | 58166 |
| (i) A representative of the Ohio Association of Long Term | 58167 |
| Care Ombudsmen who is appointed by the Association; | 58168 |
| (j) A representative of the Office of State Long-term Care | 58169 |
| Ombudsperson Program; | 58170 |
| (k) A representative of the American Association of Retired | 58171 |
| Persons who is appointed by the Association; | 58172 |
| (l) A representative of facility residents and families of | 58173 |
| facility residents who is appointed by the Board of Nursing; | 58174 |
| (m) A representative of the Ohio Pharmacists Association who | 58175 |
| is appointed by the Association; | 58176 |
| (n) A representative of certified nursing assistants who is | 58177 |
| appointed by the Department of Health; | 58178 |
| (o) A representative of the Department of Health with | 58179 |
| expertise in the Competency Evaluation Program, as defined in | 58180 |
| section 3721.21 of the Revised Code, who is appointed by the | 58181 |
| Department of Health. | 58182 |
| A member or representative of the Board of Nursing shall | 58183 |
| serve as chairperson of the Council. Members of the Council shall | 58184 |
| receive no compensation for their service on the Council. | 58185 |
| (3) The Council shall make recommendations to the Board on | 58186 |
| all of the following: | 58187 |
| (a) The design of the program; | 58188 |
| (b) The content of the training required for medication | 58189 |
| aides; | 58190 |
| (c) Protection of the health and welfare of residents of | 58191 |
| facilities participating in the program; | 58192 |
| (d) Whether a medication aide may administer a prescription | 58193 |
| medication through a gastrostomy or jejunostomy tube. | 58194 |
| (e) The amount and type of training a medication aide needs | 58195 |
| to adequately prepare the medication aide to administer a | 58196 |
| prescription medication through a gastrostomy or jejunostomy tube. | 58197 |
| (C)(1) The Board of Nursing shall operate the Medication Aide | 58198 |
| Pilot Program in a manner consistent with human protection and | 58199 |
| other ethical concerns typically associated with research studies | 58200 |
| involving live subjects. | 58201 |
| Within the first six months after the effective date of this | 58202 |
| section, the Board, in consultation with the Medication Aide Pilot | 58203 |
| Program Council, shall do all of the following: | 58204 |
| (a) Design the Program; | 58205 |
| (b) Establish standards to govern medication aides and | 58206 |
| facilities participating in the Program, including training | 58207 |
| requirements for medication aides and staff of participating | 58208 |
| facilities; | 58209 |
| (c) Establish standards to protect the health and safety of | 58210 |
| participating residents; | 58211 |
| (d) Select facilities to participate in the Program; | 58212 |
| (e) Select an independent evaluator to assess the Program. | 58213 |
| The Board shall commence operation of the Program not later | 58214 |
| than six months after the effective date of this section and | 58215 |
| operate it for not less than one year. | 58216 |
| (D)(1) Notwithstanding divisions (A) and (B) of section | 58217 |
| 4723.03 of the Revised Code, an individual authorized by the Board | 58218 |
| of Nursing to participate in the Program as a medication aide may | 58219 |
| administer medications, including prescription medications, to a | 58220 |
| participating resident of a nursing home or residential care | 58221 |
| facility if a nurse has delegated, in accordance with rules for | 58222 |
| delegation adopted under Chapter 4723. of the Revised Code, | 58223 |
| responsibility for the administration to the medication aide. A | 58224 |
| medication aide may administer only the following types of | 58225 |
| medications: | 58226 |
| (a) Oral medications; | 58227 |
| (b) Topical medications; | 58228 |
| (c) Medications administered as drops to the eye, ear, or | 58229 |
| nose; | 58230 |
| (d) Rectal and vaginal medications. | 58231 |
| (2) A medication aide may not do either of the following: | 58232 |
| (a) Administer a medication that is a Schedule I or Schedule | 58233 |
| II controlled substance as those terms are defined in section | 58234 |
| 3719.01 of the Revised Code; | 58235 |
| (b) Administer any medication that requires titration. | 58236 |
| (E)(1) An individual seeking to participate in the Program as | 58237 |
| a medication aide shall apply to the Board on a form provided by | 58238 |
| the Board. The Board shall authorize the individual to participate | 58239 |
| in the Program as a medication aide if the individual satisfies | 58240 |
| all of the following requirements: | 58241 |
| (a) Is a nurse aide who satisfies the requirements of | 58242 |
| division (A)(1), (2), (3), (4), (5), (6), or (8) of section | 58243 |
| 3721.32 of the Revised Code; | 58244 |
| (b) Satisfactorily completes a medication aide training | 58245 |
| course as described in division (E)(2) of this section; | 58246 |
| (c) Pays any fee required by the Board; | 58247 |
| (d) Satisfies any other requirements for a medication aide | 58248 |
| required by standards established by the Board under division | 58249 |
| (C)(2)(b) of this section. | 58250 |
| (2) The content of a medication aide training course must | 58251 |
| meet the standards established by the Board under division | 58252 |
| (C)(2)(b) of this section and include all of the following: | 58253 |
| (a) At least sixty clock-hours of instruction; | 58254 |
| (b) Classroom instruction on medication administration; | 58255 |
| (c) Supervised clinical practice in administration of | 58256 |
| prescription medications; | 58257 |
| (d) An examination that tests the ability to safely | 58258 |
| administer prescription medications. | 58259 |
| (3) An individual's authorization to participate in the | 58260 |
| Program as a medication aide is valid until the date the Program | 58261 |
| ceases to be operated, unless the Board earlier terminates the | 58262 |
| individual's authorization to participate in the Program. | 58263 |
| (4) The Board of Nursing may deny or terminate an | 58264 |
| individual's authorization to participate in the Medication Aide | 58265 |
| Pilot Program as a medication aide for reasons specified by the | 58266 |
| Board. | 58267 |
| (F)(1) Notwithstanding division (D) of section 4723.03 of the | 58268 |
| Revised Code, a participating facility may, during the period the | 58269 |
| Program is operated, utilize one or more medication aides to | 58270 |
| administer medications, including prescription medications, to the | 58271 |
| facility's participating residents. | 58272 |
| (2) The Board of Nursing shall select eighty nursing homes | 58273 |
| and forty residential care facilities from the nursing homes and | 58274 |
| residential care facilities that volunteer to participate in the | 58275 |
| program. A nursing home or residential care facility may apply by | 58276 |
| submitting a form provided by the Board. To be eligible to | 58277 |
| participate in the Program, a facility must meet all of the | 58278 |
| following requirements: | 58279 |
| (a) Agree to observe the standards established by the Board | 58280 |
| under division (C)(2)(b) of this section; | 58281 |
| (b)(i) In the case of a nursing home, be free of deficiencies | 58282 |
| and have not been found in the two most recent surveys or | 58283 |
| inspections of the home to have provided substandard care to a | 58284 |
| resident or to have had deficiencies with regard to the | 58285 |
| administration of medication. | 58286 |
| (ii) In the case of a residential care facility, be free of | 58287 |
| deficiencies related to the provision of skilled care or the | 58288 |
| administration of medication. | 58289 |
| (3) The Board may terminate a participating facility's | 58290 |
| participation in the Program on receipt of evidence the Board | 58291 |
| finds credible that the facility's continued participation in the | 58292 |
| Program poses an imminent danger, risk of serious harm, or | 58293 |
| jeopardy to a participating resident. | 58294 |
| (G) No person employed by a participating facility who | 58295 |
| reports in good faith a medication error at a participating | 58296 |
| facility shall be subject to criminal liability or disciplinary | 58297 |
| action or be liable in damages to any person or government entity | 58298 |
| in a civil action for injury, death, or loss to person or property | 58299 |
| resulting from the reporting of the medication error. | 58300 |
| (H) The independent evaluator selected by the Board shall do | 58301 |
| all of the following: | 58302 |
| (1) Assess whether medication aides are able to safely | 58303 |
| administer medications, including prescription medications, to | 58304 |
| nursing home and residential care facility residents; | 58305 |
| (2) Determine the financial implications of nursing homes and | 58306 |
| residential care facilities utilizing medication aides; | 58307 |
| (3) Prepare and submit a report of its findings to the Board | 58308 |
| and the Council. | 58309 |
| (I) The Board of Nursing, with the assistance of the | 58310 |
| Medication Aide Pilot Program Council, shall prepare, or cause to | 58311 |
| be prepared, a final report on the Program that includes an | 58312 |
| examination of the Program's safety and financial implications. | 58313 |
| The report shall be submitted not later than two years after the | 58314 |
| effective date of this section to each of the following: | 58315 |
| (1) The Governor; | 58316 |
| (2) The President and Minority Leader of the Senate; | 58317 |
| (3) The Speaker and Minority Leader of the House of | 58318 |
| Representatives; | 58319 |
| (4) The Director of Health. | 58320 |
| Section 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 58321 |
| AND ATHLETIC TRAINERS BOARD | 58322 |
| General Services Fund Group | 58323 |
| 4K9 | 890-609 | Operating Expenses | $ | 824,057 | $ | 0 | 58324 | ||||
| TOTAL GSF General Services Fund Group | $ | 824,057 | $ | 0 | 58325 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 824,057 | $ | 0 | 58326 | ||||||
| Section 209.27. OLA OHIOANA LIBRARY ASSOCIATION | 58328 |
| General Revenue Fund | 58329 |
| GRF | 355-501 | Library Subsidy | $ | 202,134 | $ | 202,134 | 58330 | ||||
| TOTAL GRF General Revenue Fund | $ | 202,134 | $ | 202,134 | 58331 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 202,134 | $ | 202,134 | 58332 | ||||||
| Section 209.30. ODB OHIO OPTICAL DISPENSERS BOARD | 58334 |
| General Services Fund Group | 58335 |
| 4K9 | 894-609 | Operating Expenses | $ | 316,517 | $ | 0 | 58336 | ||||
| TOTAL GSF General Services | 58337 | ||||||||||
| Fund Group | $ | 316,517 | $ | 0 | 58338 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 316,517 | $ | 0 | 58339 | ||||||
| Section 209.33. OPT STATE BOARD OF OPTOMETRY | 58341 |
| General Services Fund Group | 58342 |
| 4K9 | 885-609 | Operating Expenses | $ | 336,771 | $ | 0 | 58343 | ||||
| TOTAL GSF General Services | 58344 | ||||||||||
| Fund Group | $ | 336,771 | $ | 0 | 58345 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 336,771 | $ | 0 | 58346 | ||||||
| Section 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, | 58348 |
| AND PEDORTHICS | 58349 |
| General Services Fund Group | 58350 |
| 4K9 | 973-609 | Operating Expenses | $ | 99,571 | $ | 0 | 58351 | ||||
| TOTAL GSF General Services | 58352 | ||||||||||
| Fund Group | $ | 99,571 | $ | 0 | 58353 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 99,571 | $ | 0 | 58354 | ||||||
| Section 209.39. PBR STATE PERSONNEL BOARD OF REVIEW | 58355 |
| General Revenue Fund | 58356 |
| GRF | 124-321 | Operating | $ | 1,116,170 | $ | 1,148,000 | 58357 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,116,170 | $ | 1,148,000 | 58358 | ||||||
| General Services Fund Group | 58359 |
| 636 | 124-601 | Transcript and Other | $ | 12,000 | $ | 15,000 | 58360 | ||||
| TOTAL GSF General Services | 58361 | ||||||||||
| Fund Group | $ | 12,000 | $ | 15,000 | 58362 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,128,170 | $ | 1,163,000 | 58363 | ||||||
| TRANSCRIPT AND OTHER | 58364 |
| The foregoing appropriation item 124-601, Transcript and | 58365 |
| Other, may be used to defray the costs of producing an | 58366 |
| administrative record. | 58367 |
| Section 209.42. PRX STATE BOARD OF PHARMACY | 58368 |
| General Services Fund Group | 58369 |
| 4A5 | 887-605 | Drug Law Enforcement | $ | 75,550 | $ | 0 | 58370 | ||||
| 4K9 | 887-609 | Operating Expenses | $ | 4,950,537 | $ | 0 | 58371 | ||||
| TOTAL GSF General Services | 58372 | ||||||||||
| Fund Group | $ | 5,026,087 | $ | 0 | 58373 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,026,087 | $ | 0 | 58374 | ||||||
| Section 209.45. PSY STATE BOARD OF PSYCHOLOGY | 58376 |
| General Services Fund Group | 58377 |
| 4K9 | 882-609 | Operating Expenses | $ | 566,112 | $ | 0 | 58378 | ||||
| TOTAL GSF General Services | 58379 | ||||||||||
| Fund Group | $ | 566,112 | $ | 0 | 58380 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 566,112 | $ | 0 | 58381 | ||||||
| Section 209.48. PUB OHIO PUBLIC DEFENDER COMMISSION | 58383 |
| General Revenue Fund | 58384 |
| GRF | 019-321 | Public Defender Administration | $ | 1,295,570 | $ | 1,262,439 | 58385 | ||||
| GRF | 019-401 | State Legal Defense Services | $ | 5,744,601 | $ | 5,704,117 | 58386 | ||||
| GRF | 019-403 | Multi-County: State Share | $ | 823,620 | $ | 823,620 | 58387 | ||||
| GRF | 019-404 | Trumbull County - State Share | $ | 256,380 | $ | 256,380 | 58388 | ||||
| GRF | 019-405 | Training Account | $ | 31,324 | $ | 31,324 | 58389 | ||||
| GRF | 019-501 | County Reimbursement | $ | 30,000,000 | $ | 30,000,000 | 58390 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,151,495 | $ | 38,077,880 | 58391 | ||||||
| General Services Fund Group | 58392 |
| 101 | 019-602 | Inmate Legal Assistance | $ | 53,086 | $ | 32,338 | 58393 | ||||
| 406 | 019-603 | Training and Publications | $ | 16,000 | $ | 16,000 | 58394 | ||||
| 407 | 019-604 | County Representation | $ | 186,146 | $ | 188,810 | 58395 | ||||
| 408 | 019-605 | Client Payments | $ | 614,027 | $ | 762,106 | 58396 | ||||
| TOTAL GSF General Services | 58397 | ||||||||||
| Fund Group | $ | 869,259 | $ | 999,254 | 58398 | ||||||
| Federal Special Revenue Fund Group | 58399 |
| 3S8 | 019-608 | Federal Representation | $ | 380,484 | $ | 315,287 | 58400 | ||||
| TOTAL FED Federal Special Revenue | 58401 | ||||||||||
| Fund Group | $ | 380,484 | $ | 315,287 | 58402 | ||||||
| State Special Revenue Fund Group | 58403 |
| 4C7 | 019-601 | Multi-County: County Share | $ | 2,028,309 | $ | 2,104,367 | 58404 | ||||
| 4X7 | 019-610 | Trumbull County - County Share | $ | 642,106 | $ | 665,860 | 58405 | ||||
| 574 | 019-606 | Legal Services Corporation | $ | 16,575,000 | $ | 21,300,000 | 58406 | ||||
| TOTAL SSR State Special Revenue | 58407 | ||||||||||
| Fund Group | $ | 19,245,415 | $ | 24,070,227 | 58408 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 58,646,653 | $ | 63,462,648 | 58409 | ||||||
| INDIGENT DEFENSE OFFICE | 58410 |
| The foregoing appropriation items 019-404, Trumbull County - | 58411 |
| State Share, and 019-610, Trumbull County - County Share, shall be | 58412 |
| used to support an indigent defense office for Trumbull County. | 58413 |
| MULTI-COUNTY OFFICE | 58414 |
| The foregoing appropriation items 019-403, Multi-County: | 58415 |
| State Share, and 019-601, Multi-County: County Share, shall be | 58416 |
| used to support the Office of the Ohio Public Defender's | 58417 |
| Multi-County Branch Office Program. | 58418 |
| TRAINING ACCOUNT | 58419 |
| The foregoing appropriation item 019-405, Training Account, | 58420 |
| shall be used by the Ohio Public Defender to provide legal | 58421 |
| training programs at no cost for private appointed counsel who | 58422 |
| represent at least one indigent defendant at no cost and for state | 58423 |
| and county public defenders and attorneys who contract with the | 58424 |
| Ohio Public Defender to provide indigent defense services. | 58425 |
| FEDERAL REPRESENTATION | 58426 |
| The foregoing appropriation item 019-608, Federal | 58427 |
| Representation, shall be used to receive reimbursements from the | 58428 |
| federal courts when the Ohio Public Defender provides | 58429 |
| representation in federal court cases and to support | 58430 |
| representation in such cases. | 58431 |
| Section 209.51. DHS DEPARTMENT OF PUBLIC SAFETY | 58432 |
| General Revenue Fund | 58433 |
| GRF | 763-403 | Operating Expenses - EMA | $ | 4,164,697 | $ | 4,164,697 | 58434 | ||||
| GRF | 763-507 | Individual and Households Program - State | $ | 650,000 | $ | 650,000 | 58435 | ||||
| GRF | 768-424 | Operating Expenses - CJS | $ | 965,899 | $ | 1,276,192 | 58436 | ||||
| GRF | 769-321 | Food Stamp Trafficking Enforcement Operations | $ | 752,000 | $ | 752,000 | 58437 | ||||
| TOTAL GRF General Revenue Fund | $ | 6,532,596 | $ | 6,842,889 | 58438 | ||||||
| General Services Fund Group | 58439 |
| 4P6 | 768-601 | Justice Program Services | $ | 100,000 | $ | 100,000 | 58440 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,0000 | $ | 100,000 | 58441 | ||||||
| Federal Special Revenue Fund Group | 58442 |
| 3L5 | 768-604 | Justice Program | $ | 31,019,750 | $ | 25,214,623 | 58443 | ||||
| 3V8 | 768-605 | Federal Program Purposes FFY01 | $ | 50,000 | $ | 0 | 58444 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 31,069,750 | $ | 25,214,623 | 58445 | ||||||
| State Special Revenue Fund Group | 58446 |
| 5BK | 768-689 | Family Violence Shelter Programs | $ | 500,000 | $ | 650,000 | 58447 | ||||
| 5B9 | 766-632 | PI & Security Guard Provider | $ | 1,188,716 | $ | 1,188,716 | 58448 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 1,688,716 | $ | 1,838,716 | 58449 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 39,391,062 | $ | 33,996,228 | 58450 |
| OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT | 58451 |
| Of the foregoing appropriation item 763-403, Operating | 58452 |
| Expenses - EMA, $200,000 in each fiscal year shall be used to fund | 58453 |
| the Ohio Task Force One - Urban Search and Rescue Unit and other | 58454 |
| urban search and rescue programs around the state to create a | 58455 |
| stronger search and rescue capability statewide. | 58456 |
| INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH | 58457 |
| The foregoing appropriation item 763-507, Individual and | 58458 |
| Households Program - State, shall be used to fund the state share | 58459 |
| of costs to provide grants to individuals and households in cases | 58460 |
| of disaster. | 58461 |
| TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE | 58462 |
| DEPARTMENT OF PUBLIC SAFETY | 58463 |
| (A) On July 1, 2005: | 58464 |
| (1) The Office of Criminal Justice Services shall cease to | 58465 |
| exist. The employees of the Office of Criminal Justice Services | 58466 |
| who were employed by that Office on June 30, 2005, are transferred | 58467 |
| on that date to the Division of Criminal Justice Services in the | 58468 |
| Department of Public Safety. The vehicles and equipment assigned | 58469 |
| to those employees are transferred to the Division of Criminal | 58470 |
| Justice Services. | 58471 |
| (2) The assets, liabilities, other equipment not provided | 58472 |
| for, and records, irrespective of form or medium, of the Office of | 58473 |
| Criminal Justice Services are transferred to the Division of | 58474 |
| Criminal Justice Services. The Division of Criminal Justice | 58475 |
| Services is the successor to, assumes the obligations of, and | 58476 |
| otherwise constitutes the continuation of the Office of Criminal | 58477 |
| Justice Services. | 58478 |
| (3) Business commenced but not completed by the Office of | 58479 |
| Criminal Justice Services on July 1, 2005, shall be completed by | 58480 |
| the Division of Criminal Justice Services, in the same manner, and | 58481 |
| with the same effect, as if completed by the Office of Criminal | 58482 |
| Justice Services. No validation, cure, right, privilege, remedy, | 58483 |
| obligation, or liability is lost or impaired by reason of the | 58484 |
| transfer required by this section but shall be administered by the | 58485 |
| Division of Criminal Justice Services. | 58486 |
| (4) The rules, orders, and determinations pertaining to the | 58487 |
| Office of Criminal Justice Services continue in effect as rules, | 58488 |
| orders, and determinations of the Division of Criminal Justice | 58489 |
| Services until modified or rescinded by that Division. | 58490 |
| (5) No judicial or administrative action or proceeding | 58491 |
| pending on July 1, 2005, is affected by the transfer of functions | 58492 |
| from the Office of Criminal Justice Services to the Division of | 58493 |
| Criminal Justice Services and shall be prosecuted or defended in | 58494 |
| the name of the Executive Director or Division of Criminal Justice | 58495 |
| Services. On application to the court or other tribunal, the | 58496 |
| Executive Director or Division of Criminal Justice Services shall | 58497 |
| be substituted as a party in those actions and proceedings. | 58498 |
| (6) When the Director or Office of Criminal Justice Services | 58499 |
| is referred to in any statute, rule, contract, grant, or other | 58500 |
| document, the reference is hereby deemed to refer to the Executive | 58501 |
| Director or Division of Criminal Justice Services. | 58502 |
| (B) On and after July 1, 2005, if necessary to ensure the | 58503 |
| integrity of the numbering of the Administrative Code, the | 58504 |
| Director of the Legislative Service Commission shall renumber the | 58505 |
| rules of the Office of Criminal Justice Services to reflect their | 58506 |
| transfer to the Division of Criminal Justice Services in the | 58507 |
| Department of Public Safety. | 58508 |
| (C) On and after July 1, 2005, notwithstanding any provision | 58509 |
| of law to the contrary, the Director of Budget and Management is | 58510 |
| authorized to take the actions described in this section with | 58511 |
| respect to budget changes made necessary by administrative | 58512 |
| reorganization, program transfers, the creation of new funds, and | 58513 |
| the consolidation of funds as authorized by this act. The Director | 58514 |
| may make any transfer of cash balances between funds. At the | 58515 |
| request of the Director of Budget and Management, the | 58516 |
| administering agency head shall certify to the Director an | 58517 |
| estimate of the amount of the cash balance to be transferred to | 58518 |
| the receiving fund. The Director may transfer the estimated amount | 58519 |
| when needed to make payments. Not more than thirty days after | 58520 |
| certifying the estimated amount, the administering agency head | 58521 |
| shall certify the final amount to the Director. The Director shall | 58522 |
| transfer the difference between any amount previously transferred | 58523 |
| and the certified final amount. The Director may cancel | 58524 |
| encumbrances and re-establish encumbrances or parts of | 58525 |
| encumbrances as needed in fiscal year 2006 in the appropriate fund | 58526 |
| and appropriation item for the same purpose and to the same | 58527 |
| vendor. As determined by the Director, the appropriation authority | 58528 |
| necessary to re-establish those encumbrances in fiscal year 2006 | 58529 |
| in a different fund or appropriation item within an agency or | 58530 |
| between agencies is hereby authorized. The Director shall reduce | 58531 |
| each year's appropriation balances by the amount of the | 58532 |
| encumbrances canceled in their respective funds and appropriation | 58533 |
| items. Any fiscal year 2005 unencumbered or unallocated | 58534 |
| appropriation balances may be transferred to the appropriate item | 58535 |
| to be used for the same purposes, as determined by the Director. | 58536 |
| (D) Any advisory committees appointed by the Governor to | 58537 |
| assist the Office of Criminal Justice Services pursuant to section | 58538 |
| 181.53 and existing on June 30, 2005, shall continue to exist as | 58539 |
| advisory committees to the Division of Criminal Justice Services | 58540 |
| in the Department of Public Safety beginning on July 1, 2005, | 58541 |
| subject to section 121.13 of the Revised Code. | 58542 |
| Section 209.54. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 58543 |
| General Services Fund Group | 58544 |
| 5F6 | 870-622 | Utility and Railroad Regulation | $ | 30,622,222 | $ | 30,622,223 | 58545 | ||||
| 5F6 | 870-624 | NARUC/NRRI Subsidy | $ | 167,233 | $ | 167,233 | 58546 | ||||
| 5F6 | 870-625 | Motor Transportation Regulation | $ | 5,361,239 | $ | 5,361,238 | 58547 | ||||
| TOTAL GSF General Services | 58548 | ||||||||||
| Fund Group | $ | 36,150,694 | $ | 36,150,694 | 58549 | ||||||
| Federal Special Revenue Fund Group | 58550 |
| 3V3 | 870-604 | Commercial Vehicle Information Systems/Networks | $ | 300,000 | $ | 300,000 | 58551 | ||||
| 333 | 870-601 | Gas Pipeline Safety | $ | 597,957 | $ | 597,957 | 58552 | ||||
| 350 | 870-608 | Motor Carrier Safety | $ | 7,027,712 | $ | 7,027,712 | 58553 | ||||
| TOTAL FED Federal Special Revenue | 58554 | ||||||||||
| Fund Group | $ | 7,925,669 | $ | 7,925,669 | 58555 | ||||||
| State Special Revenue Fund Group | 58556 |
| 4A3 | 870-614 | Grade Crossing Protection Devices-State | $ | 1,349,757 | $ | 1,349,757 | 58557 | ||||
| 4L8 | 870-617 | Pipeline Safety-State | $ | 187,621 | $ | 187,621 | 58558 | ||||
| 4S6 | 870-618 | Hazardous Material Registration | $ | 464,325 | $ | 464,325 | 58559 | ||||
| 4S6 | 870-621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 373,346 | 58560 | ||||
| 4U8 | 870-620 | Civil Forfeitures | $ | 284,986 | $ | 284,986 | 58561 | ||||
| 559 | 870-605 | Public Utilities Territorial Administration | $ | 4,000 | $ | 4,000 | 58562 | ||||
| 560 | 870-607 | Special Assessment | $ | 100,000 | $ | 100,000 | 58563 | ||||
| 561 | 870-606 | Power Siting Board | $ | 337,210 | $ | 337,210 | 58564 | ||||
| 638 | 870-611 | Biomass Energy Program | $ | 40,000 | $ | 40,000 | 58565 | ||||
| 661 | 870-612 | Hazardous Materials Transportation | $ | 900,000 | $ | 900,000 | 58566 | ||||
| TOTAL SSR State Special Revenue | 58567 | ||||||||||
| Fund Group | $ | 4,041,245 | $ | 4,041,245 | 58568 | ||||||
| Agency Fund Group | 58569 |
| 4G4 | 870-616 | Base State Registration Program | $ | 5,600,000 | $ | 5,600,000 | 58570 | ||||
| TOTAL AGY Agency Fund Group | $ | 5,600,000 | $ | 5,600,000 | 58571 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 53,717,608 | $ | 53,717,608 | 58572 | ||||||
| COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT | 58573 |
| The Commercial Vehicle Information Systems and Networks Fund | 58574 |
| is hereby created in the state treasury. The fund shall receive | 58575 |
| funding from the United States Department of Transportation's | 58576 |
| Commercial Vehicle Intelligent Transportation System | 58577 |
| Infrastructure Deployment Program and shall be used to deploy the | 58578 |
| Ohio Commercial Vehicle Information Systems and Networks Project | 58579 |
| and to expedite and improve the safety of motor carrier operations | 58580 |
| through electronic exchange of data by means of on-highway | 58581 |
| electronic systems. | 58582 |
| Section 209.57. PWC PUBLIC WORKS COMMISSION | 58583 |
| General Revenue Fund | 58584 |
| GRF | 150-904 | Conservation General Obligation Debt Service | $ | 13,687,300 | $ | 17,168,800 | 58585 | ||||
| GRF | 150-907 | State Capital Improvements | $ | 160,731,400 | $ | 172,145,100 | 58586 | ||||
| General Obligation Debt Service | 58587 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 174,418,700 | $ | 189,313,900 | 58588 | ||||||
| Clean Ohio Fund Group | 58589 |
| 056 | 150-403 | Clean Ohio Operating Expenses | $ | 298,245 | $ | 311,509 | 58590 | ||||
| TOTAL 056 Clean Ohio Fund Group | $ | 298,245 | $ | 311,509 | 58591 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 174,716,945 | $ | 189,625,409 | 58592 | ||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 58593 |
| The foregoing appropriation item 150-904, Conservation | 58594 |
| General Obligation Debt Service, shall be used to pay all debt | 58595 |
| service and related financing costs at the times they are required | 58596 |
| to be made under sections 151.01 and 151.09 of the Revised Code | 58597 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 58598 |
| of the Sinking Fund or the Director of Budget and Management shall | 58599 |
| effectuate the required payments by intrastate transfer voucher. | 58600 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 58601 |
| The foregoing appropriation item 150-907, State Capital | 58602 |
| Improvements General Obligation Debt Service, shall be used to pay | 58603 |
| all debt service and related financing costs at the times they are | 58604 |
| required to be made under sections 151.01 and 151.08 of the | 58605 |
| Revised Code during the period from July 1, 2005, to June 30, | 58606 |
| 2007. The Office of the Sinking Fund or the Director of Budget and | 58607 |
| Management shall effectuate the required payments by intrastate | 58608 |
| transfer voucher. | 58609 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 58610 |
| (A) On or before June 1, 2007, the Director of the Public | 58611 |
| Works Commission shall certify to the Director of Budget and | 58612 |
| Management the following: | 58613 |
| (1) The total amount disbursed from appropriation item | 58614 |
| 700-409, Farmland Preservation, during the 2005-2007 biennium; and | 58615 |
| (2) The amount of interest earnings that have been credited | 58616 |
| to the Clean Ohio Conservation Fund (Fund 056) that are in excess | 58617 |
| of the amount needed for other purposes as calculated by the | 58618 |
| Director of the Public Works Commission. | 58619 |
| (B) If the Director of Budget and Management determines under | 58620 |
| division (A)(2) of this section that there are excess interest | 58621 |
| earnings, the Director of Budget and Management shall, on or | 58622 |
| before June 1, 2007, transfer the excess interest earnings to the | 58623 |
| General Revenue Fund in an amount equal to the total amount | 58624 |
| disbursed under division (A)(1) of this section from the Clean | 58625 |
| Ohio Conservation Fund. | 58626 |
| CLEAN OHIO OPERATING EXPENSES | 58627 |
| The foregoing appropriation item 150-403, Clean Ohio | 58628 |
| Operating Expenses, shall be used by the Ohio Public Works | 58629 |
| Commission in administering sections 164.20 to 164.27 of the | 58630 |
| Revised Code. | 58631 |
| Section 209.60. RAC STATE RACING COMMISSION | 58632 |
| State Special Revenue Fund Group | 58633 |
| 5C4 | 875-607 | Simulcast Horse Racing Purse | $ | 17,061,489 | $ | 17,063,948 | 58634 | ||||
| 562 | 875-601 | Thoroughbred Race Fund | $ | 4,642,378 | $ | 4,642,378 | 58635 | ||||
| 563 | 875-602 | Standardbred Development Fund | $ | 3,161,675 | $ | 3,161,675 | 58636 | ||||
| 564 | 875-603 | Quarterhorse Development Fund | $ | 2,000 | $ | 2,000 | 58637 | ||||
| 565 | 875-604 | Racing Commission Operating | $ | 4,000,000 | $ | 4,000,000 | 58638 | ||||
| TOTAL SSR State Special Revenue | 58639 | ||||||||||
| Fund Group | $ | 28,867,542 | $ | 28,870,001 | 58640 | ||||||
| Holding Account Redistribution Fund Group | 58641 |
| R21 | 875-605 | Bond Reimbursements | $ | 212,900 | $ | 212,900 | 58642 | ||||
| TOTAL 090 Holding Account Redistribution | 58643 | ||||||||||
| Fund Group | $ | 212,900 | $ | 212,900 | 58644 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 29,080,442 | $ | 29,082,901 | 58645 | ||||||
| Section 209.63. BOR BOARD OF REGENTS | 58647 |
| General Revenue Fund | 58648 |
| GRF | 235-321 | Operating Expenses | $ | 2,897,659 | $ | 2,966,351 | 58649 | ||||
| GRF | 235-401 | Lease Rental Payments | $ | 200,619,200 | $ | 200,795,300 | 58650 | ||||
| GRF | 235-402 | Sea Grants | $ | 231,925 | $ | 231,925 | 58651 | ||||
| GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 58652 | ||||
| GRF | 235-408 | Midwest Higher Education Compact | $ | 90,000 | $ | 90,000 | 58653 | ||||
| GRF | 235-409 | Information System | $ | 1,146,510 | $ | 1,175,172 | 58654 | ||||
| GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,352,811 | $ | 1,382,881 | 58655 | ||||
| GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 58656 | ||||
| GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 58657 | ||||
| GRF | 235-418 | Access Challenge | $ | 63,340,676 | $ | 63,340,676 | 58658 | ||||
| GRF | 235-420 | Success Challenge | $ | 52,601,934 | $ | 52,601,934 | 58659 | ||||
| GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,076,068 | $ | 1,076,068 | 58660 | ||||
| GRF | 235-433 | Economic Growth Challenge | $ | 20,343,097 | $ | 23,186,194 | 58661 | ||||
| GRF | 235-434 | College Readiness and Access | $ | 6,375,975 | $ | 7,655,425 | 58662 | ||||
| GRF | 235-435 | Teacher Improvement Initiatives | $ | 2,597,506 | $ | 2,597,506 | 58663 | ||||
| GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,370,988 | 58664 | ||||
| GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 58665 | ||||
| GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 58666 | ||||
| GRF | 235-501 | State Share of Instruction | $ | 1,559,096,031 | $ | 1,559,096,031 | 58667 | ||||
| GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 58668 | ||||
| GRF | 235-503 | Ohio Instructional Grants | $ | 121,151,870 | $ | 92,496,969 | 58669 | ||||
| GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 58670 | ||||
| GRF | 235-507 | OhioLINK | $ | 6,887,824 | $ | 6,887,824 | 58671 | ||||
| GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 58672 | ||||
| GRF | 235-510 | Ohio Supercomputer Center | $ | 4,021,195 | $ | 4,021,195 | 58673 | ||||
| GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 58674 | ||||
| GRF | 235-513 | Ohio University Voinovich Center | $ | 286,082 | $ | 286,082 | 58675 | ||||
| GRF | 235-514 | Central State Supplement | $ | 10,172,626 | $ | 9,663,995 | 58676 | ||||
| GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 58677 | ||||
| GRF | 235-520 | Shawnee State Supplement | $ | 1,817,839 | $ | 1,636,055 | 58678 | ||||
| GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 58679 | ||||
| GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 58680 | ||||
| GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 750,110 | 58681 | ||||
| GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 58682 | ||||
| GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 58683 | ||||
| GRF | 235-531 | Student Choice Grants | $ | 50,853,276 | $ | 52,985,376 | 58684 | ||||
| GRF | 235-534 | Student Workforce Development Grants | $ | 2,137,500 | $ | 2,137,500 | 58685 | ||||
| GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,830,188 | $ | 35,830,188 | 58686 | ||||
| GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,457,721 | $ | 10,534,617 | 58687 | ||||
| GRF | 235-552 | Capital Component | $ | 19,058,863 | $ | 19,058,863 | 58688 | ||||
| GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 58689 | ||||
| GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 58690 | ||||
| GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 58691 | ||||
| GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 58692 | ||||
| GRF | 235-558 | Long-term Care Research | $ | 211,047 | $ | 211,047 | 58693 | ||||
| GRF | 235-560 | Clinical Teaching Support | $ | 45,931,099 | $ | 45,931,099 | 58694 | ||||
| GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 58695 | ||||
| GRF | 235-562 | Family Practice and Primary Care Residencies | $ | 6,794,158 | $ | 6,794,158 | 58696 | ||||
| GRF | 235-563 | Ohio College Opportunity Grant | $ | 0 | $ | 58,144,139 | 58697 | ||||
| GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 58698 | ||||
| GRF | 235-583 | Urban University Programs | $ | 4,685,408 | $ | 4,685,408 | 58699 | ||||
| GRF | 235-587 | Rural University Projects | $ | 1,033,100 | $ | 1,033,100 | 58700 | ||||
| GRF | 235-596 | Hazardous Materials Program | $ | 310,435 | $ | 310,435 | 58701 | ||||
| GRF | 235-599 | National Guard Scholarship Program | $ | 15,128,472 | $ | 16,611,063 | 58702 | ||||
| GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 137,600,300 | $ | 152,114,100 | 58703 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,467,237,448 | $ | 2,516,038,717 | 58704 | ||||||
| General Services Fund Group | 58705 |
| 220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 58706 | ||||
| 456 | 235-603 | Sales and Services | $ | 700,000 | $ | 900,000 | 58707 | ||||
| TOTAL GSF General Services | 58708 | ||||||||||
| Fund Group | $ | 1,100,000 | $ | 1,300,000 | 58709 | ||||||
| Federal Special Revenue Fund Group | 58710 |
| 3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 58711 | ||||
| 3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,143 | $ | 3,346,143 | 58712 | ||||
| 3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 58713 | ||||
| 3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 58714 | ||||
| 312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 58715 | ||||
| 312 | 235-611 | Gear-up Grant | $ | 1,370,691 | $ | 1,370,691 | 58716 | ||||
| 312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 58717 | ||||
| 312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 58718 | ||||
| 312 | 235-617 | Improving Teacher Quality Grant | $ | 2,900,000 | $ | 2,900,000 | 58719 | ||||
| 312 | 235-619 | Ohio Supercomputer Center | $ | 6,000,000 | $ | 6,000,000 | 58720 | ||||
| 312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 58721 | ||||
| 312 | 235-631 | Federal Grants | $ | 250,590 | $ | 250,590 | 58722 | ||||
| TOTAL FED Federal Special Revenue | 58723 | ||||||||||
| Fund Group | $ | 20,221,014 | $ | 20,221,014 | 58724 | ||||||
| State Special Revenue Fund Group | 58725 |
| 4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 55,000 | $ | 55,000 | 58726 | ||||
| 4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 58727 | ||||
| 649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 58728 | ||||
| 682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 58729 | ||||
| TOTAL SSR State Special Revenue | 58730 | ||||||||||
| Fund Group | $ | 2,184,870 | $ | 2,184,870 | 58731 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,490,743,332 | $ | 2,539,744,601 | 58732 | ||||||
| Section 209.63.03. OPERATING EXPENSES | 58734 |
| Of the foregoing appropriation item 235-321, Operating | 58735 |
| Expenses, up to $150,000 in each fiscal year shall be used in | 58736 |
| conjunction with funding provided in the Department of Education | 58737 |
| budget under appropriation item 200-427, Academic Standards, to | 58738 |
| create Ohio's Partnership for Continued Learning, in consultation | 58739 |
| with the Governor's Office. The Partnership, which replaces and | 58740 |
| broadens the former Joint Council of the Department of Education | 58741 |
| and the Board of Regents, shall advise and make recommendations to | 58742 |
| promote collaboration among relevant state entities in an effort | 58743 |
| to help local communities develop coherent and successful "P-16" | 58744 |
| learning systems. The Director of Budget and Management may | 58745 |
| transfer any unencumbered fiscal year 2006 balance to fiscal year | 58746 |
| 2007 to support the activities of the Partnership. | 58747 |
| Section 209.63.06. LEASE RENTAL PAYMENTS | 58748 |
| The foregoing appropriation item 235-401, Lease Rental | 58749 |
| Payments, shall be used to meet all payments at the times they are | 58750 |
| required to be made during the period from July 1, 2005, to June | 58751 |
| 30, 2007, by the Board of Regents under leases and agreements made | 58752 |
| under section 154.21 of the Revised Code, but limited to the | 58753 |
| aggregate amount of $401,414,500. Nothing in this act shall be | 58754 |
| deemed to contravene the obligation of the state to pay, without | 58755 |
| necessity for further appropriation, from the sources pledged | 58756 |
| thereto, the bond service charges on obligations issued pursuant | 58757 |
| to section 154.21 of the Revised Code. | 58758 |
| Section 209.63.09. SEA GRANTS | 58759 |
| The foregoing appropriation item 235-402, Sea Grants, shall | 58760 |
| be disbursed to the Ohio State University and shall be used to | 58761 |
| conduct research on fish in Lake Erie. | 58762 |
| Section 209.63.12. ARTICULATION AND TRANSFER | 58763 |
| The foregoing appropriation item 235-406, Articulation and | 58764 |
| Transfer, shall be used by the Board of Regents to maintain and | 58765 |
| expand the work of the Articulation and Transfer Council to | 58766 |
| develop a system of transfer policies to ensure that students at | 58767 |
| state institutions of higher education can transfer and have | 58768 |
| coursework apply to their majors and degrees at any other state | 58769 |
| institution of higher education without unnecessary duplication or | 58770 |
| institutional barriers under section 3333.16 of the Revised Code. | 58771 |
| Of the foregoing appropriation item 235-406, Articulation and | 58772 |
| Transfer, $200,000 in each fiscal year shall be used to support | 58773 |
| the work of the Articulation and Transfer Council under division | 58774 |
| (B) of section 3333.16 of the Revised Code. | 58775 |
| Section 209.63.15. MIDWEST HIGHER EDUCATION COMPACT | 58776 |
| The foregoing appropriation item 235-408, Midwest Higher | 58777 |
| Education Compact, shall be distributed by the Board of Regents | 58778 |
| under section 3333.40 of the Revised Code. | 58779 |
| Section 209.63.18. INFORMATION SYSTEM | 58780 |
| The foregoing appropriation item 235-409, Information System, | 58781 |
| shall be used by the Board of Regents to operate the higher | 58782 |
| education information data system known as the Higher Education | 58783 |
| Information System. | 58784 |
| Section 209.63.21. STATE GRANTS AND SCHOLARSHIP | 58785 |
| ADMINISTRATION | 58786 |
| The foregoing appropriation item 235-414, State Grants and | 58787 |
| Scholarship Administration, shall be used by the Board of Regents | 58788 |
| to administer the following student financial aid programs: Ohio | 58789 |
| Instructional Grant, Part-time Student Instructional Grant, Ohio | 58790 |
| College Opportunity Grant, Ohio Student Choice Grant, Ohio | 58791 |
| Academic Scholarship, Ohio War Orphans' Scholarship, Nurse | 58792 |
| Education Assistance Loan Program, Student Workforce Development | 58793 |
| Grant, Regents Graduate/Professional Fellowship, Ohio Safety | 58794 |
| Officers College Memorial Fund, Capitol Scholarship Program, and | 58795 |
| any other student financial aid programs created by the General | 58796 |
| Assembly. The appropriation item also shall be used to administer | 58797 |
| the federal Leveraging Educational Assistance Partnership (LEAP) | 58798 |
| and Special Leveraging Educational Assistance Partnership (SLEAP) | 58799 |
| programs and other student financial aid programs created by | 58800 |
| Congress and to provide fiscal services for the Ohio National | 58801 |
| Guard Scholarship Program and the Physician Loan Repayment | 58802 |
| Program. | 58803 |
| Section 209.63.24. JOBS CHALLENGE | 58804 |
| Funds appropriated to the foregoing appropriation item | 58805 |
| 235-415, Jobs Challenge, shall be distributed to state-assisted | 58806 |
| community and technical colleges, regional campuses of | 58807 |
| state-assisted universities, and other organizationally distinct | 58808 |
| and identifiable member campuses of the EnterpriseOhio Network in | 58809 |
| support of noncredit job-related training. In each fiscal year, | 58810 |
| $2,770,773 shall be distributed as performance grants to | 58811 |
| EnterpriseOhio Network campuses based upon each campus's | 58812 |
| documented performance according to criteria established by the | 58813 |
| Board of Regents for increasing training and related services to | 58814 |
| businesses, industries, and public sector organizations. | 58815 |
| Of the foregoing appropriation item 235-415, Jobs Challenge, | 58816 |
| $2,819,345 in each fiscal year shall be allocated to the Targeted | 58817 |
| Industries Training Grant Program to attract, develop, and retain | 58818 |
| business and industry strategically important to the state's | 58819 |
| economy. | 58820 |
| Also, in each fiscal year, $3,758,182 shall be allocated to | 58821 |
| the Higher Skills Incentives Program to promote and deliver | 58822 |
| coordinated, comprehensive training to local employers and to | 58823 |
| reward EnterpriseOhio Network campuses for increasing the amount | 58824 |
| of non-credit skill upgrading services provided to Ohio employers | 58825 |
| and employees. The funds shall be distributed to campuses in | 58826 |
| proportion to each campus's share of noncredit job-related | 58827 |
| training revenues received by all campuses for the previous fiscal | 58828 |
| year. It is the intent of the General Assembly that this Higher | 58829 |
| Skills Incentives component of the Jobs Challenge Program reward | 58830 |
| campus noncredit job-related training efforts in the same manner | 58831 |
| that the Research Challenge Program rewards campuses for their | 58832 |
| ability to obtain sponsored research revenues. | 58833 |
| Section 209.63.27. OHIO LEARNING NETWORK | 58834 |
| The foregoing appropriation item 235-417, Ohio Learning | 58835 |
| Network, shall be used by the Board of Regents to support the | 58836 |
| continued implementation of the Ohio Learning Network, a statewide | 58837 |
| electronic collaborative effort designed to promote degree | 58838 |
| completion of students, workforce training of employees, and | 58839 |
| professional development through the use of advanced | 58840 |
| telecommunications and distance education initiatives. | 58841 |
| Section 209.63.30. ACCESS CHALLENGE | 58842 |
| In each fiscal year, the foregoing appropriation item | 58843 |
| 235-418, Access Challenge, shall be distributed to Ohio's | 58844 |
| state-assisted access colleges and universities. For the purposes | 58845 |
| of this allocation, "access campuses" includes state-assisted | 58846 |
| community colleges, state community colleges, technical colleges, | 58847 |
| Shawnee State University, Central State University, Cleveland | 58848 |
| State University, the regional campuses of state-assisted | 58849 |
| universities, and, where they are organizationally distinct and | 58850 |
| identifiable, the community-technical colleges located at the | 58851 |
| University of Cincinnati, Youngstown State University, and the | 58852 |
| University of Akron. | 58853 |
| The purpose of Access Challenge is to reduce the student | 58854 |
| share of costs for resident undergraduates enrolled in lower | 58855 |
| division undergraduate courses at Ohio's access campuses. The | 58856 |
| long-term goal is to make the student share of costs for these | 58857 |
| students equivalent to the student share of costs for resident | 58858 |
| undergraduate students enrolled throughout Ohio's public colleges | 58859 |
| and universities. Access Challenge appropriations shall be used in | 58860 |
| both years of the biennium to sustain, as much as possible, the | 58861 |
| tuition restraint or tuition reduction that was achieved with | 58862 |
| Access Challenge allocations in prior years. | 58863 |
| In fiscal year 2006, Access Challenge subsidies shall be | 58864 |
| distributed by the Board of Regents to eligible access campuses on | 58865 |
| the basis of the average of each campus's share of fiscal year | 58866 |
| 2003 and 2004 all-terms subsidy-eligible General Studies FTEs. In | 58867 |
| fiscal year 2007, Access Challenge subsidies shall be distributed | 58868 |
| by the Board of Regents to eligible access campuses on the basis | 58869 |
| of the average of each campus's share of fiscal year 2004 and 2005 | 58870 |
| all-terms subsidy-eligible General Studies FTEs. | 58871 |
| For purposes of this calculation, Cleveland State | 58872 |
| University's enrollments shall be adjusted by the ratio of the sum | 58873 |
| of subsidy-eligible lower-division FTE student enrollments | 58874 |
| eligible for access funding to the sum of subsidy-eligible General | 58875 |
| Studies FTE student enrollments at Central State University and | 58876 |
| Shawnee State University, and for the following universities and | 58877 |
| their regional campuses: the Ohio State University, Ohio | 58878 |
| University, Kent State University, Bowling Green State University, | 58879 |
| Miami University, the University of Cincinnati, the University of | 58880 |
| Akron, and Wright State University. | 58881 |
| Section 209.63.33. SUCCESS CHALLENGE | 58882 |
| The foregoing appropriation item 235-420, Success Challenge, | 58883 |
| shall be used by the Board of Regents to promote degree completion | 58884 |
| by students enrolled at a main campus of a state-assisted | 58885 |
| university. | 58886 |
| Of the foregoing appropriation item 235-420, Success | 58887 |
| Challenge, 66.67 per cent of the appropriation in each fiscal year | 58888 |
| shall be distributed to state-assisted university main campuses in | 58889 |
| proportion to each campus's share of the total statewide | 58890 |
| bachelor's degrees granted by university main campuses to | 58891 |
| "at-risk" students. In fiscal years 2006 and 2007, an "at-risk" | 58892 |
| student means any undergraduate student who was eligible to | 58893 |
| receive an Ohio need-based financial aid award during the past ten | 58894 |
| years. An eligible institution shall not receive its share of this | 58895 |
| distribution until it has submitted a plan that addresses how the | 58896 |
| subsidy will be used to better serve at-risk students and increase | 58897 |
| their likelihood of successful completion of a bachelor's degree | 58898 |
| program. The Board of Regents shall disseminate to all | 58899 |
| state-supported institutions of higher education all such plans | 58900 |
| submitted by institutions that received Success Challenge funds. | 58901 |
| Of the foregoing appropriation item 235-420, Success | 58902 |
| Challenge, 33.33 per cent of the appropriation in each fiscal year | 58903 |
| shall be distributed to university main campuses in proportion to | 58904 |
| each campus's share of the total bachelor's degrees granted by | 58905 |
| university main campuses to undergraduate students who completed | 58906 |
| their bachelor's degrees in a "timely manner" in the previous | 58907 |
| fiscal year. For purposes of this section, "timely manner" means | 58908 |
| the normal time it would take for a full-time degree-seeking | 58909 |
| undergraduate student to complete the student's degree. Generally, | 58910 |
| for such students pursuing a bachelor's degree, "timely manner" | 58911 |
| means four years. Exceptions to this general rule shall be | 58912 |
| permitted for students enrolled in programs specifically designed | 58913 |
| to be completed in a longer time period. The Board of Regents | 58914 |
| shall collect data to assess the timely completion statistics by | 58915 |
| university main campuses. | 58916 |
| Section 209.63.36. APPALACHIAN NEW ECONOMY PARTNERSHIP | 58917 |
| The foregoing appropriation item 235-428, Appalachian New | 58918 |
| Economy Partnership, shall be distributed to Ohio University to | 58919 |
| continue a multi-campus and multi-agency coordinated effort to | 58920 |
| link Appalachia to the new economy. Ohio University shall use | 58921 |
| these funds to provide leadership in the development and | 58922 |
| implementation of initiatives in the areas of entrepreneurship, | 58923 |
| management, education, and technology. | 58924 |
| Section 209.63.39. ECONOMIC GROWTH CHALLENGE | 58925 |
| The foregoing appropriation item 235-433, Economic Growth | 58926 |
| Challenge, shall be used to enhance the basic research | 58927 |
| capabilities of Ohio's public institutions of higher education, | 58928 |
| support improved graduate programs throughout the state, and | 58929 |
| promote the transfer of technology developed by colleges and | 58930 |
| universities to private industry to further the economic goals of | 58931 |
| the state. | 58932 |
| Of the foregoing appropriation item 235-433, Economic Growth | 58933 |
| Challenge, $18,000,000 in each fiscal year shall be used for the | 58934 |
| Research Incentive Program to enhance the basic research | 58935 |
| capabilities of public colleges and universities and accredited | 58936 |
| Ohio institutions of higher education holding certificates of | 58937 |
| authorization issued under section 1713.02 of the Revised Code, in | 58938 |
| order to strengthen academic research for pursuing Ohio's economic | 58939 |
| development goals. The Board of Regents, in consultation with the | 58940 |
| colleges and universities, shall administer the Research Incentive | 58941 |
| Program and utilize a means of matching, on a fractional basis, | 58942 |
| external funds attracted in the previous year by institutions for | 58943 |
| basic research. The program may include incentives for increasing | 58944 |
| the amount of external research funds coming to eligible | 58945 |
| institutions and for focusing research efforts upon critical state | 58946 |
| needs. Colleges and universities shall submit for review and | 58947 |
| approval to the Board of Regents plans for the institutional | 58948 |
| allocation of state dollars received through the program. The | 58949 |
| institutional plans shall provide the rationale for the allocation | 58950 |
| in terms of the strategic targeting of funds for academic and | 58951 |
| state purposes, for strengthening research programs, for | 58952 |
| increasing the amount of external research funds, and shall | 58953 |
| include an evaluation process to provide results of the increased | 58954 |
| support. Institutional plans for the use of Research Incentive | 58955 |
| funding must demonstrate a significant investment in Third | 58956 |
| Frontier activities funded at the institution. For a college or | 58957 |
| university with multiple Third Frontier grants, as much as 10% of | 58958 |
| that institution's Research Incentive funding may be invested in | 58959 |
| Third Frontier Project-related activities. Each institutional plan | 58960 |
| for the investment of Research Incentive moneys shall report on | 58961 |
| existing, planned, or possible relationships with other state | 58962 |
| science and technology programs and funding recipients in order to | 58963 |
| further ongoing statewide science and technology collaboration | 58964 |
| objectives. The Board of Regents shall submit a biennial report of | 58965 |
| progress to the General Assembly. | 58966 |
| In fiscal year 2006, each state-assisted doctoral | 58967 |
| degree-granting university shall initiate a comprehensive | 58968 |
| Innovation Incentive Plan designed to enhance doctoral programs | 58969 |
| and areas of research that have the greatest potential to attract | 58970 |
| preeminent researchers and build research capacity; enhance | 58971 |
| regional or state economic growth by creating new products and | 58972 |
| services to be commercialized; and complement Ohio's Third | 58973 |
| Frontier Project. | 58974 |
| Funding for the Innovation Incentive Program shall be | 58975 |
| generated from those universities electing to set aside a portion | 58976 |
| of their allocation of the current doctoral reserve as provided in | 58977 |
| appropriation item 235-501, State Share of Instruction, and state | 58978 |
| matching funds provided in appropriation item 235-433, Economic | 58979 |
| Growth Challenge. | 58980 |
| Of the foregoing appropriation item 235-433, Economic Growth | 58981 |
| Challenge, $2,343,097 in fiscal year 2006 and $4,686,194 in fiscal | 58982 |
| year 2007 shall match funds set aside by the universities for the | 58983 |
| Innovation Incentive Program. The set aside begins in fiscal year | 58984 |
| 2006 and occurs incrementally over a period of ten years with the | 58985 |
| goal of setting aside a total of fifteen per cent of the doctoral | 58986 |
| reserve from appropriation item 235-501, State Share of | 58987 |
| Instruction, by 2016. | 58988 |
| The Board of Regents shall use the combined amount of each | 58989 |
| participating university's set aside of the doctoral reserve that | 58990 |
| has been withheld and the state matching funds earmarked under | 58991 |
| appropriation item 235-433, Economic Growth Challenge, to make | 58992 |
| awards through a competitive process under the Innovation | 58993 |
| Incentive Program. Only universities electing to set aside the | 58994 |
| prescribed amount of their allocation of the doctoral reserve are | 58995 |
| eligible to compete for and receive Innovation Incentive awards. | 58996 |
| The participating universities shall use these awards to | 58997 |
| restructure their array of doctoral programs. | 58998 |
| Of the foregoing appropriation item 235-433, Economic Growth | 58999 |
| Challenge, $500,000 in fiscal year 2007 shall be distributed for | 59000 |
| the Technology Commercialization Incentive. The purpose of the | 59001 |
| Technology Commercialization Incentive is to reward public and | 59002 |
| private colleges and universities for successful technology | 59003 |
| transfer to Ohio-based business and industry resulting in the | 59004 |
| commercialization of new products, processes, and services and the | 59005 |
| establishment of new business start-ups within the state. The | 59006 |
| Third Frontier Commission, with counsel from the Third Frontier | 59007 |
| Advisory Board, shall establish the eligibility criteria for | 59008 |
| public and private colleges and universities interested in | 59009 |
| applying for Technology Commercialization Incentive funding. To | 59010 |
| qualify for the funds, public and private colleges and | 59011 |
| universities must maintain a significant investment in their own | 59012 |
| technology-transfer and commercialization operation and | 59013 |
| capabilities, and possess a significant history of successful | 59014 |
| research partnerships with Ohio-based business and industry. | 59015 |
| Section 209.63.42. COLLEGE READINESS AND ACCESS | 59016 |
| Appropriation item 235-434, College Readiness and Access, | 59017 |
| shall be used by the Board of Regents to support programs designed | 59018 |
| to improve the academic preparation and increase the number of | 59019 |
| students that enroll and succeed in higher education such as the | 59020 |
| Ohio College Access Network, the state match for the federal | 59021 |
| Gaining Early Awareness and Readiness for Undergraduate Program, | 59022 |
| and early awareness initiatives. The appropriation item shall also | 59023 |
| be used to support innovative statewide strategies to increase | 59024 |
| student access and retention for specialized populations, and to | 59025 |
| provide for pilot projects that will contribute to improving | 59026 |
| access to higher education by specialized populations. The funds | 59027 |
| may be used for projects that improve access for nonpublic | 59028 |
| secondary students. | 59029 |
| Of the foregoing appropriation item 235-434, College | 59030 |
| Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in | 59031 |
| fiscal year 2007 shall be distributed to the Ohio Appalachian | 59032 |
| Center for Higher Education at Shawnee State University. The board | 59033 |
| of directors of the Center shall consist of the presidents of | 59034 |
| Shawnee State University, Ohio University, Belmont Technical | 59035 |
| College, Hocking College, Jefferson Community College, Zane State | 59036 |
| College, Rio Grande Community College, Southern State Community | 59037 |
| College, and Washington State Community College; the dean of one | 59038 |
| of the Salem, Tuscarawas, and East Liverpool regional campuses of | 59039 |
| Kent State University, as designated by the president of Kent | 59040 |
| State University; and a representative of the Board of Regents | 59041 |
| designated by the Chancellor. | 59042 |
| Of the foregoing appropriation item 235-434, College | 59043 |
| Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in | 59044 |
| fiscal year 2007 shall be distributed to Miami University for the | 59045 |
| Student Achievement in Research and Scholarship (STARS) Program. | 59046 |
| Of the foregoing appropriation item 235-434, College | 59047 |
| Readiness and Access, $1,574,535 in fiscal year 2006 and | 59048 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 59049 |
| funding provided in the Ohio Department of Education budget under | 59050 |
| appropriation item 200-431, School Improvement Initiatives, to | 59051 |
| support the Early College High School Pilot Program. | 59052 |
| Section 209.63.45. TEACHER IMPROVEMENT INITIATIVES | 59053 |
| Appropriation item 235-435, Teacher Improvement Initiatives, | 59054 |
| shall be used by the Board of Regents to support programs such as | 59055 |
| OSI - Discovery and the Centers of Excellence in Mathematics and | 59056 |
| Science designed to raise the quality of mathematics and science | 59057 |
| teaching in primary and secondary education. | 59058 |
| Of the foregoing appropriation item 235-435, Teacher | 59059 |
| Improvement Initiatives, $204,049 in each fiscal year shall be | 59060 |
| distributed to the Mathematics and Science Center in Lake County. | 59061 |
| Of the foregoing appropriation item 235-435, Teacher | 59062 |
| Improvement Initiatives, $81,619 in each fiscal year shall be | 59063 |
| distributed to the Ohio Mathematics and Science Coalition. | 59064 |
| Of the foregoing appropriation item 234-435, Teacher | 59065 |
| Improvement Initiatives, $100,000 in each fiscal year shall be | 59066 |
| distributed to the Teacher Quality Partnerships study. | 59067 |
| Of the foregoing appropriation item 235-435, Teacher | 59068 |
| Improvement Initiatives, $799,871 in each fiscal year shall be | 59069 |
| distributed to the Ohio Resource Center for Mathematics, Science, | 59070 |
| and Reading. The funds shall be used to support a resource center | 59071 |
| for mathematics, science, and reading to be located at a | 59072 |
| state-assisted university for the purpose of identifying best | 59073 |
| educational practices in primary and secondary schools and | 59074 |
| establishing methods for communicating them to colleges of | 59075 |
| education and school districts. The Ohio Resource Center for | 59076 |
| Mathematics, Science, and Reading shall not make available | 59077 |
| resources that are inconsistent with the K-12 science standards | 59078 |
| and policies as adopted by the State Board of Education. | 59079 |
| Section 209.63.48. EMINENT SCHOLARS | 59080 |
| The foregoing appropriation item 235-451, Eminent Scholars, | 59081 |
| shall be used by the Ohio Board of Regents to continue the Ohio | 59082 |
| Eminent Scholars Program, the purpose of which is to invest | 59083 |
| educational resources to address problems that are of vital | 59084 |
| statewide significance while fostering the growth in eminence of | 59085 |
| Ohio's academic programs. Ohio Eminent Scholars endowed chairs | 59086 |
| shall allow Ohio universities to recruit senior faculty members | 59087 |
| from outside Ohio who are nationally and internationally | 59088 |
| recognized scholars in areas of science and technology that | 59089 |
| provide the basic research platforms on which the state's | 59090 |
| technology and commercialization efforts are built. Endowment | 59091 |
| grants of approximately $685,494 to state colleges and | 59092 |
| universities and nonprofit Ohio institutions of higher education | 59093 |
| holding certificates of authorization issued under section 1713.02 | 59094 |
| of the Revised Code to match endowment gifts from nonstate sources | 59095 |
| may be made in accordance with a plan established by the Ohio | 59096 |
| Board of Regents. Matching nonstate endowment gifts shall be equal | 59097 |
| to the state's endowment grant of approximately $685,494. The | 59098 |
| grants shall have as their purpose attracting and sustaining in | 59099 |
| Ohio scholar-leaders of national or international prominence; each | 59100 |
| grant shall assist in accelerating state economic growth through | 59101 |
| research that provides an essential basic science platform for | 59102 |
| commercialization efforts. Such scholar-leaders shall, among their | 59103 |
| duties, share broadly the benefits and knowledge unique to their | 59104 |
| fields of scholarship to the betterment of Ohio and its people and | 59105 |
| collaborate with other state technology programs and program | 59106 |
| recipients. | 59107 |
| All new Eminent Scholar awards made by the Board of Regents | 59108 |
| shall be associated with a Wright Center of Innovation, a | 59109 |
| Partnership Award from the Biomedical Research and Technology | 59110 |
| Transfer Trust Fund, or a Wright Capital Project. | 59111 |
| Section 209.63.51. ENTERPRISEOHIO NETWORK | 59112 |
| The foregoing appropriation item 235-455, EnterpriseOhio | 59113 |
| Network, shall be allocated by the Board of Regents to continue | 59114 |
| increasing the capabilities of the EnterpriseOhio Network to meet | 59115 |
| the ongoing training needs of Ohio employers. Funds shall support | 59116 |
| multicampus collaboration, best practice dissemination, and | 59117 |
| capacity building projects. The Regents Advisory Committee for | 59118 |
| Workforce Development, in its advisory role, shall advise in the | 59119 |
| development of plans and activities. | 59120 |
| Of the foregoing appropriation item 235-455, EnterpriseOhio | 59121 |
| Network, $165,300 in each fiscal year 2005 shall be used by the | 59122 |
| Dayton Business/Sinclair College Jobs Profiling Program. | 59123 |
| Section 209.63.54. AREA HEALTH EDUCATION CENTERS | 59124 |
| The foregoing appropriation item 235-474, Area Health | 59125 |
| Education Centers Program Support, shall be used by the Board of | 59126 |
| Regents to support the medical school regional area health | 59127 |
| education centers' educational programs for the continued support | 59128 |
| of medical and other health professions education and for support | 59129 |
| of the Area Health Education Center Program. | 59130 |
| Of the foregoing appropriation item 235-474, Area Health | 59131 |
| Education Centers Program Support, $159,158 in each fiscal year | 59132 |
| shall be disbursed to the Ohio University College of Osteopathic | 59133 |
| Medicine to operate a mobile health care unit to serve the | 59134 |
| southeastern area of the state. | 59135 |
| Of the foregoing appropriation item 235-474, Area Health | 59136 |
| Education Centers Program Support, $119,369 in each fiscal year | 59137 |
| shall be used to support the Ohio Valley Community Health | 59138 |
| Information Network (OVCHIN) project. | 59139 |
| Section 209.63.57. STATE SHARE OF INSTRUCTION | 59140 |
| As soon as practicable during each fiscal year of the | 59141 |
| biennium ending June 30, 2007, in accordance with instructions of | 59142 |
| the Board of Regents, each state-assisted institution of higher | 59143 |
| education shall report its actual enrollment to the Board of | 59144 |
| Regents. | 59145 |
| The Board of Regents shall establish procedures required by | 59146 |
| the system of formulas set out below and for the assignment of | 59147 |
| individual institutions to categories described in the formulas. | 59148 |
| The system of formulas establishes the manner in which aggregate | 59149 |
| expenditure requirements shall be determined for each of the three | 59150 |
| components of institutional operations. In addition to other | 59151 |
| adjustments and calculations described below, the subsidy | 59152 |
| entitlement of an institution shall be determined by subtracting | 59153 |
| from the institution's aggregate expenditure requirements income | 59154 |
| to be derived from the local contributions assumed in calculating | 59155 |
| the subsidy entitlements. The local contributions for purposes of | 59156 |
| determining subsidy support shall not limit the authority of the | 59157 |
| individual boards of trustees to establish fee levels. | 59158 |
| The General Studies and Technical models shall be adjusted by | 59159 |
| the Board of Regents so that the share of state subsidy earned by | 59160 |
| those models is not altered by changes in the overall local share. | 59161 |
| A lower-division fee differential shall be used to maintain the | 59162 |
| relationship that would have occurred between these models and the | 59163 |
| baccalaureate models had an assumed share of 37 per cent been | 59164 |
| funded. | 59165 |
| In defining the number of full-time equivalent (FTE) students | 59166 |
| for state subsidy purposes, the Board of Regents shall exclude all | 59167 |
| undergraduate students who are not residents of Ohio, except those | 59168 |
| charged in-state fees in accordance with reciprocity agreements | 59169 |
| made under section 3333.17 of the Revised Code or employer | 59170 |
| contracts entered into under section 3333.32 of the Revised Code. | 59171 |
| (A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT | 59172 |
| (1) INSTRUCTION AND SUPPORT SERVICES | 59173 |
| MODEL | FY 2006 | FY 2007 | 59174 | |
| General Studies I | $ 4,655 | $ 4,655 | 59175 | |
| General Studies II | $ 5,135 | $ 5,135 | 59176 | |
| General Studies III | $ 6,365 | $ 6,365 | 59177 | |
| Technical I | $ 5,926 | $ 5,926 | 59178 | |
| Technical III | $ 9,107 | $ 9,107 | 59179 | |
| Baccalaureate I | $ 7,160 | $ 7,160 | 59180 | |
| Baccalaureate II | $ 8,235 | $ 8,235 | 59181 | |
| Baccalaureate III | $ 11,841 | $ 11,841 | 59182 | |
| Masters and Professional I | $ 19,088 | $ 19,088 | 59183 | |
| Masters and Professional II | $ 20,984 | $ 20,984 | 59184 | |
| Masters and Professional III | $ 27,234 | $ 27,234 | 59185 | |
| Medical I | $ 29,143 | $ 29,143 | 59186 | |
| Medical II | $ 37,172 | $ 37,172 | 59187 | |
| MPD I | $ 13,645 | $ 13,645 | 59188 |
| (2) STUDENT SERVICES | 59189 |
| For this purpose, FTE counts shall be weighted to reflect | 59190 |
| differences among institutions in the numbers of students enrolled | 59191 |
| on a part-time basis. The student services subsidy per FTE shall | 59192 |
| be $890 in each fiscal year for all models. | 59193 |
| (B) PLANT OPERATION AND MAINTENANCE (POM) | 59194 |
| (1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY | 59195 |
| Space undergoing renovation shall be funded at the rate | 59196 |
| allowed for storage space. | 59197 |
| In the calculation of square footage for each campus, square | 59198 |
| footage shall be weighted to reflect differences in space | 59199 |
| utilization. | 59200 |
| The space inventories for each campus shall be those | 59201 |
| determined in the fiscal year 2003 state share of instruction | 59202 |
| calculation, adjusted for changes attributable to the construction | 59203 |
| or renovation of facilities for which state appropriations were | 59204 |
| made or local commitments were made prior to January 1, 1995. | 59205 |
| Only 50 per cent of the space permanently taken out of | 59206 |
| operation in fiscal year 2006 or fiscal year 2007 that is not | 59207 |
| otherwise replaced by a campus shall be deleted from the plant | 59208 |
| operation and maintenance space inventory. | 59209 |
| The square-foot-based plant operation and maintenance subsidy | 59210 |
| for each campus shall be determined as follows: | 59211 |
| (a) For each standard room type category shown below, the | 59212 |
| subsidy-eligible net assignable square feet (NASF) for each campus | 59213 |
| shall be multiplied by the following rates, and the amounts summed | 59214 |
| for each campus to determine the total gross square-foot-based POM | 59215 |
| expenditure requirement: | 59216 |
| FY 2006 | FY 2007 | 59217 | ||
| Classrooms | $5.86 | $5.86 | 59218 | |
| Laboratories | $7.31 | $7.31 | 59219 | |
| Offices | $5.86 | $5.86 | 59220 | |
| Audio Visual Data Processing | $7.31 | $7.31 | 59221 | |
| Storage | $2.59 | $2.59 | 59222 | |
| Circulation | $7.39 | $7.39 | 59223 | |
| Other | $5.86 | $5.86 | 59224 |
| (b) The total gross square-foot POM expenditure requirement | 59225 |
| shall be allocated to models in proportion to each campus's | 59226 |
| activity-based POM weight multiplied by the two- or five-year | 59227 |
| average subsidy-eligible FTEs for all models. | 59228 |
| (c) The amounts allocated to models in division (B)(1)(b) of | 59229 |
| this section shall be multiplied by the ratio of subsidy-eligible | 59230 |
| FTE students to total FTE students reported in each model, and the | 59231 |
| amounts summed for all models. To this total amount shall be added | 59232 |
| an amount to support roads and grounds expenditures, which shall | 59233 |
| also be multiplied by the ratio of subsidy-eligible FTE students | 59234 |
| to total FTEs reported for each model. From this total amount, the | 59235 |
| amounts for Doctoral I and Doctoral II shall be subtracted to | 59236 |
| produce the square-foot-based POM subsidy. | 59237 |
| (2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY | 59238 |
| (a) The number of subsidy-eligible FTE students in each model | 59239 |
| shall be multiplied by the following rates for each campus for | 59240 |
| each fiscal year. | 59241 |
| FY 2006 | FY 2007 | 59242 | ||
| General Studies I | $ 512 | $ 512 | 59243 | |
| General Studies II | $ 662 | $ 662 | 59244 | |
| General Studies III | $1,464 | $1,464 | 59245 | |
| Technical I | $ 752 | $ 752 | 59246 | |
| Technical III | $1,343 | $1,343 | 59247 | |
| Baccalaureate I | $ 639 | $ 639 | 59248 | |
| Baccalaureate II | $1,149 | $1,149 | 59249 | |
| Baccalaureate III | $1,262 | $1,262 | 59250 | |
| Masters and Professional I | $1,258 | $1,258 | 59251 | |
| Masters and Professional II | $2,446 | $2,446 | 59252 | |
| Masters and Professional III | $3,276 | $3,276 | 59253 | |
| Medical I | $1,967 | $1,967 | 59254 | |
| Medical II | $3,908 | $3,908 | 59255 | |
| MPD I | $1,081 | $1,081 | 59256 |
| (b) The sum of the products for each campus determined in | 59257 |
| division (B)(2)(a) of this section for all models except Doctoral | 59258 |
| I and Doctoral II for each fiscal year shall be weighted by a | 59259 |
| factor to reflect sponsored research activity and job | 59260 |
| training-related public services expenditures to determine the | 59261 |
| total activity-based POM subsidy. | 59262 |
| (C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS | 59263 |
| (1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS | 59264 |
| The calculation of the core subsidy entitlement shall consist | 59265 |
| of the following components: | 59266 |
| (a) For each campus and for each fiscal year, the core | 59267 |
| subsidy entitlement shall be determined by multiplying the amounts | 59268 |
| listed above in divisions (A)(1) and (2) and (B)(2) of this | 59269 |
| section less assumed local contributions, by (i) average | 59270 |
| subsidy-eligible FTEs for the two-year period ending in the prior | 59271 |
| year for all models except Doctoral I and Doctoral II; and (ii) | 59272 |
| average subsidy-eligible FTEs for the five-year period ending in | 59273 |
| the prior year for all models except Doctoral I and Doctoral II. | 59274 |
| (b) In calculating the core subsidy entitlements for Medical | 59275 |
| II models only, the Board of Regents shall use the following count | 59276 |
| of FTE students: | 59277 |
| (i) For those medical schools whose current year enrollment, | 59278 |
| including students repeating terms, is below the base enrollment, | 59279 |
| the Medical II FTE enrollment shall equal: 65 per cent of the base | 59280 |
| enrollment plus 35 per cent of the current year enrollment | 59281 |
| including students repeating terms, where the base enrollment is: | 59282 |
| The Ohio State University | 1010 | 59283 | |||
| University of Cincinnati | 833 | 59284 | |||
| Medical College of Ohio at Toledo | 650 | 59285 | |||
| Wright State University | 433 | 59286 | |||
| Ohio University | 433 | 59287 | |||
| Northeastern Ohio Universities College of Medicine | 433 | 59288 |
| (ii) For those medical schools whose current year enrollment, | 59289 |
| excluding students repeating terms, is equal to or greater than | 59290 |
| the base enrollment, the Medical II FTE enrollment shall equal the | 59291 |
| base enrollment plus the FTE for repeating students. | 59292 |
| (iii) Students repeating terms may be no more than five per | 59293 |
| cent of current year enrollment. | 59294 |
| (c) The Board of Regents shall compute the sum of the two | 59295 |
| calculations listed in division (C)(1)(a) of this section and use | 59296 |
| the greater sum as the core subsidy entitlement. | 59297 |
| The POM subsidy for each campus shall equal the greater of | 59298 |
| the square-foot-based subsidy or the activity-based POM subsidy | 59299 |
| component of the core subsidy entitlement. | 59300 |
| (d) The state share of instruction provided for doctoral | 59301 |
| students shall be based on a fixed percentage of the total | 59302 |
| appropriation. In each fiscal year of the biennium not more than | 59303 |
| 10.34 per cent of the total state share of instruction shall be | 59304 |
| reserved to implement the recommendations of the Graduate Funding | 59305 |
| Commission. It is the intent of the General Assembly that the | 59306 |
| doctoral reserve not exceed 10.34 per cent of the total state | 59307 |
| share of instruction to implement the recommendations of the | 59308 |
| Graduate Funding Commission. The Board of Regents may reallocate | 59309 |
| up to two per cent in each fiscal year of the reserve among the | 59310 |
| state-assisted universities on the basis of a quality review as | 59311 |
| specified in the recommendations of the Graduate Funding | 59312 |
| Commission. No such reallocation shall occur unless the Board of | 59313 |
| Regents, in consultation with representatives of state-assisted | 59314 |
| universities, determines that sufficient funds are available for | 59315 |
| this purpose. | 59316 |
| The amount so reserved shall be allocated to universities in | 59317 |
| proportion to their share of the total number of Doctoral I | 59318 |
| equivalent FTEs as calculated on an institutional basis using the | 59319 |
| greater of the two-year or five-year FTEs for the period fiscal | 59320 |
| year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 59321 |
| years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 59322 |
| adjusted to reflect the effects of doctoral review and subsequent | 59323 |
| changes in Doctoral I equivalent enrollments. For the purposes of | 59324 |
| this calculation, Doctoral I equivalent FTEs shall equal the sum | 59325 |
| of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs. | 59326 |
| If a university participates in the Innovation Incentive | 59327 |
| Program outlined in appropriation item 235-433, Economic Growth | 59328 |
| Challenge, then the Board of Regents shall withhold 1.5 per cent | 59329 |
| in fiscal year 2006 and three per cent in fiscal year 2007 of the | 59330 |
| participating university's allocation of the doctoral reserve. | 59331 |
| This withholding shall continue to occur incrementally with a goal | 59332 |
| of setting aside 15 per cent of the total doctoral reserve by | 59333 |
| fiscal year 2016. | 59334 |
| The Board of Regents shall use the combined amount of each | 59335 |
| participating university's set aside of the doctoral reserve that | 59336 |
| has been withheld and the state matching funds earmarked under | 59337 |
| appropriation item 235-433, Economic Growth Challenge, to make | 59338 |
| awards through a competitive process under the Innovation | 59339 |
| Incentive Program. Only universities electing to set aside the | 59340 |
| prescribed amount of their allocation of the doctoral reserve are | 59341 |
| eligible to compete for and receive Innovation Incentive awards. | 59342 |
| The participating universities shall use these awards to | 59343 |
| restructure their array of doctoral programs. | 59344 |
| (2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS | 59345 |
| In addition to and after the other adjustment noted above, in | 59346 |
| each fiscal year, no campus shall receive a state share of | 59347 |
| instruction allocation that is less than 95 per cent of the prior | 59348 |
| year's state share of instruction amount. | 59349 |
| (3) REDUCTIONS IN EARNINGS | 59350 |
| If the total state share of instruction earnings in any | 59351 |
| fiscal year exceed the total appropriations available for such | 59352 |
| purposes, the Board of Regents shall proportionately reduce the | 59353 |
| state share of instruction earnings for all campuses by a uniform | 59354 |
| percentage so that the system wide sum equals available | 59355 |
| appropriations. | 59356 |
| (4) CAPITAL COMPONENT DEDUCTION | 59357 |
| After all other adjustments have been made, state share of | 59358 |
| instruction earnings shall be reduced for each campus by the | 59359 |
| amount, if any, by which debt service charged in Am. H.B. No. 748 | 59360 |
| of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd | 59361 |
| General Assembly, Am. H.B. No. 640 of the 123rd General Assembly, | 59362 |
| and H.B. No. 675 of the 124th General Assembly, and Am. Sub. H.B. | 59363 |
| 16 of the 126th General Assembly for that campus exceeds that | 59364 |
| campus's capital component earnings. The sum of the amounts | 59365 |
| deducted shall be transferred to appropriation item 235-552, | 59366 |
| Capital Component, in each fiscal year. | 59367 |
| (D) EXCEPTIONAL CIRCUMSTANCES | 59368 |
| Adjustments may be made to the state share of instruction | 59369 |
| payments and other subsidies distributed by the Board of Regents | 59370 |
| to state-assisted colleges and universities for exceptional | 59371 |
| circumstances. No adjustments for exceptional circumstances may be | 59372 |
| made without the recommendation of the Chancellor and the approval | 59373 |
| of the Controlling Board. | 59374 |
| (E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 59375 |
| INSTRUCTION | 59376 |
| The standard provisions of the state share of instruction | 59377 |
| calculation as described in the preceding sections of temporary | 59378 |
| law shall apply to any reductions made to appropriation item | 59379 |
| 235-501, State Share of Instruction, before the Board of Regents | 59380 |
| has formally approved the final allocation of the state share of | 59381 |
| instruction funds for any fiscal year. | 59382 |
| Any reductions made to appropriation item 235-501, State | 59383 |
| Share of Instruction, after the Board of Regents has formally | 59384 |
| approved the final allocation of the state share of instruction | 59385 |
| funds for any fiscal year, shall be uniformly applied to each | 59386 |
| campus in proportion to its share of the final allocation. | 59387 |
| (F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 59388 |
| The state share of instruction payments to the institutions | 59389 |
| shall be in substantially equal monthly amounts during the fiscal | 59390 |
| year, unless otherwise determined by the Director of Budget and | 59391 |
| Management pursuant to section 126.09 of the Revised Code. | 59392 |
| Payments during the first six months of the fiscal year shall be | 59393 |
| based upon the state share of instruction appropriation estimates | 59394 |
| made for the various institutions of higher education according to | 59395 |
| Board of Regents enrollment estimates. Payments during the last | 59396 |
| six months of the fiscal year shall be distributed after approval | 59397 |
| of the Controlling Board upon the request of the Board of Regents. | 59398 |
| (G) LAW SCHOOL SUBSIDY | 59399 |
| The state share of instruction to state-supported | 59400 |
| universities for students enrolled in law schools in fiscal year | 59401 |
| 2006 and fiscal year 2007 shall be calculated by using the number | 59402 |
| of subsidy-eligible FTE law school students funded by state | 59403 |
| subsidy in fiscal year 1995 or the actual number of | 59404 |
| subsidy-eligible FTE law school students at the institution in the | 59405 |
| fiscal year, whichever is less. | 59406 |
| Section 209.63.60. HIGHER EDUCATION - BOARD OF TRUSTEES | 59407 |
| Funds appropriated for instructional subsidies at colleges | 59408 |
| and universities may be used to provide such branch or other | 59409 |
| off-campus undergraduate courses of study and such master's degree | 59410 |
| courses of study as may be approved by the Board of Regents. | 59411 |
| In providing instructional and other services to students, | 59412 |
| boards of trustees of state-assisted institutions of higher | 59413 |
| education shall supplement state subsidies by income from charges | 59414 |
| to students. Each board shall establish the fees to be charged to | 59415 |
| all students, including an instructional fee for educational and | 59416 |
| associated operational support of the institution and a general | 59417 |
| fee for noninstructional services, including locally financed | 59418 |
| student services facilities used for the benefit of enrolled | 59419 |
| students. The instructional fee and the general fee shall | 59420 |
| encompass all charges for services assessed uniformly to all | 59421 |
| enrolled students. Each board may also establish special purpose | 59422 |
| fees, service charges, and fines as required; such special purpose | 59423 |
| fees and service charges shall be for services or benefits | 59424 |
| furnished individual students or specific categories of students | 59425 |
| and shall not be applied uniformly to all enrolled students. | 59426 |
| Except for the board of trustees of Miami University, in | 59427 |
| implementing the pilot tuition restructuring plan recognized in | 59428 |
| Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly | 59429 |
| and again recognized by this act, a tuition surcharge shall be | 59430 |
| paid by all students who are not residents of Ohio. | 59431 |
| The boards of trustees of individual state-assisted | 59432 |
| universities, university branch campuses, community colleges, | 59433 |
| state community colleges, and technical colleges shall limit | 59434 |
| in-state undergraduate instructional and general fee increases for | 59435 |
| an academic year over the amounts charged in the prior academic | 59436 |
| year to no more than six per cent. The boards of trustees of | 59437 |
| individual state-assisted universities, university branch | 59438 |
| campuses, community colleges, state community colleges, and | 59439 |
| technical colleges shall not authorize combined instructional and | 59440 |
| general fee increases of more than six per cent in a single vote. | 59441 |
| The boards of trustees of individual state-assisted universities, | 59442 |
| university branch campuses, community colleges, state community | 59443 |
| colleges, and technical colleges may authorize an additional three | 59444 |
| per cent increase in in-state undergraduate instructional and | 59445 |
| general fees in a separate vote. The additional increase shall be | 59446 |
| used only for providing scholarships to low-income students, to be | 59447 |
| known as Access Scholarship Grants. These fee increase limitations | 59448 |
| apply even if an institutional board of trustees has, prior to the | 59449 |
| effective date of this section, voted to assess a higher fee for | 59450 |
| the 2005-2006 academic year. Prior to a Board of Trustees vote for | 59451 |
| an additional increase, the individual state-assisted | 59452 |
| universities, university branch campuses, community colleges, | 59453 |
| state community colleges, and technical colleges shall submit to | 59454 |
| the Board of Regents a financial aid report disclosing all types | 59455 |
| of need-based financial aid and merit-based financial aid provided | 59456 |
| to students through all types of institutional aid in the prior | 59457 |
| academic year. Additionally, the report shall include descriptions | 59458 |
| of the various aid programs, criteria used for selection, | 59459 |
| recipient statistics by award type, and actual scholarship | 59460 |
| amounts. The report shall include a plan describing how additional | 59461 |
| funds raised through an increase of in-state undergraduate | 59462 |
| instructional and general fees beyond the six per cent fee | 59463 |
| increase limitation will be used in addition to current | 59464 |
| institutional dollars committed to financial aid and outlined | 59465 |
| performance measures. At the end of each academic year, the | 59466 |
| campuses where Boards of Trustees have approved in-state | 59467 |
| undergraduate instructional and general fees beyond six per cent | 59468 |
| shall report to the Board of Regents regarding their performance | 59469 |
| in meeting outlined goals in their submitted financial aid plans. | 59470 |
| These limitations shall not apply to increases required to comply | 59471 |
| with institutional covenants related to their obligations or to | 59472 |
| meet unfunded legal mandates or legally binding obligations | 59473 |
| incurred or commitments made prior to the effective date of this | 59474 |
| section with respect to which the institution had identified such | 59475 |
| fee increases as the source of funds. Any increase required by | 59476 |
| such covenants and any such mandates, obligations, or commitments | 59477 |
| shall be reported by the Board of Regents to the Controlling | 59478 |
| Board. These limitations may also be modified by the Board of | 59479 |
| Regents, with the approval of the Controlling Board, to respond to | 59480 |
| exceptional circumstances as identified by the Board of Regents. | 59481 |
| The board of trustees of a state-assisted institution of | 59482 |
| higher education shall not authorize a waiver or nonpayment of | 59483 |
| instructional fees or general fees for any particular student or | 59484 |
| any class of students other than waivers specifically authorized | 59485 |
| by law or approved by the Chancellor. This prohibition is not | 59486 |
| intended to limit the authority of boards of trustees to provide | 59487 |
| for payments to students for services rendered the institution, | 59488 |
| nor to prohibit the budgeting of income for staff benefits or for | 59489 |
| student assistance in the form of payment of such instructional | 59490 |
| and general fees. This prohibition is not intended to limit the | 59491 |
| authority of the board of trustees of Miami University in | 59492 |
| providing financial assistance to students in implementing the | 59493 |
| pilot tuition restructuring plan recognized in Section 89.05 of | 59494 |
| Am. Sub. H.B. 95 of the 125th General Assembly and again | 59495 |
| recognized by this act. | 59496 |
| Except for Miami University, in implementing the pilot | 59497 |
| tuition restructuring plan recognized in Section 89.05 of Am. Sub. | 59498 |
| H.B. 95 of the 125th General Assembly and again recognized by this | 59499 |
| act, each state-assisted institution of higher education in its | 59500 |
| statement of charges to students shall separately identify the | 59501 |
| instructional fee, the general fee, the tuition charge, and the | 59502 |
| tuition surcharge. Fee charges to students for instruction shall | 59503 |
| not be considered to be a price of service but shall be considered | 59504 |
| to be an integral part of the state government financing program | 59505 |
| in support of higher educational opportunity for students. | 59506 |
| In providing the appropriations in support of instructional | 59507 |
| services at state-assisted institutions of higher education and | 59508 |
| the appropriations for other instruction it is the intent of the | 59509 |
| General Assembly that faculty members shall devote a proper and | 59510 |
| judicious part of their work week to the actual instruction of | 59511 |
| students. Total class credit hours of production per quarter per | 59512 |
| full-time faculty member is expected to meet the standards set | 59513 |
| forth in the budget data submitted by the Board of Regents. | 59514 |
| The authority of government vested by law in the boards of | 59515 |
| trustees of state-assisted institutions of higher education shall | 59516 |
| in fact be exercised by those boards. Boards of trustees may | 59517 |
| consult extensively with appropriate student and faculty groups. | 59518 |
| Administrative decisions about the utilization of available | 59519 |
| resources, about organizational structure, about disciplinary | 59520 |
| procedure, about the operation and staffing of all auxiliary | 59521 |
| facilities, and about administrative personnel shall be the | 59522 |
| exclusive prerogative of boards of trustees. Any delegation of | 59523 |
| authority by a board of trustees in other areas of responsibility | 59524 |
| shall be accompanied by appropriate standards of guidance | 59525 |
| concerning expected objectives in the exercise of such delegated | 59526 |
| authority and shall be accompanied by periodic review of the | 59527 |
| exercise of this delegated authority to the end that the public | 59528 |
| interest, in contrast to any institutional or special interest, | 59529 |
| shall be served. | 59530 |
| Section 209.63.63. STUDENT SUPPORT SERVICES | 59531 |
| The foregoing appropriation item 235-502, Student Support | 59532 |
| Services, shall be distributed by the Board of Regents to Ohio's | 59533 |
| state-assisted colleges and universities that incur | 59534 |
| disproportionate costs in the provision of support services to | 59535 |
| disabled students. | 59536 |
| Section 209.63.66. OHIO INSTRUCTIONAL GRANTS | 59537 |
| In fiscal year 2006, instructional grants for all eligible | 59538 |
| full-time students shall be made using the tables under section | 59539 |
| 3333.12 of the Revised Code. In fiscal year 2007, instructional | 59540 |
| grants for all eligible full-time students who have attended a | 59541 |
| college, university, or proprietary school and have completed | 59542 |
| coursework for college credit, excluding early college high school | 59543 |
| and post secondary enrollment option students, prior to academic | 59544 |
| year 2006-2007, shall be made using the tables under section | 59545 |
| 3333.12 of the Revised Code. | 59546 |
| Of the foregoing appropriation item 235-503, Ohio | 59547 |
| Instructional Grants, an amount in each fiscal year shall be used | 59548 |
| to make the payments authorized by division (C) of section 3333.26 | 59549 |
| of the Revised Code to the institutions described in that | 59550 |
| division. In addition, an amount in each fiscal year shall be used | 59551 |
| to reimburse the institutions described in division (B) of section | 59552 |
| 3333.26 of the Revised Code for the cost of the waivers required | 59553 |
| by that division. | 59554 |
| The unencumbered balance of appropriation item 235-503, Ohio | 59555 |
| Instructional Grants, at the end of fiscal year 2006 shall be | 59556 |
| transferred to fiscal year 2007 for use under the same | 59557 |
| appropriation item. The amounts transferred are hereby | 59558 |
| appropriated. | 59559 |
| Section 209.63.69. WAR ORPHANS SCHOLARSHIPS | 59560 |
| The foregoing appropriation item 235-504, War Orphans | 59561 |
| Scholarships, shall be used to reimburse state-assisted | 59562 |
| institutions of higher education for waivers of instructional fees | 59563 |
| and general fees provided by them, to provide grants to | 59564 |
| institutions that have received a certificate of authorization | 59565 |
| from the Ohio Board of Regents under Chapter 1713. of the Revised | 59566 |
| Code, in accordance with the provisions of section 5910.04 of the | 59567 |
| Revised Code, and to fund additional scholarship benefits provided | 59568 |
| by section 5910.032 of the Revised Code. | 59569 |
| Section 209.63.72. OHIOLINK | 59570 |
| The foregoing appropriation item 235-507, OhioLINK, shall be | 59571 |
| used by the Board of Regents to support OhioLINK, the state's | 59572 |
| electronic library information and retrieval system, which | 59573 |
| provides access statewide to the library holdings of all of Ohio's | 59574 |
| public colleges and universities, 40 private colleges, and the | 59575 |
| State Library of Ohio. | 59576 |
| Section 209.63.75. AIR FORCE INSTITUTE OF TECHNOLOGY | 59577 |
| The foregoing appropriation item 235-508, Air Force Institute | 59578 |
| of Technology, shall be used to strengthen the research and | 59579 |
| educational linkages between the Wright Patterson Air Force Base | 59580 |
| and institutions of higher education in Ohio. Of the foregoing | 59581 |
| appropriation item 235-508, Air Force Institute of Technology, | 59582 |
| $1,233,588 in each fiscal year shall be used for research projects | 59583 |
| that connect the Air Force Research Laboratories with university | 59584 |
| partners. The institute shall provide annual reports to the Third | 59585 |
| Frontier Commission, that discuss existing, planned, or possible | 59586 |
| collaborations between programs and funding recipients related to | 59587 |
| technology, research development, commercialization, and support | 59588 |
| for Ohio's economic development. | 59589 |
| Of the foregoing appropriation item 235-508, Air Force | 59590 |
| Institute of Technology, $446,952 in each fiscal year shall be | 59591 |
| used by the University of Dayton to establish and support a chair | 59592 |
| in Nano Technology in support of the Wright Brothers Institute | 59593 |
| through the Miami Valley Economic Development Research | 59594 |
| Corporation. | 59595 |
| Of the foregoing appropriation item 235-508, Air Force | 59596 |
| Institute of Technology, $244,805 in each fiscal year shall be | 59597 |
| used by the Miami Valley Economic Development Research Corporation | 59598 |
| to support collaborative research between academia, industry, and | 59599 |
| the Air Force for the Wright Brothers Institute and related | 59600 |
| initiatives in nanomaterials and advanced data management and | 59601 |
| analysis or other technology projects as determined by the Miami | 59602 |
| Valley Economic Development Research Corporation. | 59603 |
| Section 209.63.78. OHIO SUPERCOMPUTER CENTER | 59604 |
| The foregoing appropriation item 235-510, Ohio Supercomputer | 59605 |
| Center, shall be used by the Board of Regents to support the | 59606 |
| operation of the center, located at The Ohio State University, as | 59607 |
| a statewide resource available to Ohio research universities both | 59608 |
| public and private. It is also intended that the center be made | 59609 |
| accessible to private industry as appropriate. Policies of the | 59610 |
| center shall be established by a governance committee, | 59611 |
| representative of Ohio's research universities and private | 59612 |
| industry, to be appointed by the Chancellor of the Board of | 59613 |
| Regents and established for this purpose. | 59614 |
| The Ohio Supercomputer Center shall report on expanding | 59615 |
| solutions-oriented, computational science services to industrial | 59616 |
| and other customers, including alignment programs and recipients, | 59617 |
| and develop a plan for a computational science initiative in | 59618 |
| collaboration with the Wright Centers of Innovation Program. | 59619 |
| Section 209.63.81. COOPERATIVE EXTENSION SERVICE | 59620 |
| The foregoing appropriation item 235-511, Cooperative | 59621 |
| Extension Service, shall be disbursed through the Board of Regents | 59622 |
| to The Ohio State University in monthly payments, unless otherwise | 59623 |
| determined by the Director of Budget and Management under section | 59624 |
| 126.09 of the Revised Code. | 59625 |
| Of the foregoing appropriation item 235-511, Cooperative | 59626 |
| Extension Service, $178,271 in each fiscal year shall be used for | 59627 |
| additional staffing for county agents for expanded 4-H activities. | 59628 |
| Of the foregoing appropriation item 235-511, Cooperative Extension | 59629 |
| Service, $178,271 in each fiscal year shall be used by the | 59630 |
| Cooperative Extension Service, through the Enterprise Center for | 59631 |
| Economic Development in cooperation with other agencies, for a | 59632 |
| public-private effort to create and operate a small business | 59633 |
| economic development program to enhance the development of | 59634 |
| alternatives to the growing of tobacco, and implement, through | 59635 |
| applied research and demonstration, the production and marketing | 59636 |
| of other high-value crops and value-added products. Of the | 59637 |
| foregoing appropriation item 235-511, Cooperative Extension | 59638 |
| Service, $55,179 in each fiscal year shall be used for farm labor | 59639 |
| mediation and education programs, $182,515 in each fiscal year | 59640 |
| shall be used to support the Ohio State University Marion | 59641 |
| Enterprise Center, and $772,931 in each fiscal year shall be used | 59642 |
| to support the Ohio Watersheds Initiative. | 59643 |
| Section 209.63.84. OHIO UNIVERSITY VOINOVICH CENTER | 59644 |
| The foregoing appropriation item 235-513, Ohio University | 59645 |
| Voinovich Center, shall be used by the Board of Regents to support | 59646 |
| the operations of Ohio University's Voinovich Center. | 59647 |
| Section 209.63.87. CENTRAL STATE SUPPLEMENT | 59648 |
| The foregoing appropriation item 235-514, Central State | 59649 |
| Supplement, shall be used by Central State University to keep | 59650 |
| undergraduate fees below the statewide average, consistent with | 59651 |
| its mission of service to many first-generation college students | 59652 |
| from groups historically underrepresented in higher education and | 59653 |
| from families with limited incomes. | 59654 |
| Section 209.63.90. PERFORMANCE STANDARDS FOR MEDICAL | 59655 |
| EDUCATION | 59656 |
| The Board of Regents, in consultation with the state-assisted | 59657 |
| medical colleges, shall develop performance standards for medical | 59658 |
| education. Special emphasis in the standards shall be placed on | 59659 |
| attempting to ensure that at least 50 per cent of the aggregate | 59660 |
| number of students enrolled in state-assisted medical colleges | 59661 |
| continue to enter residency as primary care physicians. Primary | 59662 |
| care physicians are general family practice physicians, general | 59663 |
| internal medicine practitioners, and general pediatric care | 59664 |
| physicians. The Board of Regents shall monitor medical school | 59665 |
| performance in relation to their plans for reaching the 50 per | 59666 |
| cent systemwide standard for primary care physicians. | 59667 |
| Section 209.63.93. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 59668 |
| MEDICINE | 59669 |
| The foregoing appropriation item 235-515, Case Western | 59670 |
| Reserve University School of Medicine, shall be disbursed to Case | 59671 |
| Western Reserve University through the Board of Regents in | 59672 |
| accordance with agreements entered into under section 3333.10 of | 59673 |
| the Revised Code, provided that the state support per full-time | 59674 |
| medical student shall not exceed that provided to full-time | 59675 |
| medical students at state universities. | 59676 |
| Section 209.63.96. SHAWNEE STATE SUPPLEMENT | 59677 |
| The foregoing appropriation item 235-520, Shawnee State | 59678 |
| Supplement, shall be used by Shawnee State University as detailed | 59679 |
| by both of the following: | 59680 |
| (A) To allow Shawnee State University to keep its | 59681 |
| undergraduate fees below the statewide average, consistent with | 59682 |
| its mission of service to an economically depressed Appalachian | 59683 |
| region; | 59684 |
| (B) To allow Shawnee State University to employ new faculty | 59685 |
| to develop and teach in new degree programs that meet the needs of | 59686 |
| Appalachians. | 59687 |
| Section 209.63.99. OSU GLENN INSTITUTE | 59688 |
| The foregoing appropriation item 235-521, The Ohio State | 59689 |
| University Glenn Institute, shall be used by the Board of Regents | 59690 |
| to support the operations of the Ohio State University's Glenn | 59691 |
| Institute. | 59692 |
| Section 209.64.03. POLICE AND FIRE PROTECTION | 59693 |
| The foregoing appropriation item 235-524, Police and Fire | 59694 |
| Protection, shall be used for police and fire services in the | 59695 |
| municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 59696 |
| Portsmouth, Xenia Township (Greene County), Rootstown Township, | 59697 |
| and the City of Nelsonville that may be used to assist these local | 59698 |
| governments in providing police and fire protection for the | 59699 |
| central campus of the state-affiliated university located therein. | 59700 |
| Each participating municipality and township shall receive at | 59701 |
| least $5,000 each year. Funds shall be distributed according to | 59702 |
| the method employed by the Board of Regents in the previous | 59703 |
| biennium. | 59704 |
| Section 209.64.06. GERIATRIC MEDICINE | 59705 |
| The Board of Regents shall develop plans consistent with | 59706 |
| existing criteria and guidelines as may be required for the | 59707 |
| distribution of appropriation item 235-525, Geriatric Medicine. | 59708 |
| Section 209.64.09. OHIO AEROSPACE INSTITUTE | 59709 |
| The foregoing appropriation item 235-527, Ohio Aerospace | 59710 |
| Institute, shall be distributed by the Board of Regents under | 59711 |
| section 3333.042 of the Revised Code. | 59712 |
| The Board of Regents, in consultation with the Third Frontier | 59713 |
| Commission, shall develop a plan for providing for appropriate, | 59714 |
| value-added participation of the Ohio Aerospace Institute in Third | 59715 |
| Frontier Project proposals and grants. | 59716 |
| Section 209.64.12. ACADEMIC SCHOLARSHIPS | 59717 |
| The foregoing appropriation item 235-530, Academic | 59718 |
| Scholarships, shall be used to provide academic scholarships to | 59719 |
| students under section 3333.22 of the Revised Code. | 59720 |
| Section 209.64.15. STUDENT CHOICE GRANTS | 59721 |
| The foregoing appropriation item 235-531, Student Choice | 59722 |
| Grants, shall be used to support the Student Choice Grant Program | 59723 |
| created by section 3333.27 of the Revised Code. The unencumbered | 59724 |
| balance of appropriation item 235-531, Student Choice Grants, at | 59725 |
| the end of fiscal year 2006 shall be transferred to fiscal year | 59726 |
| 2007 for use under the same appropriation item to maintain grant | 59727 |
| award amounts in fiscal year 2007 equal to the awards provided in | 59728 |
| fiscal year 2006. The amounts transferred are hereby appropriated. | 59729 |
| Section 209.64.18. STUDENT WORKFORCE DEVELOPMENT GRANTS | 59730 |
| The foregoing appropriation item 235-534, Student Workforce | 59731 |
| Development Grants, shall be used to support the Student Workforce | 59732 |
| Development Grant Program. The Board of Regents shall distribute | 59733 |
| grants to each eligible student in an academic year. The size of | 59734 |
| each grant award shall be determined by the Board of Regents based | 59735 |
| on the amount of funds available for the program. | 59736 |
| Section 209.64.21. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT | 59737 |
| CENTER | 59738 |
| The foregoing appropriation item 235-535, Ohio Agricultural | 59739 |
| Research and Development Center, shall be disbursed through the | 59740 |
| Board of Regents to The Ohio State University in monthly payments, | 59741 |
| unless otherwise determined by the Director of Budget and | 59742 |
| Management under section 126.09 of the Revised Code. The Ohio | 59743 |
| Agricultural Research and Development Center shall not be required | 59744 |
| to remit payment to The Ohio State University during the biennium | 59745 |
| ending June 30, 2007, for cost reallocation assessments. The cost | 59746 |
| reallocation assessments include, but are not limited to, any | 59747 |
| assessment on state appropriations to the Center. | 59748 |
| The Ohio Agricultural Research and Development Center, an | 59749 |
| entity of the College of Food, Agricultural, and Environmental | 59750 |
| Sciences of The Ohio State University, shall further its mission | 59751 |
| of enhancing Ohio's economic development and job creation by | 59752 |
| continuing to internally allocate on a competitive basis | 59753 |
| appropriated funding of programs based on demonstrated | 59754 |
| performance. Academic units, faculty, and faculty-driven programs | 59755 |
| shall be evaluated and rewarded consistent with agreed-upon | 59756 |
| performance expectations as called for in the College's | 59757 |
| Expectations and Criteria for Performance Assessment. | 59758 |
| Of the foregoing appropriation item 235-535, Ohio | 59759 |
| Agricultural Research and Development Center, $458,410 in each | 59760 |
| fiscal year shall be used to purchase equipment. | 59761 |
| Of the foregoing appropriation item 235-535, Ohio | 59762 |
| Agricultural Research and Development Center, $806,463 in each | 59763 |
| fiscal year shall be distributed to the Piketon Agricultural | 59764 |
| Research and Extension Center. | 59765 |
| Of the foregoing appropriation item 235-535, Ohio | 59766 |
| Agricultural Research and Development Center, $212,227 in each | 59767 |
| fiscal year shall be distributed to the | 59768 |
| Raspberry/Strawberry-Ellagic Acid Research program at The Ohio | 59769 |
| State University Medical College in cooperation with The Ohio | 59770 |
| State University College of Agriculture. | 59771 |
| Of the foregoing appropriation item 235-535, Ohio | 59772 |
| Agricultural Research and Development Center, $42,445 in each | 59773 |
| fiscal year shall be used to support the Ohio Berry Administrator. | 59774 |
| Of the foregoing appropriation item 235-535, Ohio | 59775 |
| Agricultural Research and Development Center, $84,890 in each | 59776 |
| fiscal year shall be used for the development of agricultural | 59777 |
| crops and products not currently in widespread production in Ohio, | 59778 |
| in order to increase the income and viability of family farmers. | 59779 |
| Section 209.64.24. PART-TIME STUDENT INSTRUCTIONAL GRANTS | 59780 |
| The foregoing appropriation item 235-549, Part-time Student | 59781 |
| Instructional Grants, shall be used to support a grant program for | 59782 |
| part-time undergraduate students who are Ohio residents and who | 59783 |
| were enrolled in degree granting programs prior to academic year | 59784 |
| 2006-2007. | 59785 |
| Eligibility for participation in the program shall include | 59786 |
| degree granting educational institutions that hold a certificate | 59787 |
| of registration from the State Board of Career Colleges and | 59788 |
| Schools, and nonprofit institutions that have a certificate of | 59789 |
| authorization issued under Chapter 1713. of the Revised Code, as | 59790 |
| well as state-assisted colleges and universities. Grants shall be | 59791 |
| given to students on the basis of need, as determined by the | 59792 |
| college, which, in making these determinations, shall give special | 59793 |
| consideration to single-parent heads-of-household and displaced | 59794 |
| homemakers who enroll in an educational degree program that | 59795 |
| prepares the individual for a career. In determining need, the | 59796 |
| college also shall consider the availability of educational | 59797 |
| assistance from a student's employer. It is the intent of the | 59798 |
| General Assembly that these grants not supplant such assistance. | 59799 |
| Section 209.64.27. CAPITAL COMPONENT | 59800 |
| The foregoing appropriation item 235-552, Capital Component, | 59801 |
| shall be used by the Board of Regents to implement the capital | 59802 |
| funding policy for state-assisted colleges and universities | 59803 |
| established in Am. H.B. No. 748 of the 121st General Assembly. | 59804 |
| Appropriations from this item shall be distributed to all campuses | 59805 |
| for which the estimated campus debt service attributable to new | 59806 |
| qualifying capital projects is less than the campus's | 59807 |
| formula-determined capital component allocation. Campus | 59808 |
| allocations shall be determined by subtracting the estimated | 59809 |
| campus debt service attributable to new qualifying capital | 59810 |
| projects from the campus's formula-determined capital component | 59811 |
| allocation. Moneys distributed from this appropriation item shall | 59812 |
| be restricted to capital-related purposes. | 59813 |
| Any campus for which the estimated campus debt service | 59814 |
| attributable to qualifying capital projects is greater than the | 59815 |
| campus's formula-determined capital component allocation shall | 59816 |
| have the difference subtracted from its State Share of Instruction | 59817 |
| allocation in each fiscal year. The sum of all such amounts shall | 59818 |
| be transferred from appropriation item 235-501, State Share of | 59819 |
| Instruction, to appropriation item 235-552, Capital Component. | 59820 |
| Section 209.64.30. DAYTON AREA GRADUATE STUDIES INSTITUTE | 59821 |
| The foregoing appropriation item 235-553, Dayton Area | 59822 |
| Graduate Studies Institute, shall be used by the Board of Regents | 59823 |
| to support the Dayton Area Graduate Studies Institute, an | 59824 |
| engineering graduate consortium of three universities in the | 59825 |
| Dayton area: Wright State University, the University of Dayton, | 59826 |
| and the Air Force Institute of Technology, with the participation | 59827 |
| of the University of Cincinnati and The Ohio State University. | 59828 |
| Of the foregoing appropriation item 235-553, Dayton Area | 59829 |
| Graduate Studies Institute, $417,053 in each fiscal year shall be | 59830 |
| used by the Miami Valley Economic Development Research Corporation | 59831 |
| to support collaborative research between academia, industry, and | 59832 |
| the Air Force for the Wright Brothers Institute and related | 59833 |
| initiatives in nanomaterials and advanced data management and | 59834 |
| analysis. | 59835 |
| Section 209.64.33. PRIORITIES IN COLLABORATIVE GRADUATE | 59836 |
| EDUCATION | 59837 |
| The foregoing appropriation item 235-554, Priorities in | 59838 |
| Collaborative Graduate Education, shall be used by the Board of | 59839 |
| Regents to support improvements in graduate programs at | 59840 |
| state-assisted universities that the Board of Regents identifies | 59841 |
| as vital to the state's economic strategy. Up to $169,782 in each | 59842 |
| fiscal year shall be used to support collaborative efforts in | 59843 |
| graduate education in this program area. The collaborative program | 59844 |
| shall be coordinated by the Board of Regents. | 59845 |
| Section 209.64.36. OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 59846 |
| The foregoing appropriation item 235-556, Ohio Academic | 59847 |
| Resources Network, shall be used to support the operations of the | 59848 |
| Ohio Academic Resources Network, which shall include support for | 59849 |
| Ohio's state-assisted colleges and universities in maintaining and | 59850 |
| enhancing network connections. The network shall give priority to | 59851 |
| supporting the Third Frontier Network and allocating bandwidth to | 59852 |
| programs directly supporting Ohio's economic development. | 59853 |
| Section 209.64.39. LONG-TERM CARE RESEARCH | 59854 |
| The foregoing appropriation item 235-558, Long-term Care | 59855 |
| Research, shall be disbursed to Miami University for long-term | 59856 |
| care research. | 59857 |
| Section 209.64.42. CLINICAL TEACHING SUPPORT | 59858 |
| The foregoing appropriation item 235-560, Clinical Teaching | 59859 |
| Support, shall support clinical teaching at Ohio's state-assisted | 59860 |
| colleges of medicine. | 59861 |
| Of the forgoing appropriation item 235-560, Clinical Teaching | 59862 |
| Support, The Ohio State University shall receive $13,565,885 in | 59863 |
| fiscal year 2006; University of Cincinnati shall receive | 59864 |
| $11,157,756 in fiscal year 2006; Medical University of Ohio at | 59865 |
| Toledo shall receive $8,696,866 in fiscal year 2006; Wright State | 59866 |
| University shall receive $4,225,107 in fiscal year 2006 and | 59867 |
| $124,644 of this amount in fiscal year 2006 shall be for the use | 59868 |
| of Wright State University's Ellis Institute for Clinical Teaching | 59869 |
| Studies to operate the clinical facility to serve the Greater | 59870 |
| Dayton Area; Ohio University shall receive $4,084,540 in fiscal | 59871 |
| year 2006; and Northeastern Ohio Universities College of Medicine | 59872 |
| shall receive $4,200,945 in fiscal year 2006. These funds shall be | 59873 |
| distributed through the Board of Regents. | 59874 |
| The Board of Regents shall convene a group representing | 59875 |
| members of the higher education funding consultation and | 59876 |
| representatives of the state-assisted colleges of medicine to | 59877 |
| study and propose recommendations for a potential method to be | 59878 |
| used to allocate Clinical Teaching Support appropriations. | 59879 |
| Recommendations shall be submitted to the Office of Budget and | 59880 |
| Management for consideration by March 1, 2006. A new method, | 59881 |
| approved by the Office of Budget and Management, shall be | 59882 |
| implemented in fiscal year 2007 for distributing funds in | 59883 |
| appropriation item 235-560, Clinical Teaching Support. | 59884 |
| Section 209.64.45. BOWLING GREEN STATE UNIVERSITY CANADIAN | 59885 |
| STUDIES CENTER | 59886 |
| The foregoing appropriation item 235-561, Bowling Green State | 59887 |
| University Canadian Studies Center, shall be used by the Canadian | 59888 |
| Studies Center at Bowling Green State University to study | 59889 |
| opportunities for Ohio and Ohio businesses to benefit from the | 59890 |
| Free Trade Agreement between the United States and Canada. | 59891 |
| Section 209.64.48. FAMILY PRACTICE AND PRIMARY CARE | 59892 |
| RESIDENCIES | 59893 |
| The Board of Regents shall develop plans consistent with | 59894 |
| existing criteria and guidelines as may be required for the | 59895 |
| distribution of appropriation item 235-562, Family Practice and | 59896 |
| Primary Care Residencies. | 59897 |
| Of the foregoing appropriation item 235-562, Family Practice | 59898 |
| and Primary Care Residencies, $4,548,470 in each fiscal year shall | 59899 |
| be distributed to Family Practice programs. | 59900 |
| Of the foregoing appropriation item 235-562, Family Practice | 59901 |
| and Primary Care Residencies, $2,245,688 in each fiscal year shall | 59902 |
| be distributed to Primary Care Residencies, based on whether or | 59903 |
| not the institution has submitted and gained approval for a | 59904 |
| primary care residency plan. If the institution does not have an | 59905 |
| approved plan, it shall receive five per cent less funding per | 59906 |
| student than it would have received from its annual allocation. | 59907 |
| The remaining funding shall be distributed among those | 59908 |
| institutions that meet or exceed their targets. | 59909 |
| Section 209.64.51. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN | 59910 |
| The foregoing appropriation item 235-563, Ohio College | 59911 |
| Opportunity Grant, shall be used by the Board of Regents to begin | 59912 |
| to award needs-based financial aid to students based on the United | 59913 |
| States Department of Education's method of determining financial | 59914 |
| need. Beginning in fiscal year 2007, students who enrolled in a | 59915 |
| public, private, or proprietary post-secondary institution of | 59916 |
| higher education for the first time in academic year 2006-2007, | 59917 |
| excluding early college high school and post-secondary enrollment | 59918 |
| option participants, shall be eligible to receive aid based on | 59919 |
| their expected family contributions as calculated by the United | 59920 |
| State Department of Education, according to section 3333.122 of | 59921 |
| the Revised Code. | 59922 |
| Section 209.64.54. THE OHIO STATE UNIVERSITY CLINIC SUPPORT | 59923 |
| The foregoing appropriation item 235-572, The Ohio State | 59924 |
| University Clinic Support, shall be distributed through the Board | 59925 |
| of Regents to The Ohio State University for support of dental and | 59926 |
| veterinary medicine clinics. | 59927 |
| Section 209.64.57. URBAN UNIVERSITY PROGRAMS | 59928 |
| Universities receiving funds from the foregoing appropriation | 59929 |
| item 235-583, Urban University Programs, that are used to support | 59930 |
| an ongoing university unit shall certify periodically in a manner | 59931 |
| approved by the Board of Regents that program funds are being | 59932 |
| matched on a one-to-one basis with equivalent resources. Overhead | 59933 |
| support may not be used to meet this requirement. Where Urban | 59934 |
| University Program funds are being used to support an ongoing | 59935 |
| university unit, matching funds shall come from continuing rather | 59936 |
| than one-time sources. At each participating state-assisted | 59937 |
| institution of higher education, matching funds shall be within | 59938 |
| the substantial control of the individual designated by the | 59939 |
| institution's president as the Urban University Program | 59940 |
| representative. | 59941 |
| Of the foregoing appropriation item 235-583, Urban University | 59942 |
| Programs, $247,453 in each fiscal year shall be used to support a | 59943 |
| public communication outreach program (WCPN). The primary purpose | 59944 |
| of the program shall be to develop a relationship between | 59945 |
| Cleveland State University and nonprofit communications entities. | 59946 |
| Of the foregoing appropriation item 235-583, Urban University | 59947 |
| Programs, $117,215 in each fiscal year shall be used to support | 59948 |
| the Center for the Interdisciplinary Study of Education and the | 59949 |
| Urban Child at Cleveland State University. These funds shall be | 59950 |
| distributed according to rules adopted by the Board of Regents and | 59951 |
| shall be used by the center for interdisciplinary activities | 59952 |
| targeted toward increasing the chance of lifetime success of the | 59953 |
| urban child, including interventions beginning with the prenatal | 59954 |
| period. The primary purpose of the center is to study issues in | 59955 |
| urban education and to systematically map directions for new | 59956 |
| approaches and new solutions by bringing together a cadre of | 59957 |
| researchers, scholars, and professionals representing the social, | 59958 |
| behavioral, education, and health disciplines. | 59959 |
| Of the foregoing appropriation item 235-583, Urban University | 59960 |
| Programs, $169,310 in each fiscal year shall be used to support | 59961 |
| the Kent State University Learning and Technology Project. This | 59962 |
| project is a kindergarten through university collaboration between | 59963 |
| schools surrounding Kent State University's eight campuses in | 59964 |
| northeast Ohio and corporate partners who will assist in | 59965 |
| development and delivery. | 59966 |
| The Kent State University Project shall provide a faculty | 59967 |
| member who has a full-time role in the development of | 59968 |
| collaborative activities and teacher instructional programming | 59969 |
| between Kent State University and the K-12th grade schools that | 59970 |
| surround its eight campuses; appropriate student support staff to | 59971 |
| facilitate these programs and joint activities; and hardware and | 59972 |
| software to schools that will make possible the delivery of | 59973 |
| instruction to pre-service and in-service teachers, and their | 59974 |
| students, in their own classrooms or school buildings. This shall | 59975 |
| involve the delivery of low-bandwidth streaming video and | 59976 |
| web-based technologies in a distributed instructional model. | 59977 |
| Of the foregoing appropriation item 235-583, Urban University | 59978 |
| Programs, $65,119 in each fiscal year shall be used to support the | 59979 |
| Ameritech Classroom/Center for Research at Kent State University. | 59980 |
| Of the foregoing appropriation item 235-583, Urban University | 59981 |
| Programs, $651,192 in each fiscal year shall be used to support | 59982 |
| the Polymer Distance Learning Project at the University of Akron. | 59983 |
| Of the foregoing appropriation item 235-583, Urban University | 59984 |
| Programs, $32,560 in each fiscal year shall be distributed to the | 59985 |
| Kent State University/Cleveland Design Center program. | 59986 |
| Of the foregoing appropriation item 235-583, Urban University | 59987 |
| Programs, $162,797 in each fiscal year shall be used to support | 59988 |
| the Bliss Institute of Applied Politics at the University of | 59989 |
| Akron. | 59990 |
| Of the foregoing appropriation item 235-583, Urban University | 59991 |
| Programs, $9,766 in each fiscal year shall be used for the | 59992 |
| Advancing-Up Program at the University of Akron. | 59993 |
| Of the foregoing appropriation item 235-583, Urban University | 59994 |
| Programs, $1,433,037 in each fiscal year shall be distributed by | 59995 |
| the Board of Regents to Cleveland State University in support of | 59996 |
| the Maxine Goodman Levin College of Urban Affairs. | 59997 |
| Of the foregoing appropriation item 235-583, Urban University | 59998 |
| Programs, $1,433,037 in each fiscal year shall be distributed to | 59999 |
| the Northeast Ohio Research Consortium, the Urban Linkages | 60000 |
| Program, and the Urban Research Technical Assistance Grant | 60001 |
| Program. The distribution among the three programs shall be | 60002 |
| determined by the chair of the Urban University Program. | 60003 |
| Of the foregoing appropriation item 235-583, Urban University | 60004 |
| Programs, $139,777 in each fiscal year shall be used to support | 60005 |
| the Strategic Economic Research Collaborative at the University of | 60006 |
| Toledo Urban Affairs Center. | 60007 |
| Of the foregoing appropriation item 235-583, Urban University | 60008 |
| Programs, $139,777 in each fiscal year shall be used to support | 60009 |
| the Institute for Collaborative Research and Public Humanities at | 60010 |
| The Ohio State University. | 60011 |
| Of the foregoing appropriation item 235-583, Urban University | 60012 |
| Programs, $84,368 in each fiscal year shall be used to support the | 60013 |
| Medina County University Center. | 60014 |
| Section 209.64.60. RURAL UNIVERSITY PROJECTS | 60015 |
| Of the foregoing appropriation item 235-587, Rural University | 60016 |
| Projects, Bowling Green State University shall receive $237,405 in | 60017 |
| each fiscal year, Miami University shall receive $220,788 in each | 60018 |
| fiscal year, and Ohio University shall receive $517,513 in each | 60019 |
| fiscal year. These funds shall be used to support the Institute | 60020 |
| for Local Government Administration and Rural Development at Ohio | 60021 |
| University, the Center for Public Management and Regional Affairs | 60022 |
| at Miami University, and the Center for Policy Analysis and Public | 60023 |
| Service at Bowling Green State University. | 60024 |
| A small portion of the funds provided to Ohio University | 60025 |
| shall also be used for the Institute for Local Government | 60026 |
| Administration and Rural Development State and Rural Policy | 60027 |
| Partnership with the Governor's Office of Appalachia and the | 60028 |
| Appalachian delegation of the General Assembly. | 60029 |
| Of the foregoing appropriation item 235-587, Rural University | 60030 |
| Projects, $14,348 in each fiscal year shall be used to support the | 60031 |
| Washington State Community College day care center. | 60032 |
| Of the foregoing appropriation item 235-587, Rural University | 60033 |
| Projects, $43,046 in each fiscal year shall be used to support the | 60034 |
| COAD/ILGARD/GOA Appalachian Leadership Initiative. | 60035 |
| Section 209.64.63. HAZARDOUS MATERIALS PROGRAM | 60036 |
| The foregoing appropriation item 235-596, Hazardous Materials | 60037 |
| Program, shall be disbursed to Cleveland State University for the | 60038 |
| operation of a program to certify firefighters for the handling of | 60039 |
| hazardous materials. Training shall be available to all Ohio | 60040 |
| firefighters. | 60041 |
| Of the foregoing appropriation item 235-596, Hazardous | 60042 |
| Materials Program, $127,337 in each fiscal year shall be used to | 60043 |
| support the Center for the Interdisciplinary Study of Education | 60044 |
| and Leadership in Public Service at Cleveland State University. | 60045 |
| These funds shall be distributed by the Board of Regents and shall | 60046 |
| be used by the center targeted toward increasing the role of | 60047 |
| special populations in public service and not-for-profit | 60048 |
| organizations. The primary purpose of the center is to study | 60049 |
| issues in public service and to guide strategies for attracting | 60050 |
| new communities into public service occupations by bringing | 60051 |
| together a cadre of researchers, scholars, and professionals | 60052 |
| representing the public administration, social behavioral, and | 60053 |
| education disciplines. | 60054 |
| Section 209.64.66. NATIONAL GUARD SCHOLARSHIP PROGRAM | 60055 |
| The Board of Regents shall disburse funds from appropriation | 60056 |
| item 235-599, National Guard Scholarship Program, at the direction | 60057 |
| of the Adjutant General. The unencumbered balance of appropriation | 60058 |
| item 235-599, National Guard Scholarship Program, at the end of | 60059 |
| each fiscal year shall be transferred under section 5919.341 of | 60060 |
| the Revised Code to the National Guard Scholarship Reserve Fund | 60061 |
| (Fund 5BM) for use under appropriation item 235-623, National | 60062 |
| Guard Scholarship Reserve Fund. Upon the request of the Adjutant | 60063 |
| General, the Board of Regents shall seek Controlling Board | 60064 |
| approval to establish appropriations in item 235-623, National | 60065 |
| Guard Scholarship Reserve Fund. | 60066 |
| Section 209.64.69. * PLEDGE OF FEES | 60067 |
| Any new pledge of fees, or new agreement for adjustment of | 60068 |
| fees, made in the biennium ending June 30, 2007, to secure bonds | 60069 |
| or notes of a state-assisted institution of higher education for a | 60070 |
| project for which bonds or notes were not outstanding on the | 60071 |
| effective date of this section shall be effective only after | 60072 |
| approval by the Board of Regents, unless approved in a previous | 60073 |
| biennium. | 60074 |
| Section 209.64.72. HIGHER EDUCATION GENERAL OBLIGATION DEBT | 60075 |
| SERVICE | 60076 |
| The foregoing appropriation item 235-909, Higher Education | 60077 |
| General Obligation Debt Service, shall be used to pay all debt | 60078 |
| service and related financing costs at the times they are required | 60079 |
| to be made under sections 151.01 and 151.04 of the Revised Code | 60080 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 60081 |
| of the Sinking Fund or the Director of Budget and Management shall | 60082 |
| effectuate the required payments by intrastate transfer voucher. | 60083 |
| Section 209.64.75. SALES AND SERVICES | 60084 |
| The Board of Regents is authorized to charge and accept | 60085 |
| payment for the provision of goods and services. Such charges | 60086 |
| shall be reasonably related to the cost of producing the goods and | 60087 |
| services. No charges may be levied for goods or services that are | 60088 |
| produced as part of the routine responsibilities or duties of the | 60089 |
| Board. All revenues received by the Board of Regents shall be | 60090 |
| deposited into Fund 456, and may be used by the Board of Regents | 60091 |
| to pay for the costs of producing the goods and services. | 60092 |
| OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT | 60093 |
| The foregoing appropriation item 235-602, Higher Educational | 60094 |
| Facility Commission Administration, shall be used by the Board of | 60095 |
| Regents for operating expenses related to the Board of Regents' | 60096 |
| support of the activities of the Ohio Higher Educational Facility | 60097 |
| Commission. Upon the request of the chancellor, the Director of | 60098 |
| Budget and Management shall transfer up to $55,000 cash from Fund | 60099 |
| 461 to Fund 4E8 in each fiscal year of the biennium. | 60100 |
| Section 209.64.78. PHYSICIAN LOAN REPAYMENT | 60101 |
| The foregoing appropriation item 235-604, Physician Loan | 60102 |
| Repayment, shall be used in accordance with sections 3702.71 to | 60103 |
| 3702.81 of the Revised Code. | 60104 |
| Section 209.64.81. NURSING LOAN PROGRAM | 60105 |
| The foregoing appropriation item 235-606, Nursing Loan | 60106 |
| Program, shall be used to administer the nurse education | 60107 |
| assistance program. Up to $159,600 in fiscal year 2006 and | 60108 |
| $167,580 in fiscal year 2007 may be used for operating expenses | 60109 |
| associated with the program. Any additional funds needed for the | 60110 |
| administration of the program are subject to Controlling Board | 60111 |
| approval. | 60112 |
| Section 209.64.84. SCIENCE AND TECHNOLOGY COLLABORATION | 60113 |
| The Board of Regents shall work in close collaboration with | 60114 |
| the Department of Development, the Air Quality Development | 60115 |
| Authority, and the Third Frontier Commission in relation to | 60116 |
| appropriation items and programs referred to as Alignment Programs | 60117 |
| in the following paragraph, and other technology-related | 60118 |
| appropriations and programs in the Department of Development, Air | 60119 |
| Quality Development Authority, and the Board of Regents as these | 60120 |
| agencies may designate, to ensure implementation of a coherent | 60121 |
| state strategy with respect to science and technology. | 60122 |
| "Alignment Programs" means: appropriation items 195-401, | 60123 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 60124 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 60125 |
| Fund; 235-433, Economic Growth Challenge; 235-451, Eminent | 60126 |
| Scholars; 235-508, Air Force Institute of Technology; 235-510, | 60127 |
| Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute; | 60128 |
| 235-535, Ohio Agricultural Research and Development Center; | 60129 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 60130 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 60131 |
| Academic Resources Network; and 195-435, Biomedical Research and | 60132 |
| Technology Transfer Trust. | 60133 |
| Consistent with the recommendations of the Governor's | 60134 |
| Commission on Higher Education and the Economy, Alignment Programs | 60135 |
| shall be managed and administered (1) to build on existing | 60136 |
| competitive research strengths; (2) to encourage new and emerging | 60137 |
| discoveries and commercialization of products and ideas that will | 60138 |
| benefit the Ohio economy; and (3) to assure improved collaboration | 60139 |
| among Alignment Programs, with programs administered by the Third | 60140 |
| Frontier Commission, and with other state programs that are | 60141 |
| intended to improve economic growth and job creation. | 60142 |
| If requested by the Third Frontier Commission, Alignment | 60143 |
| Programs managers shall report to the Commission or the Third | 60144 |
| Frontier Advisory Board, as directed by the Commission, on the | 60145 |
| contributions of their programs to achieving the objectives stated | 60146 |
| in the preceding paragraph of this section. | 60147 |
| Each alignment program shall be reviewed annually by the | 60148 |
| Third Frontier Commission with respect to its development of | 60149 |
| complementary relationships within a combined state science and | 60150 |
| technology investment portfolio and its overall contribution to | 60151 |
| the state's science and technology strategy, including the | 60152 |
| adoption of appropriately consistent criteria for: (1) the | 60153 |
| scientific merit of activities supported by the program; (2) the | 60154 |
| relevance of the program's activities to commercial opportunities | 60155 |
| in the private sector; (3) the private sector's involvement in a | 60156 |
| process that continually evaluates commercial opportunities to use | 60157 |
| the work supported by the program; and (4) the ability of the | 60158 |
| program and recipients of grant funding from the program to engage | 60159 |
| in activities that are collaborative, complementary, and efficient | 60160 |
| with respect to the expenditure of state funds. All programs | 60161 |
| listed above shall provide annual reports to the Third Frontier | 60162 |
| Commission discussing existing, planned, or possible | 60163 |
| collaborations between programs and recipients of grant funding | 60164 |
| related to technology, development, commercialization, and | 60165 |
| supporting Ohio's economic development. The annual review by the | 60166 |
| Third Frontier Commission shall be a comprehensive review of the | 60167 |
| entire state science and technology program portfolio rather than | 60168 |
| a review of individual programs. | 60169 |
| Applicants for Third Frontier and Alignment Programs funding | 60170 |
| shall identify their requirements for high-performance computing | 60171 |
| facilities and services, including both hardware and software, in | 60172 |
| the proposals. If an applicant's requirements exceed approximately | 60173 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 60174 |
| convene a panel of experts. The panel shall review the proposal to | 60175 |
| determine whether the proposal's requirements can be met through | 60176 |
| Ohio Supercomputer Center facilities or through other means and | 60177 |
| report such information to the Third Frontier Commission. | 60178 |
| To ensure that the state receives the maximum benefit from | 60179 |
| its investment in the Third Frontier Project and the Third | 60180 |
| Frontier Network, organizations receiving Third Frontier awards | 60181 |
| and Alignment Programs awards shall, as appropriate, be expected | 60182 |
| to have a connection to the Third Frontier Network that enables | 60183 |
| them and their collaborators to achieve award objectives through | 60184 |
| the Third Frontier Network. | 60185 |
| Section 209.64.87. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 60186 |
| FUND MONEYS | 60187 |
| Notwithstanding any provision of law to the contrary, all | 60188 |
| repayments of Research Facility Investment Fund loans shall be | 60189 |
| made to the Bond Service Trust Fund. All Research Facility | 60190 |
| Investment Fund loan repayments made prior to the effective date | 60191 |
| of this section shall be transferred by the Director of Budget and | 60192 |
| Management to the Bond Service Trust Fund within sixty days after | 60193 |
| the effective date of this section. | 60194 |
| Campuses shall make timely repayments of Research Facility | 60195 |
| Investment Fund loans, according to the schedule established by | 60196 |
| the Board of Regents. In the case of late payments, the Board of | 60197 |
| Regents may deduct from an institution's periodic subsidy | 60198 |
| distribution an amount equal to the amount of the overdue payment | 60199 |
| for that institution, transfer such amount to the Bond Service | 60200 |
| Trust Fund, and credit the appropriate institution for the | 60201 |
| repayment. | 60202 |
| Section 206.64.90. VETERANS' PREFERENCES | 60203 |
| The Board of Regents shall work with the Governor's Office of | 60204 |
| Veterans' Affairs to develop specific veterans' preference | 60205 |
| guidelines for higher education institutions. These guidelines | 60206 |
| shall ensure that the institutions' hiring practices are in | 60207 |
| accordance with the intent of Ohio's veterans' preference laws. | 60208 |
| Section 206.64.93. STATE NEED-BASED FINANCIAL AID | 60209 |
| RECONCILIATION | 60210 |
| By the first day of August in each fiscal year, or as soon | 60211 |
| thereafter as possible, the Ohio Board of Regents shall certify to | 60212 |
| the Director of Budget and Management the amount necessary to pay | 60213 |
| any outstanding prior year obligations to higher education | 60214 |
| institutions for the state's need-based financial aid programs. | 60215 |
| The amounts certified are hereby appropriated to appropriation | 60216 |
| item 235-618, State Need-based Financial Aid Reconciliation, from | 60217 |
| revenues received in the State Need-based Financial Aid | 60218 |
| Reconciliation Fund (Fund 5Y5). | 60219 |
| Section 209.69. DRC DEPARTMENT OF REHABILITATION AND | 60220 |
| CORRECTION | 60221 |
| General Revenue Fund | 60222 | ||||||||||
| GRF | 501-321 | Institutional Operations | $ | 857,371,490 | $ | 873,888,880 | 60223 | ||||
| GRF | 501-403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 60224 | ||||
| GRF | 501-405 | Halfway House | $ | 38,104,924 | $ | 38,105,128 | 60225 | ||||
| GRF | 501-406 | Lease Rental Payments | $ | 132,370,500 | $ | 120,600,600 | 60226 | ||||
| GRF | 501-407 | Community Nonresidential Programs | $ | 15,383,471 | $ | 15,404,522 | 60227 | ||||
| GRF | 501-408 | Community Misdemeanor Programs | $ | 8,041,489 | $ | 8,041,489 | 60228 | ||||
| GRF | 501-501 | Community Residential Programs - CBCF | $ | 55,054,445 | $ | 55,054,445 | 60229 | ||||
| GRF | 502-321 | Mental Health Services | $ | 64,897,564 | $ | 66,055,754 | 60230 | ||||
| GRF | 503-321 | Parole and Community Operations | $ | 78,887,219 | $ | 80,708,911 | 60231 | ||||
| GRF | 504-321 | Administrative Operations | $ | 27,559,389 | $ | 28,147,730 | 60232 | ||||
| GRF | 505-321 | Institution Medical Services | $ | 159,926,575 | $ | 176,500,628 | 60233 | ||||
| GRF | 506-321 | Institution Education Services | $ | 22,727,366 | $ | 23,114,615 | 60234 | ||||
| GRF | 507-321 | Institution Recovery Services | $ | 6,946,286 | $ | 7,090,212 | 60235 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,475,869,973 | $ | 1,501,312,169 | 60236 | ||||||
| General Services Fund Group | 60237 |
| 148 | 501-602 | Services and Agricultural | $ | 95,207,653 | $ | 95,207,653 | 60238 | ||||
| 200 | 501-607 | Ohio Penal Industries | $ | 38,000,000 | $ | 38,000,000 | 60239 | ||||
| 4B0 | 501-601 | Penitentiary Sewer Treatment Facility Services | $ | 1,758,177 | $ | 1,758,177 | 60240 | ||||
| 4D4 | 501-603 | Prisoner Programs | $ | 20,967,703 | $ | 20,967,703 | 60241 | ||||
| 4L4 | 501-604 | Transitional Control | $ | 1,593,794 | $ | 1,593,794 | 60242 | ||||
| 4S5 | 501-608 | Education Services | $ | 4,564,072 | $ | 4,564,072 | 60243 | ||||
| 483 | 501-605 | Property Receipts | $ | 393,491 | $ | 393,491 | 60244 | ||||
| 5AF | 501-609 | State and Non-Federal Awards | $ | 262,718 | $ | 262,718 | 60245 | ||||
| 5H8 | 501-617 | Offender Financial Responsibility | $ | 2,000,000 | $ | 2,000,000 | 60246 | ||||
| 5L6 | 501-611 | Information Technology Services | $ | 3,741,980 | $ | 3,741,980 | 60247 | ||||
| 571 | 501-606 | Training Academy Receipts | $ | 75,190 | $ | 75,190 | 60248 | ||||
| 593 | 501-618 | Laboratory Services | $ | 5,799,999 | $ | 5,799,999 | 60249 | ||||
| TOTAL GSF General Services Fund Group | $ | 174,364,777 | $ | 174,364,777 | 60250 | ||||||
| Federal Special Revenue Fund Group | 60251 |
| 3S1 | 501-615 | Truth-In-Sentencing Grants | $ | 26,127,427 | $ | 26,127,427 | 60252 | ||||
| 323 | 501-619 | Federal Grants | $ | 12,198,353 | $ | 12,198,353 | 60253 | ||||
| TOTAL FED Federal Special Revenue | 60254 | ||||||||||
| Fund Group | $ | 38,325,780 | $ | 38,325,780 | 60255 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,688,560,530 | $ | 1,714,002,726 | 60256 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 60257 |
| The foregoing appropriation item 501-406, Lease Rental | 60258 |
| Payments, shall be used for payments to the Ohio Building | 60259 |
| Authority for the period July 1, 2005, to June 30, 2007, under the | 60260 |
| primary leases and agreements for those buildings made under | 60261 |
| Chapter 152. of the Revised Code but limited to the aggregate | 60262 |
| amount of $252,971,100. This appropriation amount is the source of | 60263 |
| funds pledged for bond service charges on related obligations | 60264 |
| issued under Chapter 152. of the Revised Code. | 60265 |
| PRISONER COMPENSATION | 60266 |
| Money from the foregoing appropriation item 501-403, Prisoner | 60267 |
| Compensation, shall be transferred on a quarterly basis by | 60268 |
| intrastate transfer voucher to the Services and Agricultural Fund | 60269 |
| (Fund 148) for the purposes of paying prisoner compensation. | 60270 |
| Section 209.72. RSC REHABILITATION SERVICES COMMISSION | 60271 |
| General Revenue Fund | 60272 |
| GRF | 415-100 | Personal Services | $ | 8,851,468 | $ | 8,851,468 | 60273 | ||||
| GRF | 415-402 | Independent Living Council | $ | 12,280 | $ | 12,280 | 60274 | ||||
| GRF | 415-403 | Mental Health Services | $ | 717,221 | $ | 717,221 | 60275 | ||||
| GRF | 415-404 | MR/DD Services | $ | 1,260,816 | $ | 1,260,816 | 60276 | ||||
| GRF | 415-405 | Vocational Rehabilitation/Job and Family Services | $ | 536,912 | $ | 536,912 | 60277 | ||||
| GRF | 415-406 | Assistive Technology | $ | 47,531 | $ | 47,531 | 60278 | ||||
| GRF | 415-431 | Office for People with Brain Injury | $ | 226,012 | $ | 226,012 | 60279 | ||||
| GRF | 415-506 | Services for People with Disabilities | $ | 12,185,215 | $ | 12,185,215 | 60280 | ||||
| GRF | 415-508 | Services for the Deaf | $ | 50,000 | $ | 50,000 | 60281 | ||||
| GRF | 415-509 | Services for the Elderly | $ | 359,377 | $ | 359,377 | 60282 | ||||
| GRF | 415-520 | Independent Living Services | $ | 50,000 | $ | 50,000 | 60283 | ||||
| TOTAL GRF General Revenue Fund | $ | 24,296,832 | $ | 24,296,832 | 60284 | ||||||
| General Services Fund Group | 60285 |
| 4W5 | 415-606 | Program Management Expenses | $ | 18,557,040 | $ | 18,557,040 | 60286 | ||||
| 467 | 415-609 | Business Enterprise Operating Expenses | $ | 1,632,082 | $ | 1,632,082 | 60287 | ||||
| TOTAL GSF General Services | 60288 | ||||||||||
| Fund Group | $ | 20,189,122 | $ | 20,189,122 | 60289 | ||||||
| Federal Special Revenue Fund Group | 60290 |
| 3L1 | 415-601 | Social Security Personal Care Assistance | $ | 3,743,740 | $ | 3,743,740 | 60291 | ||||
| 3L1 | 415-605 | Social Security Community Centers for the Deaf | $ | 1,100,488 | $ | 1,100,488 | 60292 | ||||
| 3L1 | 415-607 | Social Security Administration Cost | $ | 175,860 | $ | 175,860 | 60293 | ||||
| 3L1 | 415-608 | Social Security Special Programs/Assistance | $ | 2,246,991 | $ | 131,716 | 60294 | ||||
| 3L1 | 415-610 | Social Security Vocational Rehabilitation | $ | 1,336,324 | $ | 1,338,324 | 60295 | ||||
| 3L1 | 415-614 | Social Security Independent Living | $ | 154,942 | $ | 0 | 60296 | ||||
| 3L4 | 415-612 | Federal - Independent Living Centers or Services | $ | 894,662 | $ | 686,520 | 60297 | ||||
| 3L4 | 415-615 | Federal - Supported Employment | $ | 1,338,191 | $ | 1,338,191 | 60298 | ||||
| 3L4 | 415-617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,508,885 | $ | 1,608,885 | 60299 | ||||
| 317 | 415-620 | Disability Determination | $ | 82,870,347 | $ | 87,999,369 | 60300 | ||||
| 379 | 415-616 | Federal - Vocational Rehabilitation | $ | 123,565,158 | $ | 119,998,470 | 60301 | ||||
| TOTAL FED Federal Special | 60302 | ||||||||||
| Revenue Fund Group | $ | 218,935,588 | $ | 218,121,563 | 60303 | ||||||
| State Special Revenue Fund Group | 60304 |
| 4L1 | 415-619 | Services for Rehabilitation | $ | 4,500,000 | $ | 4,500,000 | 60305 | ||||
| 468 | 415-618 | Third Party Funding | $ | 1,055,407 | $ | 1,105,407 | 60306 | ||||
| TOTAL SSR State Special | 60307 | ||||||||||
| Revenue Fund Group | $ | 5,555,407 | $ | 5,605,407 | 60308 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 268,976,949 | $ | 268,212,924 | 60309 | ||||||
| INDEPENDENT LIVING COUNCIL | 60310 |
| The foregoing appropriation item 415-402, Independent Living | 60311 |
| Council, shall be used to fund the operations of the State | 60312 |
| Independent Living Council. | 60313 |
| MENTAL HEALTH SERVICES | 60314 |
| The foregoing appropriation item 415-403, Mental Health | 60315 |
| Services, shall be used for the provision of vocational | 60316 |
| rehabilitation services to mutually eligible consumers of the | 60317 |
| Rehabilitation Services Commission and the Department of Mental | 60318 |
| Health. | 60319 |
| The Rehabilitation Services Commission shall provide the | 60320 |
| Department of Mental Health a quarterly report stating the numbers | 60321 |
| served, numbers placed in employment, average hourly wage, and | 60322 |
| average hours worked. | 60323 |
| MR/DD SERVICES | 60324 |
| The foregoing appropriation item 415-404, MR/DD Services, | 60325 |
| shall be used as state matching funds to provide vocational | 60326 |
| rehabilitation services to mutually eligible clients between the | 60327 |
| Rehabilitation Services Commission and the Department of Mental | 60328 |
| Retardation and Developmental Disabilities. The Rehabilitation | 60329 |
| Services Commission shall report to the Department of Mental | 60330 |
| Retardation and Developmental Disabilities, as outlined in an | 60331 |
| interagency agreement, on the number and status of mutually | 60332 |
| eligible clients and the status of the funds and expenditures for | 60333 |
| these clients. | 60334 |
| VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES | 60335 |
| The foregoing appropriation item 415-405, Vocational | 60336 |
| Rehabilitation/Job and Family Services, shall be used as state | 60337 |
| matching funds to provide vocational rehabilitation services to | 60338 |
| mutually eligible clients between the Rehabilitation Services | 60339 |
| Commission and the Department of Job and Family Services. The | 60340 |
| Rehabilitation Services Commission shall report to the Department | 60341 |
| of Job and Family Services, as outlined in an interagency | 60342 |
| agreement, on the number and status of mutually eligible clients | 60343 |
| and the status of the funds and expenditures for these clients. | 60344 |
| ASSISTIVE TECHNOLOGY | 60345 |
| The foregoing appropriation item 415-406, Assistive | 60346 |
| Technology, shall be provided to Assistive Technology of Ohio and | 60347 |
| shall be used only to provide grants under that program. No amount | 60348 |
| of the appropriation may be used for administrative costs. | 60349 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 60350 |
| Of the foregoing appropriation item 415-431, Office for | 60351 |
| People with Brain Injury, $50,000 in each fiscal year shall be | 60352 |
| used for the state match for a federal grant awarded through the | 60353 |
| Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000 | 60354 |
| in fiscal year 2006 and up to $50,000 in fiscal year 2007 shall be | 60355 |
| provided to the Brain Injury Trust Fund. The remaining | 60356 |
| appropriation shall be used to plan and coordinate | 60357 |
| head-injury-related services provided by state agencies and other | 60358 |
| government or private entities, to assess the needs for such | 60359 |
| services, and to set priorities in this area. | 60360 |
| SERVICES FOR THE DEAF | 60361 |
| The foregoing appropriation item 415-508, Services for the | 60362 |
| Deaf, shall be used to supplement Social Security reimbursement | 60363 |
| funds used to provide grants to community centers for the deaf. | 60364 |
| These funds shall not be used in lieu of Social Security | 60365 |
| reimbursement funds. | 60366 |
| SERVICES FOR THE ELDERLY | 60367 |
| The foregoing appropriation item 415-509, Services for the | 60368 |
| Elderly, shall be used as matching funds for vocational | 60369 |
| rehabilitation services for eligible elderly citizens with a | 60370 |
| disability. | 60371 |
| INDEPENDENT LIVING SERVICES | 60372 |
| The foregoing appropriation items 415-520, Independent Living | 60373 |
| Services, and 415-612, Federal - Independent Living Centers or | 60374 |
| Services, shall be used to support state independent living | 60375 |
| centers or independent living services under Title VII of the | 60376 |
| Independent Living Services and Centers for Independent Living of | 60377 |
| the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 | 60378 |
| U.S.C. 796d. | 60379 |
| PROGRAM MANAGEMENT EXPENSES | 60380 |
| The foregoing appropriation item 415-606, Program Management | 60381 |
| Expenses, shall be used to support the administrative functions of | 60382 |
| the commission related to the provision of vocational | 60383 |
| rehabilitation, disability determination services, and ancillary | 60384 |
| programs. | 60385 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 60386 |
| The foregoing appropriation item 415-617, Independent | 60387 |
| Living/Vocational Rehabilitation Programs, shall be used to | 60388 |
| support vocational rehabilitation programs, including, but not | 60389 |
| limited to, high tech high schools, training, and brain injury | 60390 |
| grants. | 60391 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 60392 |
| Reimbursement funds received from the Social Security | 60393 |
| Administration, United States Department of Health and Human | 60394 |
| Services, for the costs of providing services and training to | 60395 |
| return disability recipients to gainful employment shall be used | 60396 |
| in the Social Security Reimbursement Fund (Fund 3L1), as follows: | 60397 |
| (A) Appropriation item 415-601, Social Security Personal Care | 60398 |
| Assistance, to provide personal care services in accordance with | 60399 |
| section 3304.41 of the Revised Code; | 60400 |
| (B) Appropriation item 415-605, Social Security Community | 60401 |
| Centers for the Deaf, to provide grants to community centers for | 60402 |
| the deaf in Ohio for services to individuals with hearing | 60403 |
| impairments; | 60404 |
| (C) Appropriation item 415-607, Social Security | 60405 |
| Administration Cost, to provide administrative services needed to | 60406 |
| administer the Social Security reimbursement program; | 60407 |
| (D) Appropriation item 415-608, Social Security Special | 60408 |
| Programs/Assistance, to provide vocational rehabilitation services | 60409 |
| to individuals with severe disabilities who are Social Security | 60410 |
| beneficiaries, to enable them to achieve competitive employment. | 60411 |
| This appropriation item also includes funds to assist the Personal | 60412 |
| Care Assistance, Community Centers for the Deaf, and Independent | 60413 |
| Living Programs to pay their share of indirect costs as mandated | 60414 |
| by federal OMB Circular A-87. | 60415 |
| (E) Appropriation item 415-610, Social Security Vocational | 60416 |
| Rehabilitation, to provide vocational rehabilitation services to | 60417 |
| older blind individuals with severe disabilities to enable them to | 60418 |
| achieve a noncompetitive employment goal. | 60419 |
| PILOT PROGRAM FOR VOCATIONAL REHABILITATION | 60420 |
| During fiscal years 2006 and 2007, the Rehabilitation | 60421 |
| Services Commission may conduct a pilot program to provide | 60422 |
| vocational rehabilitation and related services to entities, | 60423 |
| employers, or individuals that are not eligible for state- or | 60424 |
| federally-supported services through the commission. The | 60425 |
| commission shall propose fees to be collected from the entities, | 60426 |
| employers, or individuals served by the pilot program to support | 60427 |
| the costs for vocational rehabilitation and related services | 60428 |
| provided under the pilot program. Fee revenues collected under the | 60429 |
| program shall be credited to Fund 468 (Third Party Funding). | 60430 |
| During implementation of the pilot program, the Rehabilitation | 60431 |
| Services Commission shall investigate and determine the | 60432 |
| possibility of utilizing this source of revenue to match federal | 60433 |
| funds. The Rehabilitation Services Commission shall evaluate the | 60434 |
| progress of the pilot program and issue a report of its findings | 60435 |
| to the Governor not later than December 15, 2007. The report shall | 60436 |
| include a recommendation to either continue or discontinue the | 60437 |
| pilot program in the next biennium. | 60438 |
| Section 209.75. RCB RESPIRATORY CARE BOARD | 60439 |
| General Services Fund Group | 60440 |
| 4K9 | 872-609 | Operating Expenses | $ | 441,987 | $ | 0 | 60441 | ||||
| TOTAL GSF General Services | 60442 | ||||||||||
| Fund Group | $ | 441,987 | $ | 0 | 60443 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 441,987 | $ | 0 | 60444 | ||||||
| Section 209.78. REVENUE DISTRIBUTION FUNDS | 60446 |
| Volunteer Firefighters' Dependents Fund | 60447 |
| 085 | 800-900 | Volunteer Firefighters' Dependents Fund | $ | 280,000 | $ | 280,000 | 60448 | ||||
| TOTAL 085 Volunteer Firefighters' | 60449 | ||||||||||
| Dependents Fund | $ | 280,000 | $ | 280,000 | 60450 | ||||||
| Agency Fund Group | 60451 | ||||||||||
| 062 | 110-900 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,075,000 | 60452 | ||||
| 063 | 110-900 | Permissive Tax Distribution | $ | 1,627,628,631 | $ | 1,706,969,960 | 60453 | ||||
| 067 | 110-900 | School District Income Tax Fund | $ | 185,000,000 | $ | 195,000,000 | 60454 | ||||
| 4P8 | 001-698 | Cash Management Improvement Fund | $ | 2,500,000 | $ | 3,000,000 | 60455 | ||||
| 608 | 001-699 | Investment Earnings | $ | 85,000,000 | $ | 85,000,000 | 60456 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,901,128,631 | $ | 1,991,044,960 | 60457 | ||||||
| Holding Account Redistribution | 60458 |
| R45 | 110-617 | International Fuel Tax Distribution | $ | 6,292,029 | $ | 0 | 60459 | ||||
| TOTAL R45 Holding Account Redistribution Fund | $ | 6,292,029 | $ | 0 | 60460 | ||||||
| Revenue Distribution Fund Group | 60461 | ||||||||||
| 049 | 038-900 | Indigent Drivers Alcohol Treatment | $ | 1,865,000 | $ | 1,865,000 | 60462 | ||||
| 050 | 762-900 | International Registration Plan Distribution | $ | 55,000,000 | $ | 55,000,000 | 60463 | ||||
| 051 | 762-901 | Auto Registration Distribution | $ | 475,000,000 | $ | 475,000,000 | 60464 | ||||
| 054 | 110-900 | Local Government Property Tax Replacement - Utility | $ | 90,000,000 | $ | 90,000,000 | 60465 | ||||
| 060 | 110-900 | Gasoline Excise Tax Fund | $ | 325,000,000 | $ | 349,000,000 | 60466 | ||||
| 064 | 110-900 | Local Government Revenue Assistance | $ | 83,754,100 | $ | 77,384,100 | 60467 | ||||
| 065 | 110-900 | Library/Local Government Support Fund | $ | 439,372,980 | $ | 430,584,650 | 60468 | ||||
| 066 | 800-900 | Undivided Liquor Permit Fund | $ | 13,500,000 | $ | 13,500,000 | 60469 | ||||
| 068 | 110-900 | State/Local Government Highway Distribution Fund | $ | 231,076,000 | $ | 235,542,000 | 60470 | ||||
| 069 | 110-900 | Local Government Fund | $ | 584,454,000 | $ | 538,710,300 | 60471 | ||||
| 082 | 110-900 | Horse Racing Tax | $ | 130,000 | $ | 130,000 | 60472 | ||||
| 083 | 700-900 | Ohio Fairs Fund | $ | 2,450,000 | $ | 2,450,000 | 60473 | ||||
| 081 | 110-900 | Local Government Property Tax Replacement-Business | $ | 16,200,000 | $ | 124,200,000 | 60474 | ||||
| TOTAL RDF Revenue Distribution | 60475 | ||||||||||
| Fund Group | $ | 2,317,802,080 | $ | 2,393,366,050 | 60476 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,225,502,740 | $ | 4,384,691,010 | 60477 | ||||||
| ADDITIONAL APPROPRIATIONS | 60478 |
| Appropriation items in this section shall be used for the | 60479 |
| purpose of administering and distributing the designated revenue | 60480 |
| distribution funds according to the Revised Code. If it is | 60481 |
| determined that additional appropriations are necessary for this | 60482 |
| purpose, such amounts are appropriated. | 60483 |
| Section 209.81. SAN BOARD OF SANITARIAN REGISTRATION | 60484 |
| General Services Fund Group | 60485 |
| 4K9 | 893-609 | Operating Expenses | $ | 134,279 | $ | 0 | 60486 | ||||
| TOTAL GSF General Services | 60487 | ||||||||||
| Fund Group | $ | 134,279 | $ | 0 | 60488 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 134,279 | $ | 0 | 60489 | ||||||
| Section 209.84. OSB OHIO STATE SCHOOL FOR THE BLIND | 60491 |
| General Revenue Fund | 60492 |
| GRF | 226-100 | Personal Services | $ | 6,469,841 | $ | 6,594,261 | 60493 | ||||
| GRF | 226-200 | Maintenance | $ | 704,162 | $ | 704,162 | 60494 | ||||
| GRF | 226-300 | Equipment | $ | 113,289 | $ | 113,289 | 60495 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,287,292 | $ | 7,411,712 | 60496 | ||||||
| General Services Fund Group | 60497 |
| 4H8 | 226-602 | Education Reform Grants | $ | 21,620 | $ | 21,620 | 60498 | ||||
| TOTAL GSF General Services | 60499 | ||||||||||
| Fund Group | $ | 21,620 | $ | 21,620 | 60500 | ||||||
| Federal Special Revenue Fund Group | 60501 |
| 3P5 | 226-643 | Medicaid Professional Services Reimbursement | $ | 180,000 | $ | 210,000 | 60502 | ||||
| 310 | 226-626 | Coordinating Unit | $ | 1,639,000 | $ | 1,639,000 | 60503 | ||||
| TOTAL FED Federal Special | 60504 | ||||||||||
| Revenue Fund Group | $ | 1,819,000 | $ | 1,849,000 | 60505 | ||||||
| State Special Revenue Fund Group | 60506 |
| 4M5 | 226-601 | Student Activity and Work Study | $ | 217,397 | $ | 217,397 | 60507 | ||||
| TOTAL SSR State Special Revenue | 60508 | ||||||||||
| Fund Group | $ | 217,397 | $ | 217,397 | 60509 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,345,309 | $ | 9,499,729 | 60510 | ||||||
| Section 209.87. OSD OHIO STATE SCHOOL FOR THE DEAF | 60512 |
| General Revenue Fund | 60513 |
| GRF | 221-100 | Personal Services | $ | 8,401,704 | $ | 8,401,704 | 60514 | ||||
| GRF | 221-200 | Maintenance | $ | 1,032,751 | $ | 1,032,751 | 60515 | ||||
| GRF | 221-300 | Equipment | $ | 222,500 | $ | 222,500 | 60516 | ||||
| TOTAL GRF General Revenue Fund | $ | 9,656,955 | $ | 9,656,955 | 60517 | ||||||
| General Services Fund Group | 60518 |
| 4M1 | 221-602 | Education Reform Grants | $ | 27,575 | $ | 27,575 | 60519 | ||||
| TOTAL GSF General Services | 60520 | ||||||||||
| Fund Group | $ | 27,575 | $ | 27,575 | 60521 | ||||||
| Federal Special Revenue Fund Group | 60522 |
| 3AD | 221-604 | VREAL Ohio | $ | 1,000,000 | $ | 1,000,000 | 60523 | ||||
| 3R0 | 221-684 | Medicaid Professional | $ | 35,000 | $ | 35,000 | 60524 | ||||
| Services Reimbursement | 60525 | ||||||||||
| 3Y1 | 221-686 | Early Childhood Grant | $ | 250,000 | $ | 250,000 | 60526 | ||||
| 311 | 221-625 | Coordinating Unit | $ | 1,062,426 | $ | 1,062,426 | 60527 | ||||
| TOTAL FED Federal Special | 60528 | ||||||||||
| Revenue Fund Group | $ | 2,347,426 | $ | 2,347,426 | 60529 | ||||||
| State Special Revenue Fund Group | 60530 |
| 4M0 | 221-601 | Educational Program | $ | 32,688 | $ | 32,688 | 60531 | ||||
| Expenses | 60532 | ||||||||||
| 5H6 | 221-609 | Even Start Fees & Gifts | $ | 59,800 | $ | 59,800 | 60533 | ||||
| TOTAL SSR State Special Revenue | 60534 | ||||||||||
| Fund Group | $ | 92,488 | $ | 92,488 | 60535 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | 12,124,444 | 12,124,444 | 60536 | ||||||||
| EQUIPMENT | 60537 |
| Of the foregoing appropriation item 221-300, Equipment, up to | 60538 |
| $15,000 in fiscal year 2006 may be used by the Ohio School for the | 60539 |
| Deaf to purchase software for the documentation and tracking of | 60540 |
| students for increased accountability and data analysis for | 60541 |
| quality instruction. | 60542 |
| Section 209.90. SFC SCHOOL FACILITIES COMMISSION | 60543 |
| General Revenue Fund | 60544 |
| GRF | 230-428 | Lease Rental Payments | $ | 31,691,700 | $ | 31,603,200 | 60545 | ||||
| GRF | 230-908 | Common Schools General Obligation Debt Service | $ | 188,724,700 | $ | 224,911,500 | 60546 | ||||
| TOTAL GRF General Revenue Fund | $ | 220,416,400 | $ | 256,514,700 | 60547 | ||||||
| State Special Revenue Fund Group | 60548 |
| 5E3 | 230-644 | Operating Expenses | $ | 7,319,617 | $ | 7,691,485 | 60549 | ||||
| TOTAL SSR State Special Revenue | 60550 | ||||||||||
| Fund Group | $ | 7,319,617 | $ | 7,691,485 | 60551 | ||||||
| Lottery Profits Education Fund Group | 60552 |
| 020 | 230-620 | Career-Tech School Building Assistance | $ | 2,000,000 | $ | 2,000,000 | 60553 | ||||
| TOTAL LPE Lottery Profits | 60554 | ||||||||||
| Education Fund Group | $ | 2,000,000 | $ | 2,000,000 | 60555 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 229,736,017 | $ | 266,206,185 | 60556 | ||||||
| Section 209.90.03. LEASE RENTAL PAYMENTS | 60558 |
| The foregoing appropriation item 230-428, Lease Rental | 60559 |
| Payments, shall be used to meet all payments at the times they are | 60560 |
| required to be made during the period from July 1, 2005, to June | 60561 |
| 30, 2007, by the School Facilities Commission under leases and | 60562 |
| agreements made under section 3318.26 of the Revised Code, but | 60563 |
| limited to the aggregate amount of $63,294,900. Nothing in this | 60564 |
| act shall be deemed to contravene the obligation of the state to | 60565 |
| pay, without necessity for further appropriation, from the sources | 60566 |
| pledged thereto, the bond service charges on obligations issued | 60567 |
| under Chapter 3318. of the Revised Code. | 60568 |
| COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE | 60569 |
| The foregoing appropriation item 230-908, Common Schools | 60570 |
| General Obligation Debt Service, shall be used to pay all debt | 60571 |
| service and related financing costs at the times they are required | 60572 |
| to be made under sections 151.01 and 151.03 of the Revised Code | 60573 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 60574 |
| of the Sinking Fund or the Director of Budget and Management shall | 60575 |
| effectuate the required payments by an intrastate transfer | 60576 |
| voucher. | 60577 |
| OPERATING EXPENSES | 60578 |
| The foregoing appropriation item 230-644, Operating Expenses, | 60579 |
| shall be used by the Ohio School Facilities Commission to carry | 60580 |
| out its responsibilities under this section and Chapter 3318. of | 60581 |
| the Revised Code. | 60582 |
| In both fiscal years 2006 and 2007, the Executive Director of | 60583 |
| the Ohio School Facilities Commission shall certify on a quarterly | 60584 |
| basis to the Director of Budget and Management the amount of cash | 60585 |
| from interest earnings to be transferred from the School Building | 60586 |
| Assistance Fund (Fund 032), the Public School Building Fund (Fund | 60587 |
| 021), and the Educational Facilities Trust Fund (Fund N87) to the | 60588 |
| Ohio School Facilities Commission Fund (Fund 5E3). The amount | 60589 |
| transferred may not exceed investment earnings credited to the | 60590 |
| School Building Assistance Fund (Fund 032), less any amount | 60591 |
| required to be paid for federal arbitage rebate purposes. | 60592 |
| SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 60593 |
| At the request of the Executive Director of the Ohio School | 60594 |
| Facilities Commission, the Director of Budget and Management may | 60595 |
| cancel encumbrances for school district projects from a previous | 60596 |
| biennium if the district has not raised its local share of project | 60597 |
| costs within one year of receiving Controlling Board approval | 60598 |
| under section 3318.05 of the Revised Code. The Executive Director | 60599 |
| of the Ohio School Facilities Commission shall certify the amounts | 60600 |
| of the canceled encumbrances to the Director of Budget and | 60601 |
| Management on a quarterly basis. The amounts of the canceled | 60602 |
| encumbrances are hereby appropriated. | 60603 |
| Section 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF | 60604 |
| SCHOOL FACILITIES | 60605 |
| Notwithstanding any other provision of law to the contrary, | 60606 |
| the School Facilities Commission may provide assistance under the | 60607 |
| Exceptional Needs School Facilities Program established in section | 60608 |
| 3318.37 of the Revised Code to any school district, and not | 60609 |
| exclusively to a school district in the lowest fifty per cent of | 60610 |
| adjusted valuation per pupil on the current ranking of school | 60611 |
| districts established under section 3317.02 of the Revised Code, | 60612 |
| for the purpose of the relocation or replacement of school | 60613 |
| facilities required as a result of extreme environmental | 60614 |
| contamination. | 60615 |
| The School Facilities Commission shall contract with an | 60616 |
| independent environmental consultant to conduct a study and to | 60617 |
| report to the commission as to the seriousness of the | 60618 |
| environmental contamination, whether the contamination violates | 60619 |
| applicable state and federal standards, and whether the facilities | 60620 |
| are no longer suitable for use as school facilities. The | 60621 |
| commission then shall make a determination regarding funding for | 60622 |
| the relocation or replacement of the school facilities. If the | 60623 |
| federal government or other public or private entity provides | 60624 |
| funds for restitution of costs incurred by the state or school | 60625 |
| district in the relocation or replacement of the school | 60626 |
| facilities, the school district shall use such funds in excess of | 60627 |
| the school district's share to refund the state for the state's | 60628 |
| contribution to the environmental contamination portion of the | 60629 |
| project. The school district may apply an amount of such | 60630 |
| restitution funds up to an amount equal to the school district's | 60631 |
| portion of the project, as defined by the commission, toward | 60632 |
| paying its portion of that project to reduce the amount of bonds | 60633 |
| the school district otherwise must issue to receive state | 60634 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 60635 |
| Section 209.90.09. CANTON CITY SCHOOL DISTRICT PROJECT | 60636 |
| (A) The Ohio School Facilities Commission may commit up to | 60637 |
| thirty-five million dollars to the Canton City School District for | 60638 |
| construction of a facility described in this section, in lieu of a | 60639 |
| high school that would otherwise be authorized under Chapter 3318. | 60640 |
| of the Revised Code. The Commission shall not commit funds under | 60641 |
| this section unless all of the following conditions are met: | 60642 |
| (1) The District has entered into a cooperative agreement | 60643 |
| with a state-assisted technical college. | 60644 |
| (2) The District has received an irrevocable commitment of | 60645 |
| additional funding from nonpublic sources. | 60646 |
| (3) The facility is intended to serve both secondary and | 60647 |
| postsecondary instructional purposes. | 60648 |
| (B) The Commission shall enter into an agreement with the | 60649 |
| District for the construction of the facility authorized under | 60650 |
| this section that is separate from and in addition to the | 60651 |
| agreement required for the District's participation in the | 60652 |
| Classroom Facilities Assistance Program under section 3318.08 of | 60653 |
| the Revised Code. Notwithstanding that section and sections | 60654 |
| 3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 60655 |
| agreement shall provide, but not be limited to, the following: | 60656 |
| (1) The Commission shall not have any oversight | 60657 |
| responsibilities over the construction of the facility. | 60658 |
| (2) The facility need not comply with the specifications for | 60659 |
| plans and materials for high schools adopted by the Commission. | 60660 |
| (3) The Commission may decrease the basic project cost that | 60661 |
| would otherwise be calculated for a high school under Chapter | 60662 |
| 3318. of the Revised Code. | 60663 |
| (4) The state shall not share in any increases in the basic | 60664 |
| project cost for the facility above the amount authorized under | 60665 |
| this section. | 60666 |
| All other provisions of Chapter 3318. of the Revised Code | 60667 |
| apply to the approval and construction of a facility authorized | 60668 |
| under this section. | 60669 |
| The state funds committed to the facility authorized by this | 60670 |
| section shall be part of the total amount the state commits to the | 60671 |
| Canton City School District under Chapter 3318. of the Revised | 60672 |
| Code. All additional state funds committed to the Canton City | 60673 |
| School District for classroom facilities assistance shall be | 60674 |
| subject to all provisions of Chapter 3318. of the Revised Code. | 60675 |
| Section 209.93. SOS SECRETARY OF STATE | 60676 |
| General Revenue Fund | 60677 |
| GRF | 050-321 | Operating Expenses | $ | 2,585,000 | $ | 2,585,000 | 60678 | ||||
| GRF | 050-403 | Election Statistics | $ | 103,936 | $ | 103,936 | 60679 | ||||
| GRF | 050-407 | Pollworkers Training | $ | 277,977 | $ | 277,977 | 60680 | ||||
| GRF | 050-409 | Litigation Expenditures | $ | 4,652 | $ | 4,652 | 60681 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,971,585 | $ | 2,971,585 | 60682 | ||||||
| General Services Fund Group | 60683 |
| 4S8 | 050-610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 60684 | ||||
| 412 | 050-609 | Notary Commission | $ | 685,250 | $ | 685,249 | 60685 | ||||
| 413 | 050-601 | Information Systems | $ | 169,955 | $ | 169,955 | 60686 | ||||
| 414 | 050-602 | Citizen Education Fund | $ | 75,700 | $ | 55,712 | 60687 | ||||
| TOTAL General Services Fund Group | $ | 938,105 | $ | 918,116 | 60688 | ||||||
| Federal Special Revenue Fund Group | 60689 |
| 3AS | 050-616 | 2005 HAVA Voting Machines | $ | 37,436,203 | $ | 0 | 60690 | ||||
| 3X4 | 050-612 | Ohio Cntr/Law Related Educ Grant | $ | 41,000 | $ | 41,000 | 60691 | ||||
| TOTAL FED Federal Special Revenue | 60692 | ||||||||||
| Fund Group | $ | 37,477,203 | $ | 41,000 | 60693 | ||||||
| State Special Revenue Fund Group | 60694 |
| 5N9 | 050-607 | Technology Improvements | $ | 129,565 | $ | 129,565 | 60695 | ||||
| 599 | 050-603 | Business Services Operating Expenses | $ | 13,741,745 | $ | 13,761,734 | 60696 | ||||
| TOTAL SSR State Special Revenue | 60697 | ||||||||||
| Fund Group | $ | 13,871,310 | $ | 13,891,299 | 60698 | ||||||
| Holding Account Redistribution Fund Group | 60699 |
| R01 | 050-605 | Uniform Commercial Code Refunds | $ | 65,000 | $ | 65,000 | 60700 | ||||
| R02 | 050-606 | Corporate/Business Filing Refunds | $ | 100,000 | $ | 100,000 | 60701 | ||||
| TOTAL 090 Holding Account | 60702 | ||||||||||
| Redistribution Fund Group | $ | 165,000 | $ | 165,000 | 60703 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 55,423,203 | $ | 17,987,000 | 60704 | ||||||
| BOARD OF VOTING MACHINE EXAMINERS | 60705 |
| The foregoing appropriation item 050-610, Board of Voting | 60706 |
| Machine Examiners, shall be used to pay for the services and | 60707 |
| expenses of the members of the Board of Voting Machine Examiners, | 60708 |
| and for other expenses that are authorized to be paid from the | 60709 |
| Board of Voting Machine Examiners Fund, which is created in | 60710 |
| section 3506.05 of the Revised Code. Moneys not used shall be | 60711 |
| returned to the person or entity submitting the equipment for | 60712 |
| examination. If it is determined that additional appropriations | 60713 |
| are necessary, such amounts are appropriated. | 60714 |
| HOLDING ACCOUNT REDISTRIBUTION GROUP | 60715 |
| The foregoing appropriation items 050-605 and 050-606, | 60716 |
| Holding Account Redistribution Fund Group, shall be used to hold | 60717 |
| revenues until they are directed to the appropriate accounts or | 60718 |
| until they are refunded. If it is determined that additional | 60719 |
| appropriations are necessary, such amounts are appropriated. | 60720 |
| Section 209.96. SEN THE OHIO SENATE | 60721 |
| General Revenue Fund | 60722 |
| GRF | 020-321 | Operating Expenses | $ | 11,546,357 | $ | 11,661,821 | 60723 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,546,357 | $ | 11,661,821 | 60724 | ||||||
| General Services Fund Group | 60725 |
| 102 | 020-602 | Senate Reimbursement | $ | 444,025 | $ | 444,025 | 60726 | ||||
| 409 | 020-601 | Miscellaneous Sales | $ | 34,155 | $ | 34,155 | 60727 | ||||
| TOTAL GSF General Services | 60728 | ||||||||||
| Fund Group | $ | 478,180 | $ | 478,180 | 60729 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,024,537 | $ | 12,140,001 | 60730 | ||||||
| OPERATING EXPENSES | 60731 |
| On July 1, 2005, or as soon as possible thereafter, the Clerk | 60732 |
| of the Senate shall certify to the Director of Budget and | 60733 |
| Management the total fiscal year 2005 unencumbered appropriations | 60734 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 60735 |
| direct the Director of Budget and Management to transfer an amount | 60736 |
| not to exceed the total fiscal year 2005 unencumbered | 60737 |
| appropriations to fiscal year 2006 for use within appropriation | 60738 |
| item 020-321, Operating Expenses. Additional appropriation | 60739 |
| authority equal to the amount certified by the Clerk is hereby | 60740 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 60741 |
| fiscal year 2006. | 60742 |
| On July 1, 2006, or as soon as possible thereafter, the Clerk | 60743 |
| of the Senate shall certify to the Director of Budget and | 60744 |
| Management the total fiscal year 2006 unencumbered appropriations | 60745 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 60746 |
| direct the Director of Budget and Management to transfer an amount | 60747 |
| not to exceed the total fiscal year 2006 unencumbered | 60748 |
| appropriations to fiscal year 2007 for use within appropriation | 60749 |
| item 020-321, Operating Expenses. Additional appropriation | 60750 |
| authority equal to the amount certified by the Clerk is hereby | 60751 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 60752 |
| fiscal year 2007. | 60753 |
| Section 209.99. CSF COMMISSIONERS OF THE SINKING FUND | 60754 |
| Debt Service Fund Group | 60755 |
| 072 | 155-902 | Highway Capital Improvements Bond Retirement Fund | $ | 180,620,600 | $ | 196,464,900 | 60756 | ||||
| 073 | 155-903 | Natural Resources Bond Retirement | $ | 26,166,000 | $ | 24,659,100 | 60757 | ||||
| 074 | 155-904 | Conservation Projects Bond Service Fund | $ | 14,687,300 | $ | 17,668,800 | 60758 | ||||
| 076 | 155-906 | Coal Research and Development Bond Retirement Fund | $ | 7,071,100 | $ | 8,980,800 | 60759 | ||||
| 077 | 155-907 | State Capital Improvements Bond Retirement Fund | $ | 163,131,400 | $ | 174,545,100 | 60760 | ||||
| 078 | 155-908 | Common Schools Bond Retirement Fund | $ | 200,724,700 | $ | 236,911,500 | 60761 | ||||
| 079 | 155-909 | Higher Education Bond Retirement Fund | $ | 140,600,300 | $ | 158,114,100 | 60762 | ||||
| TOTAL DSF Debt Service Fund Group | $ | 733,001,400 | $ | 817,344,300 | 60763 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 733,001,400 | $ | 817,344,300 | 60764 | ||||||
| ADDITIONAL APPROPRIATIONS | 60765 |
| Appropriation items in this section are for the purpose of | 60766 |
| paying debt service and financing costs on bonds or notes of the | 60767 |
| state issued under the Ohio Constitution and acts of the General | 60768 |
| Assembly. If it is determined that additional appropriations are | 60769 |
| necessary for this purpose, such amounts are appropriated. | 60770 |
| Section 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 60771 |
| AUDIOLOGY | 60772 |
| General Services Fund Group | 60773 |
| 4K9 | 886-609 | Operating Expenses | $ | 408,864 | $ | 0 | 60774 | ||||
| TOTAL GSF General Services | 60775 | ||||||||||
| Fund Group | $ | 408,864 | $ | 0 | 60776 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 408,864 | $ | 0 | 60777 | ||||||
| Section 212.06. BTA BOARD OF TAX APPEALS | 60779 |
| General Revenue Fund | 60780 |
| GRF | 116-321 | Operating Expenses | $ | 2,155,055 | $ | 2,211,035 | 60781 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,155,055 | $ | 2,211,035 | 60782 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,155,055 | $ | 2,211,035 | 60783 | ||||||
| Section 212.09. TAX DEPARTMENT OF TAXATION | 60785 |
| General Revenue Fund | 60786 |
| GRF | 110-321 | Operating Expenses | $ | 91,439,754 | $ | 91,439,754 | 60787 | ||||
| GRF | 110-412 | Child Support Administration | $ | 71,988 | $ | 71,988 | 60788 | ||||
| GRF | 110-901 | Property Tax Allocation - Taxation | $ | 430,102,680 | $ | 409,946,241 | 60789 | ||||
| GRF | 110-906 | Tangible Tax Exemption - Taxation | $ | 18,355,923 | $ | 13,766,942 | 60790 | ||||
| TOTAL GRF General Revenue Fund | $ | 539,970,345 | $ | 515,224,925 | 60791 | ||||||
| Agency Fund Group | 60792 |
| 095 | 110-901 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 60793 | ||||
| 425 | 110-635 | Tax Refunds | $ | 1,483,900,000 | $ | 1,582,700,000 | 60794 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,504,900,000 | $ | 1,603,700,000 | 60795 | ||||||
| General Services Fund Group | 60796 |
| 228 | 110-628 | Tax Reform System Implementation | $ | 7,000,000 | $ | 7,000,000 | 60797 | ||||
| 433 | 110-602 | Tape File Account | $ | 96,165 | $ | 96,165 | 60798 | ||||
| 5W4 | 110-625 | Centralized Tax Filing and Payment | $ | 2,500,000 | $ | 2,000,000 | 60799 | ||||
| 5W7 | 110-627 | Exempt Facility Administration | $ | 36,000 | $ | 36,000 | 60800 | ||||
| TOTAL GSF General Services | 60801 | ||||||||||
| Fund Group | $ | 9,632,165 | $ | 9,132,165 | 60802 | ||||||
| Federal Special Revenue Fund Group | 60803 |
| 3J6 | 110-601 | Motor Fuel Compliance | $ | 25,000 | $ | 25,000 | 60804 | ||||
| TOTAL FED Federal Special Revenue | 60805 | ||||||||||
| Fund Group | $ | 25,000 | $ | 25,000 | 60806 | ||||||
| State Special Revenue Fund Group | 60807 |
| 4C6 | 110-616 | International Registration Plan | $ | 706,855 | $ | 706,855 | 60808 | ||||
| 4R6 | 110-610 | Tire Tax Administration | $ | 65,000 | $ | 65,000 | 60809 | ||||
| 435 | 110-607 | Local Tax Administration | $ | 15,880,987 | $ | 16,394,879 | 60810 | ||||
| 436 | 110-608 | Motor Vehicle Audit | $ | 1,350,000 | $ | 1,350,000 | 60811 | ||||
| 437 | 110-606 | Litter Tax and Natural Resource Tax Administration | $ | 625,232 | $ | 625,232 | 60812 | ||||
| 438 | 110-609 | School District Income Tax | $ | 2,599,999 | $ | 2,599,999 | 60813 | ||||
| 5N5 | 110-605 | Municipal Income Tax Administration | $ | 265,000 | $ | 265,000 | 60814 | ||||
| 5N6 | 110-618 | Kilowatt Hour Tax Administration | $ | 85,000 | $ | 85,000 | 60815 | ||||
| 5V7 | 110-622 | Motor Fuel Tax Administration | $ | 4,268,345 | $ | 4,397,263 | 60816 | ||||
| 5V8 | 110-623 | Property Tax Administration | $ | 12,758,643 | $ | 12,967,102 | 60817 | ||||
| 639 | 110-614 | Cigarette Tax Enforcement | $ | 168,925 | $ | 168,925 | 60818 | ||||
| 642 | 110-613 | Ohio Political Party Distributions | $ | 600,000 | $ | 600,000 | 60819 | ||||
| 688 | 110-615 | Local Excise Tax Administration | $ | 300,000 | $ | 300,000 | 60820 | ||||
| TOTAL SSR State Special Revenue | 60821 | ||||||||||
| Fund Group | $ | 39,673,986 | $ | 40,525,255 | 60822 | ||||||
| Holding Account Redistribution Fund Group | 60823 |
| R10 | 110-611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 60824 | ||||
| R11 | 110-612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 60825 | ||||
| TOTAL 090 Holding Account | 60826 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 60827 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,094,301,496 | $ | 2,168,707,345 | 60828 | ||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 60829 |
| EXEMPTION | 60830 |
| The foregoing appropriation item 110-901, Property Tax | 60831 |
| Allocation - Taxation, is hereby appropriated to pay for the | 60832 |
| state's costs incurred because of the Homestead Exemption, the | 60833 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 60834 |
| Rollback. The Tax Commissioner shall distribute these funds | 60835 |
| directly to the appropriate local taxing districts, except for | 60836 |
| school districts, notwithstanding the provisions in sections | 60837 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 60838 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 60839 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 60840 |
| appropriate county treasurer and the subsequent redistribution of | 60841 |
| these funds to the appropriate local taxing districts by the | 60842 |
| county auditor. | 60843 |
| The foregoing appropriation item 110-906, Tangible Tax | 60844 |
| Exemption - Taxation, is hereby appropriated to pay for the | 60845 |
| state's costs incurred because of the tangible personal property | 60846 |
| tax exemption required by division (C)(3) of section 5709.01 of | 60847 |
| the Revised Code. The Tax Commissioner shall distribute to each | 60848 |
| county treasurer the total amount appearing in the notification | 60849 |
| from the county treasurer under division (G) of section 321.24 of | 60850 |
| the Revised Code for all local taxing districts located in the | 60851 |
| county except for school districts, notwithstanding the provision | 60852 |
| in section 321.24 of the Revised Code which provides for payment | 60853 |
| of the $10,000 tangible personal property tax exemption by the Tax | 60854 |
| Commissioner to the appropriate county treasurer for all local | 60855 |
| taxing districts located in the county including school districts. | 60856 |
| The county auditor shall distribute the amount paid by the Tax | 60857 |
| Commissioner among the appropriate local taxing districts except | 60858 |
| for school districts under division (G) of section 321.24 of the | 60859 |
| Revised Code. | 60860 |
| Upon receipt of these amounts, each local taxing district | 60861 |
| shall distribute the amount among the proper funds as if it had | 60862 |
| been paid as real or tangible personal property taxes. Payments | 60863 |
| for the costs of administration shall continue to be paid to the | 60864 |
| county treasurer and county auditor as provided for in sections | 60865 |
| 319.54, 321.26, and 323.156 of the Revised Code. | 60866 |
| Any sums, in addition to the amounts specifically | 60867 |
| appropriated in appropriation items 110-901, Property Tax | 60868 |
| Allocation - Taxation, for the Homestead Exemption, the | 60869 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 60870 |
| Rollback payments, and 110-906, Tangible Tax Exemption - Taxation, | 60871 |
| for the $10,000 tangible personal property tax exemption payments, | 60872 |
| which are determined to be necessary for these purposes, are | 60873 |
| hereby appropriated. | 60874 |
| MUNICIPAL INCOME TAX | 60875 |
| The foregoing appropriation item 110-901, Municipal Income | 60876 |
| Tax, shall be used to make payments to municipal corporations | 60877 |
| under section 5745.05 of the Revised Code. If it is determined | 60878 |
| that additional appropriations are necessary to make these | 60879 |
| payments, such amounts are hereby appropriated. | 60880 |
| TAX REFUNDS | 60881 |
| The foregoing appropriation item 110-635, Tax Refunds, shall | 60882 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 60883 |
| If it is determined that additional appropriations are necessary | 60884 |
| for this purpose, such amounts are hereby appropriated. | 60885 |
| TAX REFORM SYSTEM IMPLEMENTATION FUND | 60886 |
| Notwithstanding section 3734.9010, division (B)(2)(c) of | 60887 |
| section 4505.09, division (B) of section 5703.12, section 5703.80, | 60888 |
| division (C)(6) of section 5727.81, sections 5733.122 and | 60889 |
| 5735.053, division (C) of section 5739.21, section 5745.03, | 60890 |
| division (C) of section 5747.03, and section 5747.113 of the | 60891 |
| Revised Code and any other statutory provision to the contrary, | 60892 |
| any residual cash balances determined and certified by the Tax | 60893 |
| Commissioner to the Director of Budget and Management shall be | 60894 |
| transferred on July 1, 2005, or as soon as possible thereafter, to | 60895 |
| the Tax Reform System Implementation Fund (Fund 228), which is | 60896 |
| hereby created in the State Treasury. The fund shall be used to | 60897 |
| pay expenses incurred by the Department of Taxation in providing | 60898 |
| an integrated tax system that will accommodate the needs of tax | 60899 |
| reform and allow for improved customer service, processing | 60900 |
| efficiency, compliance enforcement, and reporting. | 60901 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 60902 |
| The foregoing appropriation item 110-616, International | 60903 |
| Registration Plan, shall be used under section 5703.12 of the | 60904 |
| Revised Code for audits of persons with vehicles registered under | 60905 |
| the International Registration Plan. | 60906 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 60907 |
| Of the foregoing appropriation item 110-607, Local Tax | 60908 |
| Administration, the Tax Commissioner may disburse funds, if | 60909 |
| available, for the purposes of paying travel expenses incurred by | 60910 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 60911 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 60912 |
| expense reimbursement paid for by the Department of Taxation shall | 60913 |
| be done in accordance with applicable state laws and guidelines. | 60914 |
| LITTER CONTROL TAX ADMINISTRATION FUND | 60915 |
| Notwithstanding section 5733.12 of the Revised Code, during | 60916 |
| the period from July 1, 2005, to June 30, 2006, the amount of | 60917 |
| $625,232, and during the period from July 1, 2006, to June 30, | 60918 |
| 2007, the amount of $625,232, received by the Tax Commissioner | 60919 |
| under Chapter 5733. of the Revised Code, shall be credited to the | 60920 |
| Litter Control Tax Administration Fund (Fund 437). | 60921 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 60922 |
| The Director of Budget and Management, under a plan submitted | 60923 |
| by the Tax Commissioner, or as otherwise determined by the | 60924 |
| Director of Budget and Management, shall set a schedule to | 60925 |
| transfer cash from the General Revenue Fund to the credit of the | 60926 |
| Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers | 60927 |
| of cash shall not exceed $4,500,000 in the biennium. | 60928 |
| Section 212.12. DOT DEPARTMENT OF TRANSPORTATION | 60929 |
| 60930 |
| General Revenue Fund | 60931 |
| GRF | 775-451 | Public Transportation - State | $ | 16,300,000 | $ | 16,300,000 | 60932 | ||||
| GRF | 776-465 | Ohio Rail Development Commission | $ | 2,700,000 | $ | 2,700,000 | 60933 | ||||
| GRF | 776-466 | Railroad Crossing/Grade Separation | $ | 789,600 | $ | 789,600 | 60934 | ||||
| GRF | 777-471 | Airport Improvements - State | $ | 1,793,985 | $ | 1,793,985 | 60935 | ||||
| GRF | 777-473 | Rickenbacker Lease Payments - State | $ | 594,500 | $ | 320,300 | 60936 | ||||
| TOTAL GRF General Revenue Fund | $ | 22,178,085 | $ | 21,903,885 | 60937 | ||||||
| Federal Special Revenue Fund Group | 60938 |
| 3B9 | 776-662 | Rail Transportation - Federal | $ | 10,000 | $ | 10,000 | 60939 | ||||
| TOTAL FSR Federal Special Revenue | 60940 | ||||||||||
| Fund Group | $ | 10,000 | $ | 10,000 | 60941 | ||||||
| State Special Revenue Fund Group | 60942 |
| 4N4 | 776-663 | Panhandle Lease Reserve Payments | $ | 764,400 | $ | 764,400 | 60943 | ||||
| 4N4 | 776-664 | Rail Transportation - Other | $ | 2,111,500 | $ | 2,111,500 | 60944 | ||||
| 5W9 | 777-615 | County Airport Maintenance Assistance | $ | 570,000 | $ | 570,000 | 60945 | ||||
| TOTAL SSR State Special Revenue | 60946 | ||||||||||
| Fund Group | $ | 3,445,900 | $ | 3,445,900 | 60947 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 25,633,985 | $ | 25,359,785 | 60948 | ||||||
| ELDERLY AND DISABLED FARE ASSISTANCE | 60949 |
| Of the foregoing appropriation item 775-451, Public | 60950 |
| Transportation - State, up to $6,000,000 in fiscal year 2006 and | 60951 |
| $7,000,000 in fiscal year 2007 may be used to make grants to | 60952 |
| county transit boards, regional transit authorities, regional | 60953 |
| transit commissions, counties, municipal corporations, and private | 60954 |
| nonprofit organizations that operate or will operate public | 60955 |
| transportation systems, for the purpose of reducing the transit | 60956 |
| fares of elderly or disabled persons. The Director of | 60957 |
| Transportation shall establish criteria for the distribution of | 60958 |
| these grants under division (B) of section 5501.07 of the Revised | 60959 |
| Code. | 60960 |
| AVIATION LEASE PAYMENTS | 60961 |
| The foregoing appropriation item 777-473, Rickenbacker Lease | 60962 |
| Payments - State, shall be used to meet scheduled payments for the | 60963 |
| Rickenbacker Port Authority. The Director of Transportation shall | 60964 |
| certify to the Director of Budget and Management any | 60965 |
| appropriations in appropriation item 777-473, Rickenbacker Lease | 60966 |
| Payments - State, that are not needed to make lease payments for | 60967 |
| the Rickenbacker Port Authority. Notwithstanding section 127.14 of | 60968 |
| the Revised Code, the amount certified may be transferred by the | 60969 |
| Director of Budget and Management to appropriation item 777-471, | 60970 |
| Airport Improvements - State. | 60971 |
| Section 212.15. TOS TREASURER OF STATE | 60972 |
| General Revenue Fund | 60973 |
| GRF | 090-321 | Operating Expenses | $ | 9,041,937 | $ | 9,041,937 | 60974 | ||||
| GRF | 090-401 | Office of the Sinking | $ | 521,576 | $ | 521,576 | 60975 | ||||
| Fund | 60976 | ||||||||||
| GRF | 090-402 | Continuing Education | $ | 435,770 | $ | 435,770 | 60977 | ||||
| GRF | 090-524 | Police and Fire | $ | 25,000 | $ | 20,000 | 60978 | ||||
| Disability Pension Fund | 60979 | ||||||||||
| GRF | 090-534 | Police & Fire Ad Hoc Cost | $ | 180,000 | $ | 150,000 | 60980 | ||||
| of Living | 60981 | ||||||||||
| GRF | 090-554 | Police and Fire Survivor | $ | 1,100,000 | $ | 1,000,000 | 60982 | ||||
| Benefits | 60983 | ||||||||||
| GRF | 090-575 | Police and Fire Death | $ | 20,000,000 | $ | 20,000,000 | 60984 | ||||
| Benefits | 60985 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 31,304,283 | $ | 31,169,283 | 60986 | ||||||
| Agency Fund Group | 60987 |
| 425 | 090-635 | Tax Refunds | $ | 31,000,000 | $ | 31,000,000 | 60988 | ||||
| TOTAL Agency Fund Group | $ | 31,000,000 | $ | 31,000,000 | 60989 | ||||||
| General Services Fund Group | 60990 |
| 4E9 | 090-603 | Securities Lending Income | $ | 2,721,800 | $ | 2,814,000 | 60991 | ||||
| 577 | 090-605 | Investment Pool | $ | 550,000 | $ | 550,000 | 60992 | ||||
| Reimbursement | 60993 | ||||||||||
| 605 | 090-609 | Treasurer of State | $ | 700,000 | $ | 700,000 | 60994 | ||||
| Administrative Fund | 60995 | ||||||||||
| TOTAL GSF General Services | 60996 | ||||||||||
| Fund Group | $ | 3,971,800 | $ | 4,064,000 | 60997 | ||||||
| State Special Revenue Fund Group | 60998 |
| 5C5 | 090-602 | County Treasurer Education | $ | 135,000 | $ | 135,000 | 60999 | ||||
| TOTAL SSR State Special Revenue | 61000 | ||||||||||
| Fund Group | $ | 135,000 | $ | 135,000 | 61001 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 66,411,083 | $ | 66,368,283 | 61002 | ||||||
| Section 212.15.03. OFFICE OF THE SINKING FUND | 61004 |
| The foregoing appropriation item 090-401, Office of the | 61005 |
| Sinking Fund, shall be used for financing and other costs incurred | 61006 |
| by or on behalf of the Commissioners of the Sinking Fund, the Ohio | 61007 |
| Public Facilities Commission or its secretary, or the Treasurer of | 61008 |
| State, with respect to State of Ohio general obligation bonds or | 61009 |
| notes, including, but not limited to, printing, advertising, | 61010 |
| delivery, rating fees and the procurement of ratings, professional | 61011 |
| publications, membership in professional organizations, and | 61012 |
| services referred to in division (D) of section 151.01 of the | 61013 |
| Revised Code. The General Revenue Fund shall be reimbursed for | 61014 |
| such costs by intrastate transfer voucher pursuant to a | 61015 |
| certification by the Office of the Sinking Fund of the actual | 61016 |
| amounts used. The amounts necessary to make such reimbursements | 61017 |
| are appropriated from the general obligation bond retirement funds | 61018 |
| created by the Constitution and laws to the extent such costs are | 61019 |
| incurred. | 61020 |
| POLICE AND FIRE DEATH BENEFIT FUND | 61021 |
| The foregoing appropriation item 090-575, Police and Fire | 61022 |
| Death Benefits, shall be disbursed annually by the Treasurer of | 61023 |
| State at the beginning of each fiscal year to the Board of | 61024 |
| Trustees of the Ohio Police and Fire Pension Fund. By the | 61025 |
| twentieth day of June of each fiscal year, the Board of Trustees | 61026 |
| of the Ohio Police and Fire Pension Fund shall certify to the | 61027 |
| Treasurer of State the amount disbursed in the current fiscal year | 61028 |
| to make the payments required by section 742.63 of the Revised | 61029 |
| Code and shall return to the Treasurer of State moneys received | 61030 |
| from this appropriation item but not disbursed. | 61031 |
| TAX REFUNDS | 61032 |
| The foregoing appropriation item 090-635, Tax Refunds, shall | 61033 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 61034 |
| If the Director of Budget and Management determines that | 61035 |
| additional amounts are necessary for this purpose, such amounts | 61036 |
| are hereby appropriated. | 61037 |
| Section 212.18. UST PETROLEUM UNDERGROUND STORAGE TANK | 61038 |
| RELEASE COMPENSATION BOARD | 61039 |
| Agency Fund Group | 61040 |
| 691 | 810-632 | PUSTRCB Staff | $ | 1,075,158 | $ | 1,116,658 | 61041 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,075,158 | $ | 1,116,658 | 61042 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,075,158 | $ | 1,116,658 | 61043 | ||||||
| Section 212.21. TTA OHIO TUITION TRUST AUTHORITY | 61045 |
| State Special Revenue Fund Group | 61046 |
| 5AM | 095-603 | Index Savings Plan | $ | 2,866,240 | $ | 3,104,865 | 61047 | ||||
| 5P3 | 095-602 | Variable College Savings Fund | $ | 2,042,486 | $ | 2,118,568 | 61048 | ||||
| 645 | 095-601 | Operating Expenses | $ | 807,260 | $ | 891,173 | 61049 | ||||
| TOTAL SSR State Special Revenue | 61050 | ||||||||||
| Fund Group | $ | 5,715,986 | $ | 6,114,606 | 61051 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,715,986 | $ | 6,114,606 | 61052 | ||||||
| Section 212.24. OVH OHIO VETERANS' HOME | 61054 |
| General Revenue Fund | 61055 |
| GRF | 430-100 | Personal Services | $ | 19,685,007 | $ | 19,989,167 | 61056 | ||||
| GRF | 430-200 | Maintenance | $ | 6,396,200 | $ | 6,396,200 | 61057 | ||||
| TOTAL GRF General Revenue Fund | $ | 26,081,207 | $ | 26,385,367 | 61058 | ||||||
| General Services Fund Group | 61059 |
| 484 | 430-603 | Rental and Service Revenue | $ | 882,737 | $ | 882,737 | 61060 | ||||
| TOTAL GSF General Services Fund Group | $ | 882,737 | $ | 882,737 | 61061 | ||||||
| Federal Special Revenue Fund Group | 61062 |
| 3L2 | 430-601 | Federal VA Per Diem Grant | $ | 14,990,510 | $ | 15,290,320 | 61063 | ||||
| TOTAL FED Federal Special Revenue | 61064 | ||||||||||
| Fund Group | $ | 14,990,510 | $ | 15,290,320 | 61065 | ||||||
| State Special Revenue Fund Group | 61066 |
| 4E2 | 430-602 | Veterans Home Operating | $ | 8,322,731 | $ | 8,530,800 | 61067 | ||||
| 604 | 430-604 | Veterans Home Improvement | $ | 770,096 | $ | 770,096 | 61068 | ||||
| TOTAL SSR State Special Revenue | 61069 | ||||||||||
| Fund Group | $ | 9,092,827 | $ | 9,300,896 | 61070 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 51,047,281 | $ | 51,859,320 | 61071 | ||||||
| Section 212.27. VET VETERANS' ORGANIZATIONS | 61073 |
| General Revenue Fund | 61074 |
| 61075 |
| GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 61076 |
| 61077 |
| GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 61078 |
| 61079 |
| GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 61080 |
| 61081 |
| GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 61082 |
| 61083 |
| GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 61084 |
| 61085 |
| GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 61086 |
| 61087 |
| GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 61088 |
| 61089 |
| GRF | 752-501 | State Support | $ | 252,328 | $ | 252,328 | 61090 |
| 61091 |
| GRF | 753-501 | State Support | $ | 237,919 | $ | 237,919 | 61092 |
| 61093 |
| GRF | 754-501 | State Support | $ | 166,308 | $ | 166,308 | 61094 |
| 61095 |
| GRF | 756-501 | State Support | $ | 85,972 | $ | 85,972 | 61096 |
| 61097 |
| GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 61098 |
| 61099 |
| GRF | 758-501 | State Support | $ | 196,615 | $ | 196,615 | 61100 |
| TOTAL GRF General Revenue Fund | $ | 1,404,619 | $ | 1,404,619 | 61101 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,404,619 | $ | 1,404,619 | 61102 | ||||||
| RELEASE OF FUNDS | 61103 |
| The foregoing appropriation items 743-501, 746-501, 747-501, | 61104 |
| 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 61105 |
| 756-501, 757-501, and 758-501, State Support, shall be released | 61106 |
| upon approval by the Director of Budget and Management. | 61107 |
| CENTRAL OHIO UNITED SERVICES ORGANIZATION | 61108 |
| Of the foregoing appropriation item 751-501, State Support, | 61109 |
| Vietnam Veterans of America, $50,000 in each fiscal year shall be | 61110 |
| used to support the activities of the Central Ohio USO. | 61111 |
| VETERANS SERVICE COMMISSION EDUCATION | 61112 |
| Of the foregoing appropriation item 753-501, State Support, | 61113 |
| AMVETS, up to $20,000 in each fiscal year may be used to provide | 61114 |
| moneys to the Association of County Veterans Service Commissioners | 61115 |
| to reimburse its member county veterans service commissions for | 61116 |
| costs incurred in carrying out educational and outreach duties | 61117 |
| required under divisions (E) and (F) of section 5901.03 of the | 61118 |
| Revised Code. The Director of Budget and Management shall release | 61119 |
| these funds upon the presentation of an itemized receipt, approved | 61120 |
| by the Governor's Office of Veterans Affairs, from the association | 61121 |
| for reasonable and appropriate expenses incurred while performing | 61122 |
| these duties. The association shall establish uniform procedures | 61123 |
| for reimbursing member commissions. | 61124 |
| Section 212.30. DVM STATE VETERINARY MEDICAL BOARD | 61125 |
| General Services Fund Group | 61126 |
| 4K9 | 888-609 | Operating Expenses | $ | 353,691 | $ | 0 | 61127 | ||||
| TOTAL GSF General Services | 61128 | ||||||||||
| Fund Group | $ | 353,691 | $ | 0 | 61129 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 353,691 | $ | 0 | 61130 | ||||||
| Section 212.33. DYS DEPARTMENT OF YOUTH SERVICES | 61132 |
| General Revenue Fund | 61133 |
| GRF | 470-401 | RECLAIM Ohio | $ | 177,016,683 | $ | 182,084,588 | 61134 | ||||
| GRF | 470-412 | Lease Rental Payments | $ | 20,267,500 | $ | 21,882,700 | 61135 | ||||
| GRF | 470-510 | Youth Services | $ | 18,608,587 | $ | 18,608,587 | 61136 | ||||
| GRF | 472-321 | Parole Operations | $ | 14,358,995 | $ | 14,962,871 | 61137 | ||||
| GRF | 477-321 | Administrative Operations | $ | 14,239,494 | $ | 14,754,420 | 61138 | ||||
| TOTAL GRF General Revenue Fund | $ | 244,491,259 | $ | 252,293,166 | 61139 | ||||||
| General Services Fund Group | 61140 |
| 175 | 470-613 | Education Reimbursement | $ | 10,112,529 | $ | 9,450,598 | 61141 | ||||
| 4A2 | 470-602 | Child Support | $ | 320,641 | $ | 328,657 | 61142 | ||||
| 4G6 | 470-605 | General Operational Funds | $ | 10,000 | $ | 10,000 | 61143 | ||||
| 479 | 470-609 | Employee Food Service | $ | 141,466 | $ | 137,666 | 61144 | ||||
| 523 | 470-621 | Wellness Program | $ | 46,937 | $ | 0 | 61145 | ||||
| 6A5 | 470-616 | Building Demolition | $ | 31,100 | $ | 0 | 61146 | ||||
| TOTAL GSF General Services | 61147 | ||||||||||
| Fund Group | $ | 10,662,673 | $ | 9,926,921 | 61148 | ||||||
| Federal Special Revenue Fund Group | 61149 |
| 3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 4,254,745 | $ | 4,254,746 | 61150 | ||||
| 3W0 | 470-611 | Federal Juvenile Programs FFY 02 | $ | 222,507 | $ | 0 | 61151 | ||||
| 3Z8 | 470-625 | Federal Juvenile Programs FFY 04 | $ | 1,500,001 | $ | 773,812 | 61152 | ||||
| 3Z9 | 470-626 | Federal Juvenile Programs FFY 05 | $ | 465,000 | $ | 0 | 61153 | ||||
| 321 | 470-601 | Education | $ | 1,422,580 | $ | 1,465,399 | 61154 | ||||
| 321 | 470-603 | Juvenile Justice Prevention | $ | 1,981,169 | $ | 2,006,505 | 61155 | ||||
| 321 | 470-606 | Nutrition | $ | 2,471,550 | $ | 2,470,655 | 61156 | ||||
| 321 | 470-614 | Title IV-E Reimbursements | $ | 4,960,589 | $ | 6,012,361 | 61157 | ||||
| 321 | 470-617 | Americorps Programs | $ | 456,000 | $ | 463,700 | 61158 | ||||
| TOTAL FED Federal Special Revenue | 61159 | ||||||||||
| Fund Group | $ | 17,734,141 | $ | 17,447,178 | 61160 | ||||||
| State Special Revenue Fund Group | 61161 |
| 147 | 470-612 | Vocational Education | $ | 1,937,784 | $ | 2,009,866 | 61162 | ||||
| 4W3 | 470-618 | Help Me Grow | $ | 11,000 | $ | 11,000 | 61163 | ||||
| 5BH | 470-628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 61164 | ||||
| TOTAL SSR State Special Revenue | 61165 | ||||||||||
| Fund Group | $ | 3,448,784 | $ | 3,520,866 | 61166 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 276,336,857 | $ | 283,188,131 | 61167 | ||||||
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 61168 |
| The foregoing appropriation item 470-412, Lease Rental | 61169 |
| Payments, in the Department of Youth Services, shall be used for | 61170 |
| payments to the Ohio Building Authority for the period from July | 61171 |
| 1, 2005, to June 30, 2007, under the primary leases and agreements | 61172 |
| for facilities made under Chapter 152. of the Revised Code, but | 61173 |
| limited to the aggregate amount of $42,150,200. This appropriation | 61174 |
| is the source of funds pledged for bond service charges on related | 61175 |
| obligations issued pursuant to Chapter 152. of the Revised Code. | 61176 |
| EDUCATION REIMBURSEMENT | 61177 |
| The foregoing appropriation item 470-613, Education | 61178 |
| Reimbursement, shall be used to fund the operating expenses of | 61179 |
| providing educational services to youth supervised by the | 61180 |
| Department of Youth Services. Operating expenses include, but are | 61181 |
| not limited to, teachers' salaries, maintenance costs, and | 61182 |
| educational equipment. This appropriation item may be used for | 61183 |
| capital expenses related to the education program. | 61184 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 61185 |
| Notwithstanding section 125.14 of the Revised Code, the | 61186 |
| foregoing appropriation item 470-609, Employee Food Service, may | 61187 |
| be used to purchase any food operational items with funds received | 61188 |
| into the fund from reimbursement for state surplus property. | 61189 |
| PARTNERSHIPS FOR SUCCESS | 61190 |
| In fiscal year 2006, the foregoing appropriation item | 61191 |
| 470-628, Partnerships for Success, shall be used to support the | 61192 |
| Partnerships for Success Project. On or before January 1, 2007, | 61193 |
| the Director of Budget and Management shall transfer any amount of | 61194 |
| cash that remains unspent in the Partnerships for Success Fund | 61195 |
| (Fund 5BH) to the Children's Trust Fund (Fund 198). | 61196 |
| FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF | 61197 |
| CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES | 61198 |
| Any business relating to the funds associated with the Office | 61199 |
| of Criminal Justice Services' appropriation item 196-602, Criminal | 61200 |
| Justice Federal Programs, commenced but not completed by the | 61201 |
| Office of Criminal Justice Services or its director shall be | 61202 |
| completed by the Department of Youth Services or its director in | 61203 |
| the same manner, and with the same effect, as if completed by the | 61204 |
| Office of Criminal Justice Services or its director. No | 61205 |
| validation, cure, right, privilege, remedy, obligation, or | 61206 |
| liability is lost or impaired by reason of the transfer and shall | 61207 |
| be administered by the Department of Youth Services. | 61208 |
| Any action or proceeding against the Office of Criminal | 61209 |
| Justice Services pending on the effective date of this section | 61210 |
| shall not be affected by the transfer of responsibility to the | 61211 |
| Department of Youth Services, and shall be prosecuted or defended | 61212 |
| in the name of the Department of Youth Services or its director. | 61213 |
| In all such actions and proceedings, the Department of Youth | 61214 |
| Services or its director upon application of the court shall be | 61215 |
| substituted as party. | 61216 |
| Section 303.03. EXPENDITURES AND APPROPRIATION INCREASES | 61217 |
| APPROVED BY THE CONTROLLING BOARD | 61218 |
| Any money that the Controlling Board approves for expenditure | 61219 |
| or any increase in appropriation authority that the Controlling | 61220 |
| Board approves under sections 127.14, 131.35, and 131.39 of the | 61221 |
| Revised Code or any other provision of law is hereby appropriated | 61222 |
| for the period ending June 30, 2007. | 61223 |
| Section 303.06. PERSONAL SERVICE EXPENSES | 61224 |
| Unless otherwise prohibited by law, any appropriation from | 61225 |
| which personal service expenses are paid shall bear the employer's | 61226 |
| share of public employees' retirement, workers' compensation, | 61227 |
| disabled workers' relief, and all group insurance programs; the | 61228 |
| costs of centralized accounting, centralized payroll processing, | 61229 |
| and related personnel reports and services; the cost of the Office | 61230 |
| of Collective Bargaining; the cost of the Personnel Board of | 61231 |
| Review; the cost of the Employee Assistance Program; the cost of | 61232 |
| the affirmative action and equal employment opportunity programs | 61233 |
| administered by the Department of Administrative Services; the | 61234 |
| costs of interagency information management infrastructure; and | 61235 |
| the cost of administering the state employee merit system as | 61236 |
| required by section 124.07 of the Revised Code. These costs shall | 61237 |
| be determined in conformity with the appropriate sections of law | 61238 |
| and paid in accordance with procedures specified by the Office of | 61239 |
| Budget and Management. Expenditures from appropriation item | 61240 |
| 070-601, Public Audit Expense - Local Government, in Fund 422 may | 61241 |
| be exempted from the requirements of this section. | 61242 |
| Section 303.09. RE-ISSUANCE OF VOIDED WARRANTS | 61243 |
| In order to provide funds for the reissuance of voided | 61244 |
| warrants under section 117.47 of the Revised Code, there is hereby | 61245 |
| appropriated, out of moneys in the state treasury from the fund | 61246 |
| credited as provided in section 117.47 of the Revised Code, that | 61247 |
| amount sufficient to pay such warrants when approved by the Office | 61248 |
| of Budget and Management. | 61249 |
| Section 303.12. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 61250 |
| AGAINST THE STATE | 61251 |
| Except as otherwise provided in this section, an | 61252 |
| appropriation in this act or any other act may be used for the | 61253 |
| purpose of satisfying judgments, settlements, or administrative | 61254 |
| awards ordered or approved by the Court of Claims or by any other | 61255 |
| court of competent jurisdiction in connection with civil actions | 61256 |
| against the state. This authorization does not apply to | 61257 |
| appropriations to be applied to or used for payment of guarantees | 61258 |
| by or on behalf of the state, or for payments under lease | 61259 |
| agreements relating to, or debt service on, bonds, notes, or other | 61260 |
| obligations of the state. Notwithstanding any other statute to the | 61261 |
| contrary, this authorization includes appropriations from funds | 61262 |
| into which proceeds or direct obligations of the state are | 61263 |
| deposited only to the extent that the judgment, settlement, or | 61264 |
| administrative award is for, or represents, capital costs for | 61265 |
| which the appropriation may otherwise be used and is consistent | 61266 |
| with the purpose for which any related obligations were issued or | 61267 |
| entered into. Nothing contained in this section is intended to | 61268 |
| subject the state to suit in any forum in which it is not | 61269 |
| otherwise subject to suit, and is not intended to waive or | 61270 |
| compromise any defense or right available to the state in any suit | 61271 |
| against it. | 61272 |
| Section 303.13. CAPITAL PROJECT SETTLEMENTS | 61273 |
| This section specifies an additional and supplemental | 61274 |
| procedure to provide for payments of judgments and settlements if | 61275 |
| the Director of Budget and Management determines, pursuant to | 61276 |
| division (C)(4) of section 2743.19 of the Revised Code, that | 61277 |
| sufficient unencumbered moneys do not exist in the particular | 61278 |
| appropriation to pay the amount of a final judgment rendered | 61279 |
| against the state or a state agency, including the settlement of a | 61280 |
| claim approved by a court, in an action upon and arising out of a | 61281 |
| contractual obligation for the construction or improvement of a | 61282 |
| capital facility if the costs under the contract were payable in | 61283 |
| whole or in part from a state capital projects appropriation. In | 61284 |
| such a case, the director may either proceed pursuant to division | 61285 |
| (C)(4) of section 2743.19 of the Revised Code or apply to the | 61286 |
| Controlling Board to increase an appropriation or create an | 61287 |
| appropriation out of any unencumbered moneys in the state treasury | 61288 |
| to the credit of the capital projects fund from which the initial | 61289 |
| state appropriation was made. The Controlling Board may approve or | 61290 |
| disapprove the application as submitted or modified. The amount of | 61291 |
| an increase in appropriation or new appropriation specified in an | 61292 |
| application approved by the Controlling Board is hereby | 61293 |
| appropriated from the applicable capital projects fund and made | 61294 |
| available for the payment of the judgment or settlement. | 61295 |
| If the director does not make the application authorized by | 61296 |
| this section or the Controlling Board disapproves the application, | 61297 |
| and the director does not make application under division (C)(4) | 61298 |
| of section 2743.19 of the Revised Code, the director shall for the | 61299 |
| purpose of making that payment make a request to the General | 61300 |
| Assembly as provided for in division (C)(5) of that section. | 61301 |
| Section 303.18. INCOME TAX DISTRIBUTION TO COUNTIES | 61302 |
| There are hereby appropriated out of any moneys in the state | 61303 |
| treasury to the credit of the General Revenue Fund, which are not | 61304 |
| otherwise appropriated, funds sufficient to make any payment | 61305 |
| required by division (B)(2) of section 5747.03 of the Revised | 61306 |
| Code. | 61307 |
| Section 303.21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 61308 |
| BALANCES OF OPERATING APPROPRIATIONS | 61309 |
| An unexpended balance of an operating appropriation or | 61310 |
| reappropriation that a state agency lawfully encumbered prior to | 61311 |
| the close of a fiscal year is reappropriated on the first day of | 61312 |
| July of the following fiscal year from the fund from which it was | 61313 |
| originally appropriated or reappropriated for the following period | 61314 |
| and shall remain available only for the purpose of discharging the | 61315 |
| encumbrance: | 61316 |
| (A) For an encumbrance for personal services, maintenance, | 61317 |
| equipment, or items for resale, other than an encumbrance for an | 61318 |
| item of special order manufacture not available on term contract | 61319 |
| or in the open market or for reclamation of land or oil and gas | 61320 |
| wells for a period of not more than five months from the end of | 61321 |
| the fiscal year; | 61322 |
| (B) For an encumbrance for an item of special order | 61323 |
| manufacture not available on term contract or in the open market, | 61324 |
| for a period of not more than five months from the end of the | 61325 |
| fiscal year or, with the written approval of the Director of | 61326 |
| Budget and Management, for a period of not more than twelve months | 61327 |
| from the end of the fiscal year; | 61328 |
| (C) For an encumbrance for reclamation of land or oil and gas | 61329 |
| wells, for a period ending when the encumbered appropriation is | 61330 |
| expended or for a period of two years, whichever is less; | 61331 |
| (D) For an encumbrance for any other expense, for such period | 61332 |
| as the director approves, provided such period does not exceed two | 61333 |
| years. | 61334 |
| Any operating appropriations for which unexpended balances | 61335 |
| are reappropriated beyond a five-month period from the end of the | 61336 |
| fiscal year by division (B) of this section shall be reported to | 61337 |
| the Controlling Board by the Director of Budget and Management by | 61338 |
| the thirty-first day of December of each year. The report on each | 61339 |
| such item shall include the item, the cost of the item, and the | 61340 |
| name of the vendor. The report shall be updated on a quarterly | 61341 |
| basis for encumbrances remaining open. | 61342 |
| Upon the expiration of the reappropriation period set out in | 61343 |
| divisions (A), (B), (C), or (D) of this section, a reappropriation | 61344 |
| made by this section lapses, and the Director of Budget and | 61345 |
| Management shall cancel the encumbrance of the unexpended | 61346 |
| reappropriation not later than the end of the weekend following | 61347 |
| the expiration of the reappropriation period. | 61348 |
| Notwithstanding the preceding paragraph, with the approval of | 61349 |
| the Director of Budget and Management, an unexpended balance of an | 61350 |
| encumbrance that was reappropriated on the first day of July by | 61351 |
| this section for a period specified in division (C) or (D) of this | 61352 |
| section and that remains encumbered at the close of the fiscal | 61353 |
| biennium is hereby reappropriated on the first day of July of the | 61354 |
| following fiscal biennium from the fund from which it was | 61355 |
| originally appropriated or reappropriated for the applicable | 61356 |
| period specified in division (C) or (D) of this section and shall | 61357 |
| remain available only for the purpose of discharging the | 61358 |
| encumbrance. | 61359 |
| The Director of Budget and Management may correct accounting | 61360 |
| errors committed by the staff of the Office of Budget and | 61361 |
| Management, such as re-establishing encumbrances or appropriations | 61362 |
| cancelled in error, during the cancellation of operating | 61363 |
| encumbrances in November and of non-operating encumbrances in | 61364 |
| December. | 61365 |
| If the Controlling Board approved a purchase, that approval | 61366 |
| remains in effect so long as the appropriation used to make that | 61367 |
| purchase remains encumbered. | 61368 |
| Section 306.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 61369 |
| The maximum amounts that may be assessed against nuclear | 61370 |
| electric utilities under division (B)(2) of section 4937.05 of the | 61371 |
| Revised Code are as follows: | 61372 |
| FY 2006 | FY 2007 | 61373 | |||||
| Department of Agriculture | 61374 | ||||||
| Fund 4E4 Utility Radiological Safety | $73,059 | $73,059 | 61375 | ||||
| Department of Health | 61376 | ||||||
| Fund 610 Radiation Emergency Response | $850,000 | 850,000 | 61377 | ||||
| Environmental Protection Agency | 61378 | ||||||
| Fund 644 ER Radiological Safety | $286,114 | $286,114 | 61379 | ||||
| Emergency Management Agency | 61380 | ||||||
| Fund 657 Utility Radiological Safety | $1,260,000 | $1,260,000 | 61381 | ||||
| Section 312.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM | 61382 |
| NON-FEDERAL NON-GRF FUNDS | 61383 |
| Notwithstanding any other provision of law to the contrary, | 61384 |
| during fiscal years 2006 and 2007, the Director of Budget and | 61385 |
| Management is hereby authorized to transfer cash from non-federal, | 61386 |
| non-General Revenue Fund funds that are not constitutionally | 61387 |
| restricted to the General Revenue Fund. The total amount of cash | 61388 |
| transfers made pursuant to this section to the General Revenue | 61389 |
| Fund during fiscal years 2006 and 2007 shall not exceed | 61390 |
| $60,000,000. | 61391 |
| Section 312.06. TRANSFERS TO THE GENERAL REVENUE FUND OF | 61392 |
| INTEREST EARNED | 61393 |
| Notwithstanding any provision of Ohio law to the contrary, | 61394 |
| the Director of Budget and Management, through June 30, 2007, may | 61395 |
| transfer interest earned by any fund in the Central Accounting | 61396 |
| System to the General Revenue Fund. This section does not apply to | 61397 |
| funds whose source of revenue is restricted or protected by the | 61398 |
| Constitution of this state, federal tax law, or the "Cash | 61399 |
| Management Improvement Act of 1990" 104 Stat. 1058 (1990), 31 | 61400 |
| U.S.C. 6501, et. seq., as amended. | 61401 |
| Section 312.09. BUDGET STABILIZATION FUND TRANSFERS | 61402 |
| (A) Notwithstanding any provision of law to the contrary, | 61403 |
| through June 30, 2007, if the Director of Budget and Management | 61404 |
| determines that the estimated ending fund balance of the General | 61405 |
| Revenue Fund will be greater than the amounts assumed in this act | 61406 |
| for either fiscal year 2006 or 2007, the Director may transfer up | 61407 |
| to the excess balance to the Budget Stabilization Fund. This | 61408 |
| division does not apply to division (A) of Section 206.66.21, TANF | 61409 |
| TRANSFERS, of this act. | 61410 |
| (B) Notwithstanding any provision of law to the contrary, | 61411 |
| through June 30, 2007, if the Director of Budget and Management | 61412 |
| determines that state revenue receipts and available fund balances | 61413 |
| in any fund other than the General Revenue Fund exceed estimated | 61414 |
| state expenditures, the Director may transfer up to the excess | 61415 |
| revenue to the Budget Stabilization Fund. This division does not | 61416 |
| apply to revenue restricted or protected by the Ohio Constitution, | 61417 |
| federal tax law or grant requirements, or the "Cash Management | 61418 |
| Improvement Act of 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501, | 61419 |
| et seq., as amended. | 61420 |
| (C) In executing division (A) of this section and division | 61421 |
| (A) of Section 206.66.21, TANF TRANSFERS, it is intended that | 61422 |
| these divisions be applied and construed so that both of the | 61423 |
| transfers authorized under these divisions may be made through | 61424 |
| June 30, 2007. | 61425 |
| (D) After making the transfers described in divisions (A) and | 61426 |
| (B) of this section, the Director of Budget and Management shall | 61427 |
| submit a report to the President of the Senate and the Speaker of | 61428 |
| the House of Representatives. | 61429 |
| Section 312.12. GRF TRANSFER TO FUND 5N4, OAKS PROJECT | 61430 |
| IMPLEMENTATION | 61431 |
| On July 1, 2005, or as soon thereafter as possible, the | 61432 |
| Director of Budget and Management shall transfer an amount not to | 61433 |
| exceed $675,000 in cash from the General Revenue Fund to Fund 5N4, | 61434 |
| OAKS Project Implementation. On July 1, 2006, or as soon | 61435 |
| thereafter as possible, the Director of Budget and Management | 61436 |
| shall transfer an amount not to exceed $675,000 in cash from the | 61437 |
| General Revenue Fund to Fund 5N4, OAKS Project Implementation. | 61438 |
| Section 312.15. CORPORATE AND UCC FILING FUND TRANSFER TO GRF | 61439 |
| Not later than the first day of June in each year of the | 61440 |
| biennium, the Director of Budget and Management shall transfer | 61441 |
| $1,000,000 from the Corporate and Uniform Commercial Code Filing | 61442 |
| Fund to the General Revenue Fund. | 61443 |
| Section 312.18. GRF TRANSFER TO THE NATIONAL GUARD | 61444 |
| SCHOLARSHIP RESERVE FUND | 61445 |
| On July 1, 2005, or as soon as possible thereafter, the | 61446 |
| Director of Budget and Management shall transfer an amount equal | 61447 |
| to the unencumbered balance as of June 30, 2004, in appropriation | 61448 |
| item 235-599, National Guard Scholarship Fund, from the General | 61449 |
| Revenue Fund to the National Guard Scholarship Reserve Fund (Fund | 61450 |
| 5BM). | 61451 |
| Section 312.21. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 61452 |
| RE-ESTABLISHMENT OF ENCUMBRANCES | 61453 |
| Any cash transferred by the Director of Budget and Management | 61454 |
| under section 126.15 of the Revised Code is hereby appropriated. | 61455 |
| Any amounts necessary to re-establish appropriations or | 61456 |
| encumbrances under section 126.15 of the Revised Code are hereby | 61457 |
| appropriated. | 61458 |
| Section 315.03. CONSOLIDATION OF REGULATORY BOARDS | 61459 |
| (A) It is the intent of the General Assembly to consolidate | 61460 |
| the following health-related regulatory boards within the | 61461 |
| Department of Health not later than July 1, 2006: | 61462 |
| (1) The Chemical Dependency Professionals Board; | 61463 |
| (2) The Board of Chiropractic Examiners; | 61464 |
| (3) The Counselor, Social Worker, and Marriage and Family | 61465 |
| Therapist Board; | 61466 |
| (4) The State Dental Board; | 61467 |
| (5) The Ohio Board of Dietetics; | 61468 |
| (6) The State Medical Board; | 61469 |
| (7) The Board of Nursing; | 61470 |
| (8) The Ohio Occupational Therapy, Physical Therapy, and | 61471 |
| Athletic Trainers Board; | 61472 |
| (9) The Ohio Optical Dispensers Board; | 61473 |
| (10) The State Board of Optometry; | 61474 |
| (11) The State Board of Orthotics, Prosthetics, and | 61475 |
| Pedorthics; | 61476 |
| (12) The State Board of Pharmacy; | 61477 |
| (13) The State Board of Psychology; | 61478 |
| (14) The Ohio Respiratory Care Board; | 61479 |
| (15) The Board of Speech-Language Pathology and Audiology; | 61480 |
| (16) The State Veterinary Medical Licensing Board. | 61481 |
| (B) It is the intent of the General Assembly to consolidate | 61482 |
| the following regulatory boards and commissions within the | 61483 |
| Department of Commerce not later than July 1, 2006: | 61484 |
| (1) The Accountancy Board; | 61485 |
| (2) The State Board of Examiners of Architects; | 61486 |
| (3) The Ohio Athletic Commission; | 61487 |
| (4) The Barber Board; | 61488 |
| (5) The State Board of Cosmetology; | 61489 |
| (6) The Board of Embalmers and Funeral Directors; | 61490 |
| (7) The State Board of Registration for Professional | 61491 |
| Engineers and Surveyors; | 61492 |
| (8) The Manufactured Homes Commission; | 61493 |
| (9) The Board of Motor Vehicle Collision Repair Registration; | 61494 |
| (10) The State Board of Sanitarian Registration. | 61495 |
| (C) It is the intent of the General Assembly to consolidate | 61496 |
| the Ohio Medical Transportation Board within the Department of | 61497 |
| Public Safety not later than July 1, 2006. | 61498 |
| (D) The Director of Budget and Management and the Directors | 61499 |
| of Administrative Services, Commerce, Health, and Public Safety | 61500 |
| shall appoint representatives to a transition team. | 61501 |
| The transition team shall develop a plan to ensure the smooth | 61502 |
| and timely consolidation of the boards into the respective | 61503 |
| departments. The transition team shall address the details of the | 61504 |
| consolidations, identifying necessary statutory changes and | 61505 |
| working with the Office of Budget and Management to develop | 61506 |
| budgets for the respective departments and the consolidated boards | 61507 |
| and commissions. The transition team may recommend additional | 61508 |
| regulatory boards or commissions to be consolidated and may | 61509 |
| recommend modifications to the planned consolidations. | 61510 |
| The transition team shall submit a report containing | 61511 |
| recommendations and the details for the consolidations not later | 61512 |
| than December 31, 2005, to the Governor, the Speaker of the House | 61513 |
| of Representatives, and the President of the Senate. The report | 61514 |
| and recommendations shall address the following issues, and may | 61515 |
| address additional issues: | 61516 |
| (1) The necessary levels of funding; | 61517 |
| (2) The savings projected as a result of the consolidations; | 61518 |
| (3) The consolidation of activities between each board or | 61519 |
| commission and the department providing centralized services, | 61520 |
| including the role of the members of the board or commission and | 61521 |
| the role of the department; | 61522 |
| (4) The staffing levels needed, whether employees must be | 61523 |
| retained, and whether any employees retained have civil service | 61524 |
| status; | 61525 |
| (5) The continuation of the standards and procedures of the | 61526 |
| board or commission; | 61527 |
| (6) The continuation of rules and whether any rules need to | 61528 |
| be amended as a result of the consolidations; | 61529 |
| (7) The transfer of assets, liabilities, and contractual | 61530 |
| obligations; | 61531 |
| (8) The transfer of records and other materials pertaining to | 61532 |
| the board or commission. | 61533 |
| (E) It is the intent of the General Assembly to introduce a | 61534 |
| bill in fiscal year 2006 that will include the necessary statutory | 61535 |
| changes to effect the consolidations and that will include revised | 61536 |
| appropriations for the departments and the consolidated boards and | 61537 |
| commissions for fiscal year 2007. | 61538 |
| Section 315.06. CAREER-TECHNICAL SCHOOL BUILDING ASSISTANCE | 61539 |
| PROGRAM | 61540 |
| All materials, assets, liabilities, and records of the | 61541 |
| Department of Education, irrespective of form or medium, deemed | 61542 |
| necessary by the Ohio School Facilities Commission to implement | 61543 |
| sections 3318.47, 3318.48, and 3318.49 of the Revised Code shall | 61544 |
| be transferred to the Commission not later than one hundred twenty | 61545 |
| days after the effective date of this section, in accordance with | 61546 |
| a transition plan which shall be developed and approved by the | 61547 |
| Commission in consultation with the Department. | 61548 |
| All current and pending loans and appropriations, | 61549 |
| encumbrances, and funds related to the Career-Technical School | 61550 |
| Building Assistance Fund (Fund 020), deemed necessary by the | 61551 |
| Commission to implement section 3318.48 of the Revised Code, shall | 61552 |
| be transferred to the Commission not later than one hundred twenty | 61553 |
| days after the effective date of this section in accordance with | 61554 |
| the transition plan. | 61555 |
| Any business commenced but not completed by the Department on | 61556 |
| the effective date of this section relating to the implementation | 61557 |
| of section 3318.48 of the Revised Code and the functions | 61558 |
| transferred by this section shall continue to be administered by | 61559 |
| the Department for a period of one hundred twenty days after the | 61560 |
| effective date of this section or until the transition plan | 61561 |
| described in this section is approved by the Commission, whichever | 61562 |
| occurs first. The Department shall provide the Commission whatever | 61563 |
| administrative assistance the Commission requires during the | 61564 |
| period of transition, which assistance shall be specified in the | 61565 |
| transition plan described in this section. | 61566 |
| Wherever any law, contract, or other document refers to the | 61567 |
| Department, the State Board of Education, or the Superintendent of | 61568 |
| Public Instruction in regard to the implementation or | 61569 |
| administration of section 3318.48 of the Revised Code, the | 61570 |
| references shall be deemed to refer to the Commission or the | 61571 |
| Director of the Commission. No action or proceeding pending on the | 61572 |
| effective date of this section relating to the implementation or | 61573 |
| administration of Chapter 3318. of the Revised Code is affected by | 61574 |
| the transfer. In all such actions and proceedings, the Commission | 61575 |
| or the Director shall be substituted as a party upon application | 61576 |
| by the receiving entity to the court or other appropriate | 61577 |
| tribunal. | 61578 |
| Section 315.09. ELIMINATION OF THE OHIO EDUCATIONAL | 61579 |
| TELECOMMUNICATIONS NETWORK COMMISSION | 61580 |
| (A) Effective July 1, 2005, the Ohio Educational | 61581 |
| Telecommunications Network Commission is abolished and, subject to | 61582 |
| the recommendations of any task force appointed by the Governor to | 61583 |
| consider issues of administrative reorganization and approved by | 61584 |
| the Governor, its functions, assets, and liabilities, including | 61585 |
| but not limited to vehicles and equipment assigned to employees of | 61586 |
| the Commission and records of the Commission regardless of form or | 61587 |
| medium, are transferred to the agency designated by the Governor. | 61588 |
| The agency is thereupon and thereafter successor to, assumes the | 61589 |
| obligations of, and otherwise constitutes the continuation of the | 61590 |
| Ohio Educational Telecommunications Network Commission. The | 61591 |
| functions of the Executive Director of the Commission are | 61592 |
| thereupon and thereafter transferred to the chief administrator of | 61593 |
| the agency designated by the Governor. | 61594 |
| Any business commenced but not completed by the Ohio | 61595 |
| Educational Telecommunications Network Commission or the Executive | 61596 |
| Director of the Commission on July 1, 2005, shall be completed by | 61597 |
| the agency designated by the Governor or the chief administrator | 61598 |
| of that agency, respectively, in the same manner, and with the | 61599 |
| same effect, as if completed by the Ohio Educational | 61600 |
| Telecommunications Network Commission or the Executive Director of | 61601 |
| the Commission. No validation, cure, right, privilege, remedy, | 61602 |
| obligation, or liability is lost or impaired by reason of the | 61603 |
| transfer required under this section and shall be administered by | 61604 |
| the agency designated by the Governor. All of the Ohio Educational | 61605 |
| Telecommunications Network Commission's rules, orders, and | 61606 |
| determinations continue in effect as rules, orders, and | 61607 |
| determinations of the agency designated by the Governor, until | 61608 |
| modified or rescinded by that agency. If necessary to ensure the | 61609 |
| integrity of the Administrative Code, the Director of the | 61610 |
| Legislative Service Commission shall renumber the Ohio Educational | 61611 |
| Telecommunications Network Commission's rules to reflect their | 61612 |
| transfer to the agency designated by the Governor. | 61613 |
| (B) Employees of the Ohio Educational Telecommunications | 61614 |
| Network Commission shall be transferred to the agency designated | 61615 |
| by the Governor or dismissed in accordance with recommendations | 61616 |
| approved by the Governor under division (A) of this section. | 61617 |
| Subject to lay-off provisions of sections 124.321 to 124.328 of | 61618 |
| the Revised Code, and any applicable collective bargaining | 61619 |
| agreement entered into under Chapter 4117. of the Revised Code, | 61620 |
| those employees of the Ohio Educational Telecommunications Network | 61621 |
| Commission so transferred to the agency designated by the Governor | 61622 |
| retain their positions and all of the benefits accruing thereto. | 61623 |
| Employees of the Ohio Educational Telecommunications Network | 61624 |
| Commission so dismissed cease to hold their positions of | 61625 |
| employment on July 1, 2005. | 61626 |
| (C) No judicial or administrative action or proceeding in | 61627 |
| which the Ohio Educational Telecommunications Network Commission | 61628 |
| or the Executive Director of the Commission is a party that is | 61629 |
| pending on July 1, 2005, is affected by the transfer of functions | 61630 |
| under division (A) of this section. Such action or proceeding | 61631 |
| shall be prosecuted or defended in the name of the Director of the | 61632 |
| Office of Budget and Management. On application to the court or | 61633 |
| other tribunal, the Director of the Office of Budget and | 61634 |
| Management shall be substituted for the Executive Director of the | 61635 |
| Commission as a party to such action or proceeding. | 61636 |
| (D) On and after July 1, 2005, when the Ohio Educational | 61637 |
| Telecommunications Network Commission or the Executive Director of | 61638 |
| the Ohio Educational Telecommunications Network Commission is | 61639 |
| referred to in any statute, rule, contract, grant, or other | 61640 |
| document, the reference is hereby deemed to refer to the agency | 61641 |
| designated by the Governor or the chief administrator of that | 61642 |
| agency, respectively. | 61643 |
| Section 315.10. ELIMINATION OF THE OHIO SCHOOLNET COMMISSION | 61644 |
| (A) Effective July 1, 2005, the Ohio SchoolNet Commission is | 61645 |
| abolished and, subject to the recommendations of any task force | 61646 |
| appointed by the Governor to consider issues of administrative | 61647 |
| reorganization and approved by the Governor, its functions, | 61648 |
| assets, and liabilities, including, but not limited to, vehicles | 61649 |
| and equipment assigned to employees of the Commission and records | 61650 |
| of the Commission regardless of form or medium, are transferred to | 61651 |
| the agency designated by the Governor. The agency is thereupon and | 61652 |
| thereafter successor to, assumes the obligations of, and otherwise | 61653 |
| constitutes the continuation of the Ohio SchoolNet Commission. The | 61654 |
| functions of the Executive Director of the Commission are | 61655 |
| thereupon and thereafter transferred to the chief administrator of | 61656 |
| the agency designated by the Governor. | 61657 |
| Any business commenced but not completed by the Ohio | 61658 |
| SchoolNet Commission or the Executive Director of the Commission | 61659 |
| on July 1, 2005, shall be completed by the agency designated by | 61660 |
| the Governor or the chief administrator of that agency, | 61661 |
| respectively, in the same manner, and with the same effect, as if | 61662 |
| completed by the Ohio SchoolNet Commission or the Executive | 61663 |
| Director of the Commission. No validation, cure, right, privilege, | 61664 |
| remedy, obligation, or liability is lost or impaired by reason of | 61665 |
| the transfer required under this section and shall be administered | 61666 |
| by the agency designated by the Governor. All of the Ohio | 61667 |
| SchoolNet Commission's rules, orders, and determinations continue | 61668 |
| in effect as rules, orders, and determinations of the agency | 61669 |
| designated by the Governor, until modified or rescinded by that | 61670 |
| agency. If necessary to ensure the integrity of the Administrative | 61671 |
| Code, the Director of the Legislative Service Commission shall | 61672 |
| renumber the Ohio SchoolNet Commission's rules to reflect their | 61673 |
| transfer to the agency designated by the Governor. | 61674 |
| (B) Employees of the Ohio SchoolNet Commission shall be | 61675 |
| transferred to the agency designated by the Governor or dismissed | 61676 |
| in accordance with recommendations approved by the Governor under | 61677 |
| division (A) of this section. Subject to lay-off provisions of | 61678 |
| sections 124.321 to 124.328 of the Revised Code, those employees | 61679 |
| of the Ohio SchoolNet Commission so transferred to the agency | 61680 |
| designated by the Governor retain their positions and all of the | 61681 |
| benefits accruing thereto. Employees of the Ohio SchoolNet | 61682 |
| Commission so dismissed cease to hold their positions of | 61683 |
| employment on July 1, 2005. | 61684 |
| Ohio SchoolNet Commission employees transferred under | 61685 |
| provisions of this section shall remain in the unclassified | 61686 |
| service of the state. | 61687 |
| The reassignment of the functions and duties of Ohio | 61688 |
| SchoolNet Commission employees under this section is not a subject | 61689 |
| appropriate for collective bargaining under Chapter 4117. of the | 61690 |
| Revised Code. All positions of any Ohio SchoolNet Commission | 61691 |
| employees transferred to the agency designated by the Governor | 61692 |
| under this section shall not be subject to Chapter 4117. of the | 61693 |
| Revised Code in the same manner as when those positions were under | 61694 |
| the authority of the Ohio SchoolNet Commission. | 61695 |
| (C) No judicial or administrative action or proceeding in | 61696 |
| which the Ohio SchoolNet Commission or the Executive Director of | 61697 |
| the Commission is a party that is pending on July 1, 2005, is | 61698 |
| affected by the transfer of functions under division (A) of this | 61699 |
| section. Such action or proceeding shall be prosecuted or defended | 61700 |
| in the name of the Director of the Office of Budget and | 61701 |
| Management. On application to the court or other tribunal, the | 61702 |
| Director of the Office of Budget and Management shall be | 61703 |
| substituted for the Executive Director of the Commission as a | 61704 |
| party to such action or proceeding. | 61705 |
| (D) On and after July 1, 2005, when the Ohio SchoolNet | 61706 |
| Commission or the Executive Director of the Ohio SchoolNet | 61707 |
| Commission is referred to in any statute, rule, contract, grant, | 61708 |
| or other document, the reference is hereby deemed to refer to the | 61709 |
| agency designated by the Governor or the chief administrator of | 61710 |
| that agency, respectively. | 61711 |
| Section 315.11. TRANSFER OF FUNDS TO THE AGENCIES | 61712 |
| On and after July 1, 2005, notwithstanding any provision of | 61713 |
| law to the contrary, the Director of Budget and Management is | 61714 |
| authorized to take the actions described in this section with | 61715 |
| respect to budget changes made necessary by administrative | 61716 |
| reorganization, program transfers, the creation of new funds, and | 61717 |
| the consolidation of funds as authorized by this act. The Director | 61718 |
| may make any transfer of cash balances between funds. At the | 61719 |
| request of the Director, the controlling authority of the agencies | 61720 |
| designated by the Governor under Section 315.09 or 315.10 of this | 61721 |
| act shall certify to the Director an estimate of the amount of the | 61722 |
| cash balance to be transferred to the receiving funds. The | 61723 |
| Director may transfer the estimated amount when needed to make | 61724 |
| payments. Not more than thirty days after certifying the estimated | 61725 |
| amount, the controlling authority of the agencies shall certify | 61726 |
| the final amount to the Director. The Director shall transfer the | 61727 |
| difference between any amount previously transferred and the | 61728 |
| certified final amount. The Director may cancel encumbrances and | 61729 |
| re-establish encumbrances or parts of encumbrances as needed in | 61730 |
| fiscal year 2006 in the appropriate funds and appropriation items | 61731 |
| for the same purposes. The appropriation authority necessary to | 61732 |
| re-establish such encumbrances in fiscal year 2006 as determined | 61733 |
| by the Director, in a different fund or appropriation item, within | 61734 |
| an agency or between agencies, is hereby appropriated. When | 61735 |
| re-established encumbrances or parts of re-established | 61736 |
| encumbrances are cancelled, the Director shall reduce the | 61737 |
| appropriations for these respective funds and appropriation items | 61738 |
| by the amount of the encumbrances cancelled. The amounts cancelled | 61739 |
| are hereby authorized. Any fiscal year 2005 unencumbered or | 61740 |
| unallotted appropriation balances may be transferred to the | 61741 |
| appropriate funds and appropriation items to be used for the same | 61742 |
| purposes, as determined by the Director. The amounts transferred | 61743 |
| are hereby appropriated. | 61744 |
| Section 318.03. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 61745 |
| Certain appropriations are in this act for the purpose of | 61746 |
| paying debt service and financing costs on general obligation | 61747 |
| bonds or notes of the state issued pursuant to the Ohio | 61748 |
| Constitution and acts of the General Assembly. If it is determined | 61749 |
| that additional appropriations are necessary for this purpose, | 61750 |
| such amounts are hereby appropriated. | 61751 |
| Section 318.06. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER | 61752 |
| OF STATE | 61753 |
| Certain appropriations are in this act for the purpose of | 61754 |
| making lease payments pursuant to leases and agreements relating | 61755 |
| to bonds or notes issued by the Ohio Building Authority or the | 61756 |
| Treasurer of State or, previously, by the Ohio Public Facilities | 61757 |
| Commission, pursuant to the Ohio Constitution and acts of the | 61758 |
| General Assembly. If it is determined that additional | 61759 |
| appropriations are necessary for this purpose, such amounts are | 61760 |
| hereby appropriated. | 61761 |
| Section 318.09. AUTHORIZATION FOR TREASURER OF STATE AND OBM | 61762 |
| TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 61763 |
| The Office of Budget and Management shall initiate and | 61764 |
| process disbursements from general obligation and lease rental | 61765 |
| payment appropriation items during the period from July 1, 2005, | 61766 |
| to June 30, 2007, relating to bonds or notes issued under Sections | 61767 |
| 2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution, | 61768 |
| and Chapters 151. and 154. of the Revised Code. Disbursements | 61769 |
| shall be made upon certification by the Treasurer of State of the | 61770 |
| dates and the amounts due on those dates. | 61771 |
| Section 318.12. ISSUANCE OF OBLIGATIONS BY THE OHIO COAL | 61772 |
| DEVELOPMENT OFFICE | 61773 |
| The Ohio Public Facilities Commission, upon the request of | 61774 |
| the Director of the Ohio Coal Development Office of the Ohio Air | 61775 |
| Quality Development Authority with the advice of the Technical | 61776 |
| Advisory Committee created in section 1551.35 of the Revised Code | 61777 |
| and the approval of the Executive Director of the Ohio Air Quality | 61778 |
| Development Authority, is hereby authorized to issue and sell, in | 61779 |
| accordance with Section 15 of Article VIII, Ohio Constitution, and | 61780 |
| Chapter 151. and particularly sections 151.01 and 151.07 of the | 61781 |
| Revised Code, bonds and other obligations of the State of Ohio in | 61782 |
| an aggregate principal amount not to exceed $15,000,000 in | 61783 |
| addition to the issuance of obligations heretofore authorized by | 61784 |
| prior acts of the General Assembly. The obligations shall be | 61785 |
| dated, issued, and sold from time to time in such amounts as may | 61786 |
| be necessary to provide sufficient moneys to the credit of the | 61787 |
| Coal Research and Development Fund created in section 1555.15 of | 61788 |
| the Revised Code to pay costs charged to the fund when due. | 61789 |
| Section 321.03. STATE AND LOCAL REBATE AUTHORIZATION | 61790 |
| There is hereby appropriated, from those funds designated by | 61791 |
| or pursuant to the applicable proceedings authorizing the issuance | 61792 |
| of state obligations, amounts computed at the time to represent | 61793 |
| the portion of investment income to be rebated or amounts in lieu | 61794 |
| of or in addition to any rebate amount to be paid to the federal | 61795 |
| government in order to maintain the exclusion from gross income | 61796 |
| for federal income tax purposes of interest on those state | 61797 |
| obligations under section 148(f) of the Internal Revenue Code. | 61798 |
| Rebate payments shall be approved and vouchered by the Office | 61799 |
| of Budget and Management. | 61800 |
| Section 321.06. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 61801 |
| Pursuant to the plan for compliance with the Federal Cash | 61802 |
| Management Improvement Act required by section 131.36 of the | 61803 |
| Revised Code, the Director of Budget and Management may cancel and | 61804 |
| re-establish all or part of encumbrances in like amounts within | 61805 |
| the funds identified by the plan. The amounts necessary to | 61806 |
| re-establish all or part of encumbrances are hereby appropriated. | 61807 |
| Section 321.09. STATEWIDE INDIRECT COST RECOVERY | 61808 |
| Whenever the Director of Budget and Management determines | 61809 |
| that an appropriation made to a state agency from a fund of the | 61810 |
| state is insufficient to provide for the recovery of statewide | 61811 |
| indirect costs under section 126.12 of the Revised Code, the | 61812 |
| amount required for such purpose is hereby appropriated from the | 61813 |
| available receipts of such fund. | 61814 |
| Section 321.10. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 61815 |
| INDIRECT COST ALLOCATION PLAN | 61816 |
| The total transfers made from the General Revenue Fund by the | 61817 |
| Director of Budget and Management under this section shall not | 61818 |
| exceed the amounts transferred into the General Revenue Fund under | 61819 |
| division (B) of section 126.12 of the Revised Code. | 61820 |
| The director of an agency may certify to the Director of | 61821 |
| Budget and Management the amount of expenses not allowed to be | 61822 |
| included in the Statewide Indirect Cost Allocation Plan under | 61823 |
| federal regulations, from any fund included in the Statewide | 61824 |
| Indirect Cost Allocation Plan, prepared as required by section | 61825 |
| 126.12 of the Revised Code. | 61826 |
| Upon determining that no alternative source of funding is | 61827 |
| available to pay for such expenses, the Director of Budget and | 61828 |
| Management may transfer from the General Revenue Fund into the | 61829 |
| fund for which the certification is made, up to the amount of the | 61830 |
| certification. The director of the agency receiving such funds | 61831 |
| shall include, as part of the next budget submission prepared | 61832 |
| under section 126.02 of the Revised Code, a request for funding | 61833 |
| for such activities from an alternative source such that further | 61834 |
| federal disallowances would not be required. | 61835 |
| Section 321.11. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 61836 |
| Notwithstanding any provision of law to the contrary, on or | 61837 |
| before the first day of September of each fiscal year, the | 61838 |
| Director of Budget and Management, in order to reduce the payment | 61839 |
| of adjustments to the federal government, as determined by the | 61840 |
| plan prepared under division (A) of section 126.12 of the Revised | 61841 |
| Code, may designate such funds as the director considers necessary | 61842 |
| to retain their own interest earnings. | 61843 |
| Section 403.05. That Section 4 of Am. Sub. H.B. 516 of the | 61844 |
| 125th General Assembly be amended to read as follows: | 61845 |
| Sec. 4. The following agencies shall be retained pursuant to | 61846 |
| division (D) of section 101.83 of the Revised Code and shall | 61847 |
| expire on December 31, 2010: | 61848 |
| REVISED CODE OR | 61849 | ||||
| UNCODIFIED | 61850 | ||||
| AGENCY NAME | SECTION | 61851 |
| Administrator, Interstate Compact on Mental Health | 5119.50 | 61852 | ||
| Administrator, Interstate Compact on | 5103.20 | 61853 | ||
| Placement of Children | 61854 | |||
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 61855 | ||
| Advisory Boards to the EPA for Air Pollution | 121.13 | 61856 | ||
| Advisory Boards to the EPA for Water Pollution | 121.13 | 61857 | ||
| Advisory Committee of the State Veterinary Medical Licensing Board | 4741.03(D)(3) | 61858 | ||
| Advisory Committee on Livestock Exhibitions | 901.71 | 61859 | ||
| Advisory Council on Amusement Ride Safety | 1711.51 | 61860 | ||
| Advisory Board of Directors for Prison Labor | 5145.162 | 61861 | ||
| Advisory Council for Each Wild, Scenic, or Recreational River Area | 1517.18 | 61862 | ||
| Advisory Councils or Boards for State Departments | 107.18 or 121.13 | 61863 | ||
| Advisory Group to the Ohio Water Resources Council | 1521.19(C) | 61864 | ||
| Alzheimer's Disease Task Force | 173.04(F) | 61865 | ||
| AMBER Alert Advisory Committee | 5502.521 | 61866 | ||
| Apprenticeship Council | 4139.02 | 61867 | ||
| Armory Board of Control | 5911.09 | 61868 | ||
| Automated Title Processing Board | 4505.09(C)(1) | 61869 | ||
| Banking Commission | 1123.01 | 61870 | ||
| Board of Directors of the Ohio Health Reinsurance Program | 3924.08 | 61871 | ||
| Board of Voting Machine Examiners | 3506.05(B) | 61872 | ||
| Board of Tax Appeals | 5703.02 | 61873 | ||
| Brain Injury Advisory Committee | 3304.231 | 61874 | ||
| Capitol Square Review and Advisory Board | 105.41 | 61875 | ||
| Child Support Guideline Advisory Council | 3119.024 | 61876 | ||
| Children's Trust Fund Board | 3109.15 | 61877 | ||
| Citizens Advisory Committee (BMV) | 4501.025 | 61878 | ||
| Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) | 5123.092 | 61879 | ||
| Clean Ohio Trail Advisory Board | 1519.06 | 61880 | ||
| Coastal Resources Advisory Council | 1506.12 | 61881 | ||
| Commission on African-American Males | 4112.12 | 61882 | ||
| Commission on Hispanic-Latino Affairs | 121.31 | 61883 | ||
| Commission on Minority Health | 3701.78 | 61884 | ||
| Committee on Prescriptive Governance | 4723.49 | 61885 | ||
| Commodity Advisory Commission | 926.32 | 61886 | ||
| Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council | 5123.353 | 61887 | ||
| Community Oversight Council | 3311.77 | 61888 | ||
| Compassionate Care Task Force | Section 3, H.B. 474, 124th GA | 61889 | ||
| Consumer Advisory Committee to the Rehabilitation Services Commission | 3304.24 | 61890 | ||
| Continuing Education Committee (for Sheriffs) | 109.80 | 61891 | ||
| Controlling Board | 127.12 | 61892 | ||
| Coordinating Committee, Agricultural Commodity Marketing Programs | 924.14 | 61893 | ||
| Council on Alcohol and Drug Addiction Services | 3793.09 | 61894 | ||
| Council on Unreclaimed Strip Mined Lands | 1513.29 | 61895 | ||
| Council to Advise on the Establishment and Implementation of the Birth Defects Information System | 3705.34 | 61896 | ||
| County Sheriffs' Standard Car-Marking and Uniform Commission | 311.25 | 61897 | ||
| Credit Union Council | 1733.329 | 61898 | ||
| Criminal Sentencing Advisory Committee | 181.22 | 61899 | ||
| Day-Care Advisory Council | 5104.08 | 61900 | ||
| Dentist Loan Repayment Advisory Board | 3702.92 | 61901 | ||
| Development Financing Advisory Council | 122.40 | 61902 | ||
| Education Commission of the States (Interstate Compact for Education) | 3301.48 | 61903 | ||
| Electrical Safety Inspector Advisory Committee | 3783.08 | 61904 | ||
| Emergency Response Commission | 3750.02 | 61905 | ||
| Engineering Experiment Station Advisory Committee | 3335.27 | 61906 | ||
| Environmental Education Council | 3745.21 | 61907 | ||
| Environmental Review Appeals Commission | 3745.02 | 61908 | ||
| EPA Advisory Boards or Councils | 121.13 | 61909 | ||
| Farmland Preservation Advisory Board | 901.23 | 61910 | ||
| Financial Planning & Supervision Commission for Municipal Corporation, County, or Township | 118.05 | 61911 | ||
| Financial Planning & Supervision Commission for School District | 3316.05 | 61912 | ||
| Forestry Advisory Council | 1503.40 | 61913 | ||
| Governance Authority for a State University or College | 3345.75 | 61914 | ||
| Governor's Advisory Council on Physical Fitness, Wellness, & Sports | 3701.77 | 61915 | ||
| Governor's Council on People with Disabilities | 3303.41 | 61916 | ||
| Governor's Residence Advisory Commission | 107.40 | 61917 | ||
| Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 61918 | ||
| Gubernatorial Transition Committee | 107.29 | 61919 | ||
| Head Start Partnership Study Council | Section 41.35, H.B. 95, 125th GA | 61920 | ||
| Hemophilia Advisory Subcommittee | 3701.0210 | 61921 | ||
| Housing Trust Fund Advisory Committee | 175.25 | 61922 | ||
| Industrial Commission Nominating Council | 4121.04 | 61923 | ||
| Industrial Technology and Enterprise Advisory Council | 122.29 | 61924 | ||
| Infant Hearing Screening Subcommittee | 3701.507 | 61925 | ||
| Insurance Agent Education Advisory Council | 3905.483 | 61926 | ||
| Interagency Council on Hispanic/Latino Affairs | 121.32(J) | 61927 | ||
| Interstate Mining Commission (Interstate Mining Compact) | 1514.30 | 61928 | ||
| Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) | 4981.35 | 61929 | ||
| Joint Council on MR/DD | 101.37 | 61930 | ||
| Joint Select Committee on Volume Cap | 133.021 | 61931 | ||
| Labor-Management Government Advisory Council | 4121.70 | 61932 | ||
| Legal Rights Service Commission | 5123.60 | 61933 | ||
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 61934 | ||
| Maternal and Child Health Council | 3701.025 | 61935 | ||
| Medically Handicapped Children's Medical Advisory Council | 3701.025 | 61936 | ||
| Midwest Interstate Passenger Rail Compact Commission (Ohio members) | 4981.361 | 61937 | ||
| Military Activation Task Force | 5902.15 | 61938 | ||
| Milk Sanitation Board | 917.03 | 61939 | ||
| Mine Subsidence Insurance Governing Board | 3929.51 | 61940 | ||
| Minority Development Financing Board | 122.72 | 61941 | ||
| Multi-Agency Radio Communications Systems Steering Committee | Sec. 21, H.B. 790, 120th GA | 61942 | ||
| Multidisciplinary Council | 3746.03 | 61943 | ||
| Muskingum River Advisory Council | 1501.25 | 61944 | ||
| National Museum of Afro-American History and Culture Planning Committee | 149.303 | 61945 | ||
| 61946 | ||||
| Ohio Advisory Council for the Aging | 173.03 | 61947 | ||
| Ohio Aerospace & Defense Advisory Council | 122.98 | 61948 | ||
| Ohio Arts Council | 3379.02 | 61949 | ||
| Ohio Business Gateway Steering Committee | 5703.57 | 61950 | ||
| Ohio Cemetery Dispute Resolution Commission | 4767.05 | 61951 | ||
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B) | 61952 | ||
| Ohio Commercial Insurance Joint Underwriting Association Board Of Governors | 3930.03 | 61953 | ||
| Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 61954 | ||
| Ohio Commission on Dispute Resolution and Conflict Management | 179.02 | 61955 | ||
| Ohio Commission to Reform Medicaid | Section 59.29, H.B. 95, 125th GA | 61956 | ||
| Ohio Community Service Council | 121.40 | 61957 | ||
| Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 61958 | ||
| Ohio Cultural Facilities Commission | 3383.02 | 61959 | ||
| Ohio Developmental Disabilities Council | 5123.35 | 61960 | ||
| Ohio Educational Telecommunications Network Commission | 3353.02 | 61961 | ||
| Ohio Ethics Commission | 102.05 | 61962 | ||
| Ohio Expositions Commission | 991.02 | 61963 | ||
| Ohio Family and Children First Cabinet Council | 121.37 | 61964 | ||
| Ohio Geology Advisory Council | 1505.11 | 61965 | ||
| Ohio Grape Industries Committee | 924.51 | 61966 | ||
| Ohio Hepatitis C Advisory Commission | 3701.92 | 61967 | ||
| Ohio Historic Site Preservation Advisory Board | 149.301 | 61968 | ||
| Ohio Historical Society Board of Trustees | 149.30 | 61969 | ||
| Ohio Judicial Conference | 105.91 | 61970 | ||
| Ohio Lake Erie Commission | 1506.21 | 61971 | ||
| Ohio Medical Malpractice Commission | Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA | 61972 | ||
| Ohio Medical Quality Foundation | 3701.89 | 61973 | ||
| Ohio Parks and Recreation Council | 1541.40 | 61974 | ||
| Ohio Peace Officer Training Commission | 109.71 | 61975 | ||
| Ohio Public Defender Commission | 120.01 | 61976 | ||
| Ohio Public Library Information Network Board | Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA | 61977 | ||
| Ohio Public Works Commission | 164.02 | 61978 | ||
| Ohio Quarter Horse Development Commission | 3769.086 | 61979 | ||
| Ohio SchoolNet Commission | 3301.80 | 61980 | ||
| Ohio Small Government Capital Improvements Commission | 164.02 | 61981 | ||
| Ohio Soil and Water Conservation Commission | 1515.02 | 61982 | ||
| Ohio Standardbred Development Commission | 3769.085 | 61983 | ||
| Ohio Steel Industry Advisory Council | 122.97 | 61984 | ||
| Ohio Teacher Education and Licensure Advisory Council | 3319.28(D) | 61985 | ||
| Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 61986 | ||
| Ohio Tuition Trust Authority | 3334.03 | 61987 | ||
| Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10 | 61988 | ||
| Ohio Vendors Representative Committee | 3304.34 | 61989 | ||
| Ohio War Orphans Scholarship Board | 5910.02 | 61990 | ||
| Ohio Water Advisory Council | 1521.031 | 61991 | ||
| Ohio Water Resources Council | 1521.19 | 61992 | ||
| Ohioana Library Association, Martha Kinney Cooper Memorial | 3375.62 | 61993 | ||
| Oil and Gas Commission | 1509.35 | 61994 | ||
| Operating Committee, Agricultural Commodity Marketing Programs | 924.07 | 61995 | ||
| Organized Crime Investigations Commission | 177.01 | 61996 | ||
| Parole Board | 5149.10 | 61997 | ||
| Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services | 5111.81 | 61998 | ||
| Physician Loan Repayment Advisory Board | 3702.81 | 61999 | ||
| Power Siting Board | 4906.02 | 62000 | ||
| Prequalification Review Board | 5525.07 | 62001 | ||
| Private Water Systems Advisory Council | 3701.346 | 62002 | ||
| Public Employment Risk Reduction Advisory Commission | 4167.02 | 62003 | ||
| Public Health Council | 3701.33 | 62004 | ||
| Public Utilities Commission Nominating Council | 4901.021 | 62005 | ||
| Public Utility Property Tax Study Committee | 5727.85 | 62006 | ||
| Radiation Advisory Council | 3748.20 | 62007 | ||
| Reclamation Commission | 1513.05 | 62008 | ||
| Recreation and Resources Commission | 1501.04 | 62009 | ||
| Recycling and Litter Prevention Advisory Council | 1502.04 | 62010 | ||
| Rehabilitation Services Commission Consumer Advisory Committee | 3304.24 | 62011 | ||
| Release Authority of Department of Youth Services | 5139.50 | 62012 | ||
| Savings & Loans Associations & Savings Banks Board | 1181.16 | 62013 | ||
| Schools and Ministerial Lands Divestiture Committee | 501.041 | 62014 | ||
| Second Chance Trust Fund Advisory Committee | 2108.17 | 62015 | ||
| Self-Insuring Employers Evaluation Board | 4123.352 | 62016 | ||
| Services Committee of the Workers' Compensation System | 4121.06 | 62017 | ||
| Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 62018 | ||
| Solid Waste Management Advisory Council | 3734.51 | 62019 | ||
| State Agency Coordinating Group | 1521.19 | 62020 | ||
| State Board of Deposit | 135.02 | 62021 | ||
| State Board of Emergency Medical Services Subcommittees | 4765.04 | 62022 | ||
| State Council of Uniform State Laws | 105.21 | 62023 | ||
| State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities | 4115.32 | 62024 | ||
| State Criminal Sentencing Commission | 181.21 | 62025 | ||
| State Employment Relations Board | 4117.02 | 62026 | ||
| State Fire Commission | 3737.81 | 62027 | ||
| State Racing Commission | 3769.02 | 62028 | ||
| State Victims Assistance Advisory Committee | 109.91 | 62029 | ||
| Student Tuition Recovery Authority | 3332.081 | 62030 | ||
| Tax Credit Authority | 122.17 | 62031 | ||
| Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office | 1551.35 | 62032 | ||
| Technical Advisory Council on Oil and Gas | 1509.38 | 62033 | ||
| Transportation Review Advisory Council | 5512.07 | 62034 | ||
| Unemployment Compensation Review Commission | 4141.06 | 62035 | ||
| Unemployment Compensation Advisory Council | 4141.08 | 62036 | ||
| Utility Radiological Safety Board | 4937.02 | 62037 | ||
| Vehicle Management Commission | 125.833 | 62038 | ||
| Veterans Advisory Committee | 5902.02(K) | 62039 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) | 146.02 | 62040 | ||
| Water and Sewer Commission | 1525.11(C) | 62041 | ||
| Waterways Safety Council | 1547.73 | 62042 | ||
| Wildlife Council | 1531.03 | 62043 | ||
| Workers' Compensation System Oversight Commission | 4121.12 | 62044 | ||
| Workers' Compensation Oversight Commission Nominating Committee | 4121.123 | 62045 |
| Section 403.06. That existing Section 4 of Am. Sub. H.B. 516 | 62046 |
| of the 125th General Assembly is hereby repealed. | 62047 |
| Section 403.11. That Section 3 of Am. Sub. H.B. 621 of the | 62048 |
| 122nd General Assembly, as most recently amended by Am. Sub. H.B. | 62049 |
| 95 of the 125th General Assembly, be amended to read as follows: | 62050 |
| Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and | 62051 |
| 901.83 of the Revised Code are hereby repealed, effective October | 62052 |
| 15, | 62053 |
| Section 403.12. That existing Section 3 of Am. Sub. H.B. 621 | 62054 |
| of the 122nd General Assembly, as most recently amended by Am. | 62055 |
| Sub. H.B. 95 of the 125th General Assembly, is hereby repealed. | 62056 |
| Section 403.17. That Section 153 of Am. Sub. H.B. 117 of the | 62057 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 62058 |
| 95 of the 125th General Assembly, be amended to read as follows: | 62059 |
| Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, | 62060 |
| 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, | 62061 |
| 5112.19, 5112.21, and 5112.99 of the Revised Code are hereby | 62062 |
|
repealed, effective
October 16, | 62063 |
| (B) Any money remaining in the Legislative Budget Services | 62064 |
|
Fund
on
October 16, | 62065 |
| the Revised Code is repealed by division (A) of this section, | 62066 |
| shall be used solely for the purposes stated in then former | 62067 |
| section 5112.19 of the Revised Code. When all money in the | 62068 |
| Legislative Budget Services Fund has been spent after then former | 62069 |
| section 5112.19 of the Revised Code is repealed under division (A) | 62070 |
| of this section, the fund shall cease to exist. | 62071 |
| Section 403.18. That existing Section 153 of Am. Sub. H.B. | 62072 |
| 117 of the 121st General Assembly, as most recently amended by Am. | 62073 |
| Sub. H.B. 95 of the 125th General Assembly, is hereby repealed. | 62074 |
| Section 403.23. That Section 5 of Am. Sub. S.B. 50 of the | 62075 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 62076 |
| 95 of the 125th General Assembly, be amended to read as follows: | 62077 |
| Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st | 62078 |
|
General Assembly shall take effect
July 1,
| 62079 |
| Section 403.24. That existing Section 5 of Am. Sub. S.B. 50 | 62080 |
| of the 121st General Assembly, as most recently amended by Am. | 62081 |
| Sub. H.B. 95 of the 125th General Assembly is hereby repealed. | 62082 |
| Section 490.03. Section 59.19 of Am. Sub. H.B. 95 of the | 62083 |
| 125th General Assembly is hereby repealed. | 62084 |
| Section 557.03. A credit is hereby allowed against the | 62085 |
| additional estate tax imposed by section 5731.18 of the Revised | 62086 |
| Code on the estate of a decedent who dies on or after January 1, | 62087 |
| 2002, but before the effective date of that section as amended by | 62088 |
| this act. The credit shall equal that portion of the additional | 62089 |
| estate tax imposed by section 5731.18 of the Revised Code that is | 62090 |
| over and above the additional estate tax that would have been | 62091 |
| imposed if the tax levied by division (A) of that section had been | 62092 |
| an amount equal to the maximum credit allowable by section 2011 of | 62093 |
| the Internal Revenue Code that was in effect and applicable on the | 62094 |
| date of such decedent's death for any taxes paid to any state. | 62095 |
| Section 557.06. (A) As used in this section, "net additional | 62096 |
| tax" means the net additional amount of tax resulting from the | 62097 |
| amendment by this act of section 5743.02 of the Revised Code that | 62098 |
| is due on all packages of Ohio stamped cigarettes and on all | 62099 |
| unaffixed Ohio cigarette tax stamps that a wholesale or retail | 62100 |
| dealer has on hand as of the beginning of business on July 1, | 62101 |
| 2005. | 62102 |
| (B) In addition to the return required under section 5743.03 | 62103 |
| of the Revised Code, each wholesale dealer and each retail dealer | 62104 |
| shall make and file a return on forms prescribed by the tax | 62105 |
| commissioner showing the net additional tax due and any other | 62106 |
| information that the commissioner considers necessary to apply | 62107 |
| sections 5743.01 to 5743.20 of the Revised Code in the | 62108 |
| administration of the net additional tax. On or before August 31, | 62109 |
| 2005, each wholesale dealer and each retail dealer shall deliver | 62110 |
| the return to the treasurer of state, together with remittance of | 62111 |
| the net additional tax shown on the return to be due. The | 62112 |
| treasurer of state shall stamp or otherwise mark on the return the | 62113 |
| date on which the return and remittance were received by the | 62114 |
| treasurer of state and also shall show on the return by stamp or | 62115 |
| otherwise the amount of the tax payment remitted with the return. | 62116 |
| Upon receipt, the treasurer of state shall immediately transmit | 62117 |
| all returns filed under this section to the commissioner. | 62118 |
| (C) Any wholesale or retail dealer who fails to file a return | 62119 |
| or remit net additional tax as required under this section shall | 62120 |
| forfeit and pay into the state treasury a late charge equal to | 62121 |
| fifty dollars or ten per cent of the net additional tax due, | 62122 |
| whichever is greater. If the net additional tax, or any portion | 62123 |
| thereof, whether determined by the commissioner or the wholesale | 62124 |
| or retail dealer, is not paid on or before the date prescribed for | 62125 |
| payment under this section, interest shall accrue on the unpaid | 62126 |
| amount at the rate per annum required by section 5703.47 of the | 62127 |
| Revised Code from the date prescribed for payment of the net | 62128 |
| additional tax to the date of payment or to the date the | 62129 |
| commissioner issues an assessment under section 5743.081 or | 62130 |
| 5743.082 of the Revised Code, whichever occurs first. Interest | 62131 |
| shall be paid and collected in the same manner as the net | 62132 |
| additional tax. | 62133 |
| (D) Unpaid or unreported net additional taxes, late charges, | 62134 |
| and interest may be collected by assessment in the manner | 62135 |
| prescribed under sections 5743.081 and 5743.082 of the Revised | 62136 |
| Code. | 62137 |
| (E) All amounts collected under this section shall be | 62138 |
| considered revenue arising from the tax imposed by section 5743.02 | 62139 |
| of the Revised Code. | 62140 |
| Section 557.09. (A) This section applies only to the | 62141 |
| semiannual period from July 1, 2005, to December 31, 2005. | 62142 |
| Notwithstanding any provision of Chapter 5751. of the Revised | 62143 |
| Code as enacted by this act, for purposes of making the first | 62144 |
| payment of the tax imposed under that chapter, a tax return for | 62145 |
| both calendar year and calendar quarter taxpayers for that | 62146 |
| semiannual period shall be filed not later than February 10, 2006. | 62147 |
| The semiannual tax payment for all taxpayers for that semiannual | 62148 |
| period shall be fifty dollars for the first five hundred thousand | 62149 |
| dollars in taxable gross receipts during that semiannual period. | 62150 |
| In addition, a tax is imposed on all taxable gross receipts for | 62151 |
| that semiannual period in excess of five hundred thousand dollars. | 62152 |
| Such tax shall equal the product of six-tenths of one mill per | 62153 |
| dollar (the result of rounding twenty-three per cent of two and | 62154 |
| six-tenths mills) times the remaining amount of taxable gross | 62155 |
| receipts after subtracting five hundred thousand dollars in | 62156 |
| taxable gross receipts. | 62157 |
| (B) Only persons excluded pursuant to division (D)(1) to (4) | 62158 |
| of section 5751.01 of the Revised Code, as enacted by this act, | 62159 |
| and persons with less than forty thousand dollars in taxable gross | 62160 |
| receipts during calendar year 2005 are not subject to this | 62161 |
| section. | 62162 |
| (C) The tax commissioner shall take the necessary steps to | 62163 |
| implement this section and use money in the commercial tax | 62164 |
| administrative fund to promote awareness of the tax imposed under | 62165 |
| this section and under Chapter 5751. of the Revised Code as | 62166 |
| enacted by this act by means of advertising and other reasonable | 62167 |
| means. | 62168 |
| Section 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS | 62169 |
| (A) On or before the seventh day of each month of the period | 62170 |
| July 2005 through June 2007, the Tax Commissioner shall determine | 62171 |
| and certify to the Director of Budget and Management the amount to | 62172 |
| be credited, by tax, during that month to the Local Government | 62173 |
| Fund, to the Library and Local Government Support Fund, and to the | 62174 |
| Local Government Revenue Assistance Fund, respectively, under | 62175 |
| divisions (B) to (G) of this section. | 62176 |
| (B) Notwithstanding sections 5727.45, 5727.84, 5733.12, | 62177 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, | 62178 |
| for each month in the period July 1, 2005, through June 30, 2007, | 62179 |
| from the utility excise, kilowatt-hour, corporation franchise, | 62180 |
| sales and use, and personal income taxes collected: | 62181 |
| (1) An amount shall first be credited to the Local Government | 62182 |
| Fund equal to the amount credited to that fund from that tax | 62183 |
| according to the schedule in divisions (C), (D), (E), and (F) of | 62184 |
| this section; | 62185 |
| (2) An amount shall next be credited to the Local Government | 62186 |
| Revenue Assistance Fund equal to the amount credited to that fund | 62187 |
| from that tax according to the schedule in divisions (C), (D), | 62188 |
| (E), and (F) of this section; | 62189 |
| (3) An amount shall next be credited to the Library and Local | 62190 |
| Government Support Fund equal to the amount credited to that fund | 62191 |
| from that tax according to the schedule in division (G) of this | 62192 |
| section. | 62193 |
| (C) Pursuant to divisions (B)(1) and (2) of this section, the | 62194 |
| amounts shall be credited from the corporation franchise, sales | 62195 |
| and use, and personal income taxes to each respective fund as | 62196 |
| follows: | 62197 |
| (1) In July 2005, one hundred per cent of the amount credited | 62198 |
| in July 2004; in July 2006, eighty per cent of the amount credited | 62199 |
| in July 2005; | 62200 |
| (2) In August 2005, one hundred per cent of the amount | 62201 |
| credited in August 2004; in August 2006, eighty per cent of the | 62202 |
| amount credited in August 2005; | 62203 |
| (3) In September 2005, one hundred per cent of the amount | 62204 |
| credited in September 2004; in September 2006, eighty per cent of | 62205 |
| the amount credited in September 2005; | 62206 |
| (4) In October 2005, one hundred per cent of the amount | 62207 |
| credited in October 2004; in October 2006, eighty per cent of the | 62208 |
| amount credited in October 2005; | 62209 |
| (5) In November 2005, one hundred per cent of the amount | 62210 |
| credited in November 2004; in November 2006, eighty per cent of | 62211 |
| the amount credited in November 2005; | 62212 |
| (6) In December 2005, eighty per cent of the amount credited | 62213 |
| in December 2004; in December 2006, one hundred per cent of the | 62214 |
| amount credited in December 2005; | 62215 |
| (7) In January 2006, eighty per cent of the amount credited | 62216 |
| in January 2005; in January 2007, one hundred per cent of the | 62217 |
| amount credited in January 2006; | 62218 |
| (8) In February 2006, eighty per cent of the amount credited | 62219 |
| in February 2005; in February 2007, one hundred per cent of the | 62220 |
| amount credited in February 2006; | 62221 |
| (9) In March 2006, eighty per cent of the amount credited in | 62222 |
| March 2005; in March 2007, one hundred per cent of the amount | 62223 |
| credited in March 2006; | 62224 |
| (10) In April 2006, eighty per cent of the amount credited in | 62225 |
| April 2005; in April 2007, one hundred per cent of the amount | 62226 |
| credited in April 2006; | 62227 |
| (11) In May 2006, eighty per cent of the amount credited in | 62228 |
| May 2005; in May 2007, one hundred per cent of the amount credited | 62229 |
| in May 2006; | 62230 |
| (12) In June 2006, eighty per cent of the amount credited in | 62231 |
| June 2005; in June 2007, one hundred per cent of the amount | 62232 |
| credited in June 2006. | 62233 |
| (D) Pursuant to divisions (B)(1) and (2) of this section, | 62234 |
| from the public utility excise tax, amounts shall be credited to | 62235 |
| the Local Government Fund and the Local Government Revenue | 62236 |
| Assistance Fund as follows: | 62237 |
| (1) In July 2005 and July 2006, no amount shall be credited | 62238 |
| to the Local Government Fund and no amount shall be credited to | 62239 |
| the Local Government Revenue Assistance Fund; | 62240 |
| (2) In August 2005, $5,575.79 shall be credited to the Local | 62241 |
| Government Fund and $796.54 shall be credited to the Local | 62242 |
| Government Revenue Assistance Fund; in August 2006, $5,018.21 | 62243 |
| shall be credited to the Local Government Fund and $716.89 shall | 62244 |
| be credited to the Local Government Revenue Assistance Fund; | 62245 |
| (3) In September 2005, $2.58 shall be credited to the Local | 62246 |
| Government Fund and $0.37 shall be credited to the Local | 62247 |
| Government Revenue Assistance Fund; in September 2006, $2.32 shall | 62248 |
| be credited to the Local Government Fund and $0.34 shall be | 62249 |
| credited to the Local Government Revenue Assistance Fund; | 62250 |
| (4) In October 2005, $3,418,057.02 shall be credited to the | 62251 |
| Local Government Fund and $488,293.86 shall be credited to the | 62252 |
| Local Government Revenue Assistance Fund; in October 2006, | 62253 |
| $3,076,251.32 shall be credited to the Local Government Fund and | 62254 |
| $439,464.48 shall be credited to the Local Government Revenue | 62255 |
| Assistance Fund; | 62256 |
| (5) In November 2005, $454,893.03 shall be credited to the | 62257 |
| Local Government Fund and $64,984.72 shall be credited to the | 62258 |
| Local Government Revenue Assistance Fund; in November 2006, | 62259 |
| $409,403.73 shall be credited to the Local Government Fund and | 62260 |
| $58,486.25 shall be credited to the Local Government Revenue | 62261 |
| Assistance Fund; | 62262 |
| (6) In December 2005 and December 2006, $473,674.39 shall be | 62263 |
| credited to the Local Government Fund and $67,667.79 shall be | 62264 |
| credited to the Local Government Revenue Assistance Fund; | 62265 |
| (7) In January 2006 and January 2007, $56.92 shall be | 62266 |
| credited to the Local Government Fund and $8.13 shall be credited | 62267 |
| to the Local Government Revenue Assistance Fund; | 62268 |
| (8) In February 2006 and February 2007, $593,149.60 shall be | 62269 |
| credited to the Local Government Fund and $84,735.65 shall be | 62270 |
| credited to the Local Government Revenue Assistance Fund; | 62271 |
| (9) In March 2006 and March 2007, $3,076,775.40 shall be | 62272 |
| credited to the Local Government Fund and $439,539.35 shall be | 62273 |
| credited to the Local Government Revenue Assistance Fund; | 62274 |
| (10) In April 2006 and April 2007, $398.38 shall be credited | 62275 |
| to the Local Government Fund and $56.91 shall be credited to the | 62276 |
| Local Government Revenue Assistance Fund; | 62277 |
| (11) In May 2006 and May 2007, $1,292,231.19 shall be | 62278 |
| credited to the Local Government Fund and $184,604.45 shall be | 62279 |
| credited to the Local Government Revenue Assistance Fund; | 62280 |
| (12) In June 2006 and June 2007, $3,658,372.10 shall be | 62281 |
| credited to the Local Government Fund and $522,624.59 shall be | 62282 |
| credited to the Local Government Revenue Assistance Fund. | 62283 |
| (E) Pursuant to divisions (B)(1) and (2) of this section, | 62284 |
| from the kilowatt-hour tax, amounts shall be credited to the Local | 62285 |
| Government Fund and the Local Government Revenue Assistance Fund | 62286 |
| as follows: | 62287 |
| (1) In July 2005 and July 2006, no amount shall be credited | 62288 |
| to the Local Government Fund and no amount shall be credited to | 62289 |
| the Local Government Revenue Assistance Fund; | 62290 |
| (2) In August 2005, $7,242.11 shall be credited to the Local | 62291 |
| Government Fund and $1,034.58 shall be credited to the Local | 62292 |
| Government Revenue Assistance Fund; in August 2006, $6,517.90 | 62293 |
| shall be credited to the Local Government Fund and $931.12 shall | 62294 |
| be credited to the Local Government Revenue Assistance Fund; | 62295 |
| (3) In September 2005, $3.34 shall be credited to the Local | 62296 |
| Government Fund and $0.48 shall be credited to the Local | 62297 |
| Government Revenue Assistance Fund; in September 2006, $3.01 shall | 62298 |
| be credited to the Local Government Fund and $0.43 shall be | 62299 |
| credited to the Local Government Revenue Assistance Fund; | 62300 |
| (4) In October 2005, $4,439,545.32 shall be credited to the | 62301 |
| Local Government Fund and $634,220.76 shall be credited to the | 62302 |
| Local Government Revenue Assistance Fund; in October 2006, | 62303 |
| $3,995,590.79 shall be credited to the Local Government Fund and | 62304 |
| $570,798.68 shall be credited to the Local Government Revenue | 62305 |
| Assistance Fund; | 62306 |
| (5) In November 2005, $590,838.08 shall be credited to the | 62307 |
| Local Government Fund and $84,405.43 shall be credited to the | 62308 |
| Local Government Revenue Assistance Fund; in November 2006, | 62309 |
| $531,754.27 shall be credited to the Local Government Fund and | 62310 |
| $75,964.89 shall be credited to the Local Government Revenue | 62311 |
| Assistance Fund; | 62312 |
| (6) In December 2005 and December 2006, $615,232.25 shall be | 62313 |
| credited to the Local Government Fund and $87,890.33 shall be | 62314 |
| credited to the Local Government Revenue Assistance Fund; | 62315 |
| (7) In January 2006 and January 2007, $73.94 shall be | 62316 |
| credited to the Local Government Fund and $10.57 shall be credited | 62317 |
| to the Local Government Revenue Assistance Fund; | 62318 |
| (8) In February 2006 and February 2007, $770,412.70 shall be | 62319 |
| credited to the Local Government Fund and $110,058.94 shall be | 62320 |
| credited to the Local Government Revenue Assistance Fund; | 62321 |
| (9) In March 2006 and March 2007, $3,996,271.49 shall be | 62322 |
| credited to the Local Government Fund and $570,895.93 shall be | 62323 |
| credited to the Local Government Revenue Assistance Fund; | 62324 |
| (10) In April 2006 and April 2007, $517.44 shall be credited | 62325 |
| to the Local Government Fund and $73.92 shall be credited to the | 62326 |
| Local Government Revenue Assistance Fund; | 62327 |
| (11) In May 2006 and May 2007, $1,678,412.21 shall be | 62328 |
| credited to the Local Government Fund and $239,773.60 shall be | 62329 |
| credited to the Local Government Revenue Assistance Fund; | 62330 |
| (12) In June 2006 and June 2007, $4,751,678.70 shall be | 62331 |
| credited to the Local Government Fund and $678,811.24 shall be | 62332 |
| credited to the Local Government Revenue Assistance Fund. | 62333 |
| (F) In addition to the amounts credited pursuant to divisions | 62334 |
| (C), (D), and (E) of this section, a supplemental amount shall be | 62335 |
| credited each month to the Local Government Fund and the Local | 62336 |
| Government Revenue Assistance Fund from the personal income tax. | 62337 |
| The supplemental amount shall equal any additional amount | 62338 |
| necessary to make the monthly distributions required by division | 62339 |
| (I) of this section to the extent such distributions exceed the | 62340 |
| amounts already credited pursuant to divisions (C), (D), and (E) | 62341 |
| of this section. | 62342 |
| (G) Pursuant to division (B)(3) of this section, amounts | 62343 |
| shall be credited from the personal income tax to the Library and | 62344 |
| Local Government Support Fund as follows: | 62345 |
| (1) In July 2005, one hundred per cent of the amount credited | 62346 |
| in July 2004; in July 2006, ninety-five per cent of the amount | 62347 |
| credited in July 2005; | 62348 |
| (2) In August 2005, one hundred per cent of the amount | 62349 |
| credited in August 2004; in August 2006, ninety-five per cent of | 62350 |
| the amount credited in August 2005; | 62351 |
| (3) In September 2005, one hundred per cent of the amount | 62352 |
| credited in September 2004; in September 2006, ninety-five per | 62353 |
| cent of the amount credited in September 2005; | 62354 |
| (4) In October 2005, one hundred per cent of the amount | 62355 |
| credited in October 2004; in October 2006, ninety-five per cent of | 62356 |
| the amount credited in October 2005; | 62357 |
| (5) In November 2005, one hundred per cent of the amount | 62358 |
| credited in November 2004; in November 2006, ninety-five per cent | 62359 |
| of the amount credited in November 2005; | 62360 |
| (6) In December 2005, ninety-five per cent of the amount | 62361 |
| credited in December 2004; in December 2006, one hundred per cent | 62362 |
| of the amount credited in December 2005; | 62363 |
| (7) In January 2006, ninety-five per cent of the amount | 62364 |
| credited in January 2005; in January 2007, one hundred per cent of | 62365 |
| the amount credited in January 2006; | 62366 |
| (8) In February 2006, ninety-five per cent of the amount | 62367 |
| credited in February 2005; in February 2007, one hundred per cent | 62368 |
| of the amount credited in February 2006; | 62369 |
| (9) In March 2006, ninety-five per cent of the amount | 62370 |
| credited in March 2005; in March 2007, one hundred per cent of the | 62371 |
| amount credited in March 2006; | 62372 |
| (10) In April 2006, ninety-five per cent of the amount | 62373 |
| credited in April 2005; in April 2007, one hundred per cent of the | 62374 |
| amount credited in April 2006; | 62375 |
| (11) In May 2006, ninety-five per cent of the amount credited | 62376 |
| in May 2005; in May 2007, one hundred per cent of the amount | 62377 |
| credited in May 2006; | 62378 |
| (12) In June 2006, ninety-five per cent of the amount | 62379 |
| credited in June 2005; in June 2007, one hundred per cent of the | 62380 |
| amount credited in June 2006. | 62381 |
| (H) The total amount credited to the Local Government Fund | 62382 |
| and the Local Government Revenue Assistance Fund in each month | 62383 |
| during the period July 2005 through November 2005 shall be | 62384 |
| distributed by the tenth day of the immediately succeeding month | 62385 |
| in the following manner, and the total amount credited to the | 62386 |
| Library and Local Government Support Fund in each month during the | 62387 |
| period July 2005 through June 2007 shall be distributed by the | 62388 |
| tenth day of the immediately succeeding month in the following | 62389 |
| manner: | 62390 |
| (1) Each county undivided local government fund shall receive | 62391 |
| a distribution from the Local Government Fund based on its | 62392 |
| proportionate share of the total amount received from the fund in | 62393 |
| such respective month for the period August 1, 2004, through | 62394 |
| December 31, 2004. | 62395 |
| (2) Each municipal corporation receiving a direct | 62396 |
| distribution from the Local Government Fund shall receive a | 62397 |
| distribution based on its proportionate share of the total amount | 62398 |
| received from the fund in such respective month for the period | 62399 |
| August 1, 2004, through December 31, 2004. | 62400 |
| (3) Each county undivided local government revenue assistance | 62401 |
| fund shall receive a distribution from the Local Government | 62402 |
| Revenue Assistance Fund based on its proportionate share of the | 62403 |
| total amount received from the fund in such respective month for | 62404 |
| the period August 1, 2004, through December 31, 2004. | 62405 |
| (4) Each county undivided library and local government | 62406 |
| support fund shall receive a distribution from the Library and | 62407 |
| Local Government Support Fund based on its proportionate share of | 62408 |
| the total amount received from the fund in such respective month | 62409 |
| for the period August 1, 2004, through July 31, 2005. | 62410 |
| (I) The total amount credited to the Local Government Fund | 62411 |
| and the Local Government Revenue Assistance Fund in each month | 62412 |
| during the period December 2005 through June 2007 shall be | 62413 |
| distributed by the tenth day of the immediately succeeding month | 62414 |
| in the following manner: | 62415 |
| (1) Each county undivided local government fund and each | 62416 |
| county undivided local government revenue assistance fund shall | 62417 |
| receive the "countywide township and village distribution" for | 62418 |
| each respective fund, as determined under divisions (I)(1)(a) and | 62419 |
| (b) of this section. | 62420 |
| (a) The countywide township and village distribution is | 62421 |
| determined as follows: For each county undivided local government | 62422 |
| fund and each county undivided local government revenue assistance | 62423 |
| fund, the Tax Commissioner shall identify the proportionate shares | 62424 |
| of the distributions made from each fund to townships and villages | 62425 |
| located partially or entirely in that county, as reported by the | 62426 |
| county auditor for calendar year 2005 under division (J) of | 62427 |
| section 5747.51 and division (I) of section 5747.62 of the Revised | 62428 |
| Code, respectively. For each county and each fund, the Tax | 62429 |
| Commissioner shall compute the sum of the proportionate shares of | 62430 |
| distributions to townships and villages, and shall next multiply | 62431 |
| the sum for each fund by the amount distributed each month to the | 62432 |
| county undivided local government fund from the local government | 62433 |
| fund and by the amount distributed each month to the county | 62434 |
| undivided local government revenue assistance fund from the local | 62435 |
| government revenue assistance fund, respectively, during the | 62436 |
| period January 2005 through December 2005. | 62437 |
| (b) The Tax Commissioner shall multiply each product derived | 62438 |
| in division (I)(1)(a) of this section by ninety per cent to yield | 62439 |
| that month's countywide township and village distribution for each | 62440 |
| fund and each county. | 62441 |
| (c) Only those subdivisions reported as townships and those | 62442 |
| municipal corporations reported as villages in the most recent | 62443 |
| edition of the Secretary of State's "Ohio Municipal, Township and | 62444 |
| School Board Roster," available as of November 1, 2005, shall be | 62445 |
| considered to be townships or villages, respectively, for purposes | 62446 |
| of this section. Townships and villages that are dissolved or that | 62447 |
| merge with another subdivision on or after August 1, 2005, may be | 62448 |
| excluded from the calculation of the countywide township and | 62449 |
| village distribution. | 62450 |
| (2) In addition to the countywide township and village | 62451 |
| distribution provided in division (I)(1) of this section, each | 62452 |
| county undivided local government fund and each county undivided | 62453 |
| local government revenue assistance fund shall receive the | 62454 |
| "countywide non-township and non-village distribution" computed | 62455 |
| for each fund under divisions (I)(2)(a) and (b) of this section. | 62456 |
| (a) The monthly product calculated pursuant to division | 62457 |
| (I)(1)(a) of this section for each county undivided local | 62458 |
| government fund shall be subtracted from the county undivided | 62459 |
| local government fund distribution made from the local government | 62460 |
| fund in such respective month during the period January 2005 | 62461 |
| through December 2005. The difference shall be multiplied by | 62462 |
| eighty per cent. | 62463 |
| (b) The monthly product calculated pursuant to division | 62464 |
| (I)(1)(a) for each county undivided local government revenue | 62465 |
| assistance fund shall be subtracted from the county undivided | 62466 |
| local government revenue assistance fund distribution made from | 62467 |
| the local government revenue assistance fund in such respective | 62468 |
| month during the period January 2005 through December 2005. The | 62469 |
| difference shall be multiplied by eighty per cent. | 62470 |
| (3) Each municipal corporation identified by the Tax | 62471 |
| Commissioner as a village under division (I)(1)(c) of this section | 62472 |
| shall receive in each month an amount directly from the Local | 62473 |
| Government Fund equal to ninety per cent of the amount the | 62474 |
| municipal corporation received directly from that fund in such | 62475 |
| respective month during the period January 1, 2005, through | 62476 |
| December 31, 2005. | 62477 |
| (4) Except for villages receiving amounts pursuant to | 62478 |
| division (I)(3) of this section, each municipal corporation shall | 62479 |
| receive in each month an amount directly from the Local Government | 62480 |
| Fund that is equal to eighty per cent of the amount the municipal | 62481 |
| corporation received directly from that fund in such respective | 62482 |
| month during the period January 1, 2005, through December 31, | 62483 |
| 2005. | 62484 |
| (5) By December 20, 2005, the Tax Commissioner shall make the | 62485 |
| following available to each county auditor: a list of the county's | 62486 |
| subdivisions located within the county that are considered to be | 62487 |
| villages and townships under this section; the countywide township | 62488 |
| and village distribution for such county for each month and each | 62489 |
| fund during the January 2006 through July 2007 period; the | 62490 |
| countywide non-township and non-village distribution for such | 62491 |
| county for each month and each fund during the January 2006 | 62492 |
| through July 2007 period; and any other information deemed | 62493 |
| reasonable and appropriate for the purposes of making the | 62494 |
| distributions required by this section. | 62495 |
| (J) Notwithstanding the formula provided in division (I) of | 62496 |
| this section for distributing the Local Government Fund to county | 62497 |
| undivided local government funds, the amounts allocated to each | 62498 |
| county undivided local government fund shall be distributed among | 62499 |
| all subdivisions based on the proportionate shares determined for | 62500 |
| the appropriate calendar year under division (B) of section | 62501 |
| 5747.51 of the Revised Code, using either the method prescribed by | 62502 |
| divisions (C) to (I) of that section or the method prescribed | 62503 |
| pursuant to section 5747.53 of the Revised Code. Notwithstanding | 62504 |
| the formula provided in division (I) of this section for | 62505 |
| distributing the Local Government Revenue Assistance Fund to | 62506 |
| county undivided local government revenue assistance funds, the | 62507 |
| amounts allocated to each county undivided local government | 62508 |
| revenue assistance fund shall be distributed among other | 62509 |
| subdivisions based on the proportionate shares determined for the | 62510 |
| appropriate calendar year under division (B) of section 5747.62 of | 62511 |
| the Revised Code, using either the method prescribed by divisions | 62512 |
| (C) to (H) of that section or the method prescribed pursuant to | 62513 |
| section 5747.63 of the Revised Code. | 62514 |
| (K) For the 2005, 2006, and 2007 distribution years, the Tax | 62515 |
| Commissioner is not required to issue the certifications otherwise | 62516 |
| required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of | 62517 |
| the Revised Code, but shall provide to each county auditor by the | 62518 |
| twentieth day of July 2005, July 2006, and July 2007 an estimate | 62519 |
| of the amounts to be received by the county in the ensuing year | 62520 |
| from the Local Government Fund, Local Government Revenue | 62521 |
| Assistance Fund, and Library and Local Government Support Fund | 62522 |
| pursuant to this section and any pertinent section of the Revised | 62523 |
| Code. For the 2006 distribution year, the Tax Commissioner shall | 62524 |
| provide by December 20, 2005, a revised estimate of the amounts to | 62525 |
| be received by the county in the ensuing year from the Local | 62526 |
| Government Fund, Local Government Revenue Assistance Fund, and | 62527 |
| Library and Local Government Support Fund pursuant to this section | 62528 |
| and any pertinent section of the Revised Code. At the discretion | 62529 |
| of the Tax Commissioner, the Tax Commissioner may report to each | 62530 |
| county auditor additional revised estimates of the 2005, 2006, or | 62531 |
| 2007 distributions at any time during the period July 1, 2005, | 62532 |
| through July 31, 2007. | 62533 |
| (L) During the period July 1, 2005, through July 31, 2007, | 62534 |
| the Director of Budget and Management shall issue such directives | 62535 |
| to state agencies that are necessary to ensure that the | 62536 |
| appropriate amounts are distributed to the Local Government Fund, | 62537 |
| to the Local Government Revenue Assistance Fund, and to the | 62538 |
| Library and Local Government Support Fund. | 62539 |
| Section 557.15. The amendment by this act of sections 319.302 | 62540 |
| and 323.152 of the Revised Code first applies in tax year 2006. | 62541 |
| Section 557.18. Section 319.54 of the Revised Code, as | 62542 |
| amended by this act, applies to any conveyance of real property | 62543 |
| presented to the county auditor on or after July 1, 2005, | 62544 |
| regardless of its time of execution or delivery. | 62545 |
| Section 557.21. The amendment by this act of section 5727.81 | 62546 |
| of the Revised Code first applies to the measurement period that | 62547 |
| includes July 1, 2005. | 62548 |
| Section 557.24. (A) The amendment by this act of sections | 62549 |
| 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, and 5731.181 of the | 62550 |
| Revised Code, and the repeal by this act of section 5731.20 of the | 62551 |
| Revised Code, applies to estates of decedents dying on or after | 62552 |
| the effective date of those sections as amended by this act. | 62553 |
| Section 557.27. The amendment by this act of section 5733.40 | 62554 |
| of the Revised Code applies to taxable years ending on or after | 62555 |
| the effective date of this act. | 62556 |
| Section 557.30. Except as otherwise provided in division | 62557 |
| (A)(18) of section 5747.01 and division (A) of section 5747.02 of | 62558 |
| the Revised Code, the amendment by this act of sections 5747.01 | 62559 |
| and 5747.02 of the Revised Code applies to taxable years ending on | 62560 |
| or after the effective date of this section. | 62561 |
| Section 557.33. The amendment by this act of section 5747.05 | 62562 |
| of the Revised Code applies to taxable years ending on or after | 62563 |
| the effective date of this section. | 62564 |
| Section 606.03. If any item of law that constitutes the whole | 62565 |
| or part of a codified or uncodified section of law contained in | 62566 |
| this act, or if any application of any item of law that | 62567 |
| constitutes the whole or part of a codified or uncodified section | 62568 |
| of law contained in this act, is held invalid, the invalidity does | 62569 |
| not affect other items of law or applications of items of law that | 62570 |
| can be given effect without the invalid item of law or | 62571 |
| application. To this end, the items of law of which the codified | 62572 |
| and uncodified sections contained in this act are composed, and | 62573 |
| their applications, are independent and severable. | 62574 |
| Section 609.03. An item of law, other than an amending, | 62575 |
| enacting, or repealing clause, that composes the whole or part of | 62576 |
| an uncodified section contained in this act has no effect after | 62577 |
| June 30, 2007, unless its context clearly indicates otherwise. | 62578 |
| Section 612.03. Except as otherwise specifically provided in | 62579 |
| this act, the codified sections of law amended or enacted in this | 62580 |
| act, and the items of law of which the codified sections of law | 62581 |
| amended or enacted in this act are composed, are subject to the | 62582 |
| referendum. Therefore, under Ohio Constitution, Article II, | 62583 |
| Section 1c and section 1.471 of the Revised Code, the codified | 62584 |
| sections of law amended or enacted by this act, and the items of | 62585 |
| law of which the codified sections of law as amended or enacted by | 62586 |
| this act are composed, take effect on the ninety-first day after | 62587 |
| this act is filed with the Secretary of State. If, however, a | 62588 |
| referendum petition is filed against any such codified section of | 62589 |
| law as amended or enacted by this act, or against any item of law | 62590 |
| of which any such codified section of law as amended or enacted by | 62591 |
| this act is composed, the codified section of law as amended or | 62592 |
| enacted, or item of law, unless rejected at the referendum, takes | 62593 |
| effect at the earliest time permitted by law. | 62594 |
| Section 612.06. Except as otherwise specifically provided in | 62595 |
| this act, the repeal by this act of a codified section of law is | 62596 |
| subject to the referendum. Therefore, under Ohio Constitution, | 62597 |
| Article II, Section 1c and section 1.471 of the Revised Code, the | 62598 |
| repeal by this act of a codified section of law takes effect on | 62599 |
| the ninety-first day after this act is filed with the Secretary of | 62600 |
| State. If, however, a referendum petition is filed against any | 62601 |
| such repeal, the repeal, unless rejected at the referendum, takes | 62602 |
| effect at the earliest time permitted by law. | 62603 |
| Section 612.09. The sections of law amended, enacted, or | 62604 |
| repealed by this act that are listed in this section are subject | 62605 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 62606 |
| Section 1c and section 1.471 of the Revised Code, the sections, | 62607 |
| and the items of law of which they are composed, take effect as | 62608 |
| specified in this section. If, however, a referendum petition is | 62609 |
| filed against any such section as amended, enacted, or repealed, | 62610 |
| or against any item of law of which any such section as amended or | 62611 |
| enacted is composed, the section as amended, enacted, or repealed | 62612 |
| goes into effect at the earliest time permitted by law that is on | 62613 |
| or after the effective date specified in this section. | 62614 |
| Sections 9.24, 120.52, 120.53, 131.23, 317.08, 317.36, | 62615 |
| 323.01, 329.051, 340.03, 340.16, 1901.26, 1907.24, 2303.201, | 62616 |
| 2305.234, 2744.05, 3111.04, 3119.54, 3121.12, 3121.50, 3317.10, | 62617 |
| 3702.74, 4123.27, 4705.09, 4731.65, 4731.71, 4736.11, 5101.181, | 62618 |
| 5101.241, 5101.26, 5101.31, 5101.36, 5104.38, 5107.26, 5110.01, | 62619 |
| 5110.05, 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 | 62620 |
| (5111.0114), 5111.025, 5111.062, 5111.10, 5111.85, 5111.851, | 62621 |
| 5111.852, 5111.853, 5111.854, 5111.855, 5111.881, 5111.882, | 62622 |
| 5111.883, 5111.884, 5111.89, 5111.891, 5111.892, 5111.893, | 62623 |
| 5111.914, 5111.97 (5111.86), 5112.03, 5112.08, 5112.17, 5115.10, | 62624 |
| 5115.11, 5115.12, 5115.13, 5115.14, 5115.20, 5115.22, 5115.23, and | 62625 |
| 5119.61 of the Revised Code take effect October 1, 2005. | 62626 |
| Sections 3125.18, 5101.80, 5101.801, 5101.802, 5107.05, | 62627 |
| 5107.30, 5107.301, and 5153.16 of the Revised Code take effect | 62628 |
| January 1,2006. | 62629 |
| Section 612.12. Sections 108.05, 109.57, 109.91, 120.36, | 62630 |
| 121.37, 121.38, 121.381, 121.382, 122.011, 123.17, 125.05, 126.25, | 62631 |
| 141.011, 141.04, 147.05, 147.10, 147.11, 147.12, 147.371, 153.50, | 62632 |
| 153.51, 153.52, 181.251 (5502.63), 181.51 (5502.61), 181.52 | 62633 |
| (5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), | 62634 |
| 183.28, 339.72, 339.88, 742.59, 901.43, 901.44, 905.32, 905.33, | 62635 |
| 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.66, 907.16, | 62636 |
| 911.02, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, | 62637 |
| 923.44, 923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.70, | 62638 |
| 1327.71, 1327.99, 1533.881, 1713.03, 2113.041, 2151.416, 2152.74, | 62639 |
| 2901.07, 2923.25, 3107.10, 3125.191, 3301.311, 3301.32, 3301.86, | 62640 |
| 3301.88, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.03, | 62641 |
| 3314.074, 3314.08, 3314.13, 3317.012, 3317.013, 3317.02, 3317.022, | 62642 |
| 3317.023, 3317.026, 3317.027, 3317.028, 3317.0212, 3317.0217, | 62643 |
| 3317.03, 3317.05, 3317.052, 3317.053, 3317.06, 3317.081, 3317.16, | 62644 |
| 3317.20, 3317.201, 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 | 62645 |
| (3318.49), 3317.50, 3317.51, 3318.33, 3319.22, 3319.235, 3323.091, | 62646 |
| 3323.14, 3323.16, 3325.11, 3325.12, 3325.16, 3325.17, 3353.01, | 62647 |
| 3353.06, 3353.07, 3365.01, 3365.02, 3701.146, 3702.141, 3702.68, | 62648 |
| 3702.83, 3709.29, 3709.34, 3712.03, 3715.04, 3721.02, 3721.03, | 62649 |
| 3721.032, 3721.07, 3721.15, 3721.541, 3722.04, 3734.901, | 62650 |
| 3734.9010, 3743.57, 3745.015, 3745.11, 3745.114, 3748.07, 3748.13, | 62651 |
| 3770.061, 3793.09, 3901.021, 3901.17, 3905.36, 4112.12, 4511.75, | 62652 |
| 4519.02, 4519.04, 4519.09, 4736.12, 4905.10, 4911.18, 4973.171, | 62653 |
| 5101.07, 5101.071, 5101.21, 5101.46, 5101.461, 5101.821, 5104.01, | 62654 |
| 5104.32, 5110.352, 5111.019, 5111.061, 5111.071 (5111.07), | 62655 |
| 5111.082, 5111.11, 5111.111, 5111.112 (5111.113), 5111.113 | 62656 |
| (5111.114), 5111.16, 5111.176, 5111.177, 5111.19, 5111.191, | 62657 |
| 5111.98, 5112.30, 5112.341, 5120.09, 5120.51, 5139.01, 5502.01, | 62658 |
| 5731.39, and 6109.21 of the Revised Code as amended or enacted by | 62659 |
| this act, and the items of law of which such sections as amended | 62660 |
| or enacted by this act are composed, are not subject to the | 62661 |
| referendum. Therefore, under Ohio Constitution, Article II, | 62662 |
| Section 1d and section 1.471 of the Revised Code, such sections as | 62663 |
| amended or enacted by this act, and the items of law of which such | 62664 |
| sections as amended or enacted by this act are composed, go into | 62665 |
| immediate effect when this act becomes law. | 62666 |
| Section 612.15. The repeal by this act of sections 181.53, | 62667 |
| 339.77, 742.36, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, | 62668 |
| 3301.37, 3301.38, 3301.80, 3301.85, 3301.87, 3317.0213, 3353.02, | 62669 |
| 3353.03, 3353.04, and 5111.07 of the Revised Code is not subject | 62670 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 62671 |
| Section 1d and section 1.471 of the Revised Code, the repeals go | 62672 |
| into immediate effect when this act becomes law. | 62673 |
| Section 612.18. The sections of law amended, enacted, or | 62674 |
| repealed by this act that are listed in this section are not | 62675 |
| subject to the referendum. Therefore, under Ohio Constitution, | 62676 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 62677 |
| sections as amended, enacted, or repealed, and the items of law of | 62678 |
| which as amended or enacted they are composed, go into effect as | 62679 |
| specified in this section. | 62680 |
| Sections 140.01, 173.20, 173.21, 3323.021, 3721.01, 3721.19, | 62681 |
| 3721.50, 3721.51, 3721.511, 3721.52, 3721.56, 3721.561, 3721.58, | 62682 |
| 3722.01, 3722.02, 3722.16, 4117.24, 5111.041, 5111.042, 5111.20, | 62683 |
| 5111.21, 5111.22, 5111.221, 5111.23, 5111.231 (5111.24), 5111.235, | 62684 |
| 5111.24, 5111.241, 5111.25 (5111.27), 5111.251, 5111.255, | 62685 |
| 5111.257, 5111.26 (5111.23), 5111.261, 5111.262, 5111.263 | 62686 |
| (5111.25), 5111.264, 5111.27, 5111.28, 5111.29 (5111.30), | 62687 |
| 5111.291, 5111.30 (5111.224), 5111.31 (5111.222), 5111.32 | 62688 |
| (5111.223), 5111.33 (5111.26), 5111.34, 5111.65, 5111.66, | 62689 |
| 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, | 62690 |
| 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, | 62691 |
| 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, | 62692 |
| 5111.99, 5112.31, 5123.01, 5123.041, 5123.046, 5123.047, 5123.048, | 62693 |
| 5123.049, 5123.0412, 5123.34, 5123.71, 5123.76, 5126.01, 5126.035, | 62694 |
| 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, and | 62695 |
| 5705.091 of the Revised Code take effect July 1, 2005. | 62696 |
| Sections 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, | 62697 |
| 3310.06, 3310.07, 3310.08, and 3310.09 of the Revised Code take | 62698 |
| effect July 1, 2006. | 62699 |
| Section 612.21. The amendment or enactment by this act of | 62700 |
| sections 122.17, 122.171, 140.08, 319.302, 319.54, 323.152, | 62701 |
| 1548.06, 4505.06, 5701.03, 5703.052, 5703.053, 5703.057, 5703.50, | 62702 |
| 5703.70, 5711.21, 5711.22, 5713.01, 5727.01, 5727.02, 5727.031, | 62703 |
| 5727.06, 5727.10, 5727.11, 5727.111, 5727.12, 5727.81, 5731.01, | 62704 |
| 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5733.01, 5733.40, | 62705 |
| 5733.41, 5739.02, 5739.025, 5739.10, 5741.02, 5747.02, 5747.05, | 62706 |
| 5747.056, 5747.08, 5747.98, 5751.01, 5751.011, 5751.012, 5751.02, | 62707 |
| 5751.03, 5751.031, 5751.032, 5751.04, 5751.05, 5751.06, 5751.07, | 62708 |
| 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, | 62709 |
| 5751.21, 5751.22, 5751.31, 5751.50, 5751.51, 5751.52, 5751.98, and | 62710 |
| 5751.99 of the Revised Code provides for or is essential to | 62711 |
| implementation of a tax levy. Therefore, under Ohio Constitution, | 62712 |
| Article II, Section 1d, the amendments and enactments, and the | 62713 |
| items of which they are composed, are not subject to the | 62714 |
| referendum and go into immediate effect when this act becomes law. | 62715 |
| Section 612.24. The repeal by this act of section 5731.20 of | 62716 |
| the Revised Code provides for or is essential to implementation of | 62717 |
| a tax levy. Therefore, under Ohio Constitution, Article II, | 62718 |
| Section 1d, the repeal is not subject to the referendum and goes | 62719 |
| into immediate effect when this act becomes law. | 62720 |
| Section 612.27. The amendment, enactment, or repeal by this | 62721 |
| act of the sections of law that are listed in this section | 62722 |
| provides for or is essential to implementation of a tax levy. | 62723 |
| Therefore, under Ohio Constitution, Article II, Section 1d, the | 62724 |
| amendments, enactments, and repeals, and the items of which any | 62725 |
| such amendment or enactment is composed, are not subject to the | 62726 |
| referendum and go into effect as specified in this section. | 62727 |
| Sections 4301.42, 4301.43, 4305.01, 5703.80, 5743.02, | 62728 |
| 5743.32, 5743.51, 5743.62, and 5743.63 of the Revised Code take | 62729 |
| effect July 1, 2005. | 62730 |
| Section 612.30. (A) Except as otherwise provided in division | 62731 |
| (B) of this section, the amendments by this act to section 127.16 | 62732 |
| of the Revised Code are not subject to the referendum. Therefore, | 62733 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 62734 |
| of the Revised Code, the amendments take effect July 1, 2005. | 62735 |
| (B) The amendment to division (D)(2) of section 127.16 of the | 62736 |
| Revised Code is subject to the referendum. Therefore, under Ohio | 62737 |
| Constitution, Article II, Section 1c and section 1.471 of the | 62738 |
| Revised Code, the amendment takes effect October 1, 2005. If, | 62739 |
| however, a referendum petition is filed against the amendment, the | 62740 |
| amendment, unless rejected at the referendum, takes effect at the | 62741 |
| earliest time permitted by law that is on or after the effective | 62742 |
| date specified in this division. | 62743 |
| Section 612.33. (A) Except as otherwise provided in division | 62744 |
| (B) of this section, the amendments by this act to section 321.24 | 62745 |
| of the Revised Code provides for or is essential to implementation | 62746 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 62747 |
| Section 1d, the amendments are not subject to the referendum and | 62748 |
| go into immediate effect when this act becomes law. | 62749 |
| (B) The amendment to division (F) of section 321.24 of the | 62750 |
| Revised Code provides for or is essential to implementation of a | 62751 |
| tax levy. Therefore, under Ohio Constitution, Article II, Section | 62752 |
| 1d, the amendment takes effect July 1, 2005. | 62753 |
| Section 612.36. (A) Except as otherwise provided in division | 62754 |
| (B) of this section, the amendments by this act to section 329.04 | 62755 |
| of the Revised Code are not subject to the referendum. Therefore, | 62756 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 62757 |
| of the Revised Code, the amendments go into immediate effect. | 62758 |
| (B) The amendments to divisions (A)(3) to (9) of section | 62759 |
| 329.04 of the Revised Code are subject to the referendum. | 62760 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 62761 |
| section 1.471 of the Revised Code, the amendments take effect | 62762 |
| October 1, 2005. If, however, a referendum petition is filed | 62763 |
| against the amendments, the amendments, unless rejected at the | 62764 |
| referendum, take effect at the earliest time permitted by law that | 62765 |
| is on or after the effective date specified in this division. | 62766 |
| Section 612.39. (A) Except as otherwise provided in division | 62767 |
| (B) of this section, the amendments by this act to section | 62768 |
| 3317.024 of the Revised Code are not subject to the referendum. | 62769 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 62770 |
| section 1.471 of the Revised Code, the amendments go into | 62771 |
| immediate effect. | 62772 |
| (B) The amendment to division (J) of section 3317.024 of the | 62773 |
| Revised Code is subject to the referendum. Therefore, under Ohio | 62774 |
| Constitution, Article II, Section 1c and section 1.471 of the | 62775 |
| Revised Code, the amendment takes effect on the ninety-first day | 62776 |
| after this act is filed with the Secretary of State. If, however, | 62777 |
| a referendum petition is filed against the amendment, the | 62778 |
| amendment, unless rejected at the referendum, takes effect at the | 62779 |
| earliest time permitted by law. | 62780 |
| Section 612.42. (A) Except as otherwise provided in division | 62781 |
| (B) of this section, the amendments by this act to section | 62782 |
| 3317.029 of the Revised Code are not subject to the referendum. | 62783 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 62784 |
| section 1.471 of the Revised Code, the amendments go into | 62785 |
| immediate effect. | 62786 |
| (B) The amendment to divisions (A)(2)(e) and (f) of section | 62787 |
| 3317.029 of the Revised Code is subject to the referendum. | 62788 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 62789 |
| section 1.471 of the Revised Code, the amendment takes effect | 62790 |
| October 1, 2005. If, however, a referendum petition is filed | 62791 |
| against the amendment, the amendment, unless rejected at the | 62792 |
| referendum, takes effect at the earliest time permitted by law | 62793 |
| that is on or after the effective date specified in this division. | 62794 |
| Section 612.45. (A) Except as otherwise provided in division | 62795 |
| (B) of this section, the amendments by this act to section 3702.51 | 62796 |
| of the Revised Code are not subject to the referendum. Therefore, | 62797 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 62798 |
| of the Revised Code, the amendments go into immediate effect. | 62799 |
| (B) The amendment to division (G)(10) of section 3702.51 of | 62800 |
| the Revised Code is not subject to the referendum. Therefore, | 62801 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 62802 |
| of the Revised Code, the amendments take effect July 1, 2005. | 62803 |
| Section 612.48. (A) Except as otherwise provided in division | 62804 |
| (B) of this section, the amendments to section 3734.57 of the | 62805 |
| Revised Code are not subject to the referendum. Therefore, under | 62806 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 62807 |
| Revised Code, the amendments go into immediate effect when this | 62808 |
| act becomes law. | 62809 |
| (B) The amendment adding division (A)(4) to section 3734.57 | 62810 |
| of the Revised Code is subject to the referendum. Therefore, under | 62811 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 62812 |
| Revised Code, the amendment goes into effect on the ninety-first | 62813 |
| day after this act is filed with the Secretary of State. If, | 62814 |
| however, a referendum petition is filed against the amendment, the | 62815 |
| amendment, unless rejected at the referendum, takes effect at the | 62816 |
| earliest time permitted by law. | 62817 |
| Section 612.51. (A) Except as otherwise provided in division | 62818 |
| (B) of this section, the amendments to section 5101.35 of the | 62819 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 62820 |
| Constitution, Article II, Section 1c and section 1.471 of the | 62821 |
| Revised Code, the amendments take effect January 1, 2006. If, | 62822 |
| however, a referendum petition is filed against the amendments, | 62823 |
| the amendments, unless rejected at the referendum, take effect at | 62824 |
| the earliest time permitted by law that is on or after the | 62825 |
| effective date specified in this division. | 62826 |
| (B) The amendment by this act to division (A)(3) of section | 62827 |
| 5101.35 of the Revised Code adding a reference to "5101.461" is | 62828 |
| not subject to the referendum. Therefore, under Ohio Constitution, | 62829 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 62830 |
| amendment goes into immediate effect. | 62831 |
| Section 612.54. (A) Except as otherwise provided in division | 62832 |
| (B) of this section, the amendments to section 5111.02 (5111.021) | 62833 |
| of the Revised Code are subject to the referendum. Therefore, | 62834 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 62835 |
| of the Revised Code, the amendments take effect October 1, 2005. | 62836 |
| If, however, a referendum petition is filed against the | 62837 |
| amendments, the amendments, unless rejected at the referendum, | 62838 |
| take effect at the earliest time permitted by law that is on or | 62839 |
| after the effective date specified in this division. | 62840 |
| (B) The amendment by this act to division (B) of section | 62841 |
| 5111.02 (5111.021) of the Revised Code striking the last sentence | 62842 |
| of that division (B) is not subject to the referendum. Therefore, | 62843 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 62844 |
| of the Revised Code, the amendment takes effect July 1, 2005. | 62845 |
| Section 612.57. (A) Except as otherwise provided in division | 62846 |
| (B) of this section, the amendments to section 5111.06 of the | 62847 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 62848 |
| Constitution, Article II, Section 1c and section 1.471 of the | 62849 |
| Revised Code, the amendments go into effect on October 1, 2005. | 62850 |
| If, however, a referendum petition is filed against the | 62851 |
| amendments, the amendments, unless rejected at the referendum, | 62852 |
| take effect at the earliest time permitted by law that is on or | 62853 |
| after the effective date specified in this division. | 62854 |
| (B) The amendment to division (A)(1) of section 5111.06 of | 62855 |
| the Revised Code that inserts a reference to section 5111.061 of | 62856 |
| the Revised Code is not subject to the referendum. Therefore, | 62857 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 62858 |
| of the Revised Code, the amendment goes into immediate effect when | 62859 |
| this act becomes law. | 62860 |
| Section 612.60. (A) Except as otherwise provided in division | 62861 |
| (B) of this section, the amendments to section 5111.204 of the | 62862 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 62863 |
| Constitution, Article II, Section 1c and section 1.471 of the | 62864 |
| Revised Code, the amendments go into effect on the ninety-first | 62865 |
| day after this act is filed with the Secretary of State. If, | 62866 |
| however, a referendum petition is filed against the amendments, | 62867 |
| the amendments, unless rejected at the referendum, take effect at | 62868 |
| the earliest time permitted by law. | 62869 |
| (B) The amendments to section 5111.204 of the Revised Code | 62870 |
| that strike "medical assistance" and insert "medicaid," that | 62871 |
| strike "specified in rules adopted by the director of job and | 62872 |
| family services under division (A) of" and insert "that," that | 62873 |
| strike "5111.231" and insert "5111.24," and that insert "provides | 62874 |
| for" are not subject to the referendum. Therefore, under Ohio | 62875 |
| Constitution, Article II, Section 1d and section 1.471 of the | 62876 |
| Revised Code, the amendments take effect July 1, 2005. | 62877 |
| Section 612.63. (A) Except as otherwise provided in division | 62878 |
| (B) of this section, the amendment renumbering section 5111.88 as | 62879 |
| section 5111.97 of the Revised Code is subject to the referendum. | 62880 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 62881 |
| section 1.471 of the Revised Code, the renumbering amendment takes | 62882 |
| effect October 1, 2005. If, however, a referendum petition is | 62883 |
| filed against the renumbering amendment, the renumbering | 62884 |
| amendment, unless rejected at the referendum, takes effect at the | 62885 |
| earliest time permitted by law that is on or after the effective | 62886 |
| date specified in this division. | 62887 |
| (B) The amendment to division (B)(2) of section 5111.88 | 62888 |
| (5111.97) of the Revised Code striking "eighteen" and inserting | 62889 |
| "twelve" is not subject to the referendum. Therefore, under Ohio | 62890 |
| Constitution, Article II, Section 1d and section 1.471 of the | 62891 |
| Revised Code, the amendment goes into immediate effect when this | 62892 |
| act becomes law. | 62893 |
| Section 612.66. (A) Except as otherwise provided in division | 62894 |
| (B) of this section, the amendments to section 5727.84 of the | 62895 |
| Revised Code provide for are essential to implementation of a tax | 62896 |
| levy. Therefore, under Ohio Constitution, Article II, Section 1d, | 62897 |
| the amendments go into immediate effect when this act becomes law. | 62898 |
| (B) The amendments striking divisions (B)(6) and (7) and | 62899 |
| (C)(3) from section 5727.84 of the Revised Code are subject to the | 62900 |
| referendum. Therefore, under Ohio Constitution, Article II, | 62901 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 62902 |
| take effect on the ninety-first day after this act is filed with | 62903 |
| the Secretary of State. If, however, a referendum petition is | 62904 |
| filed against the amendments, the amendments, unless rejected at | 62905 |
| the referendum, take effect at the earliest time permitted by law. | 62906 |
| Section 612.69. (A) Except as otherwise provided in division | 62907 |
| (B) of this section, the amendments to section 5727.85 of the | 62908 |
| Revised Code are not subject to the referendum. Therefore, under | 62909 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 62910 |
| Revised Code, the amendments go into immediate effect when this | 62911 |
| act becomes law. | 62912 |
| (B) The amendments to section 5727.85 of the Revised Code | 62913 |
| that insert new language into division (F), strike "February" and | 62914 |
| insert "May," strike divisions (G) and (H) and the two unlettered | 62915 |
| paragraphs following, insert new division (H), and add an internal | 62916 |
| cross-reference to division (F) of the section are subject to the | 62917 |
| referendum. Therefore, under Ohio Constitution, Article II, | 62918 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 62919 |
| take effect on the ninety-first day after this act is filed with | 62920 |
| the Secretary of State. If, however, a referendum petition is | 62921 |
| filed against the amendments, the amendments, unless rejected at | 62922 |
| the referendum, take effect at the earliest time permitted by law. | 62923 |
| Section 612.72. (A) Except as otherwise provided in division | 62924 |
| (B) of this section, the amendments by this act to section 5747.01 | 62925 |
| of the Revised Code provides for or is essential to implementation | 62926 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 62927 |
| Section 1d, the amendments are not subject to the referendum and | 62928 |
| go into immediate effect when this act becomes law. | 62929 |
| (B) The amendment to division (A)(10) of section 5747.01 of | 62930 |
| the Revised Code is subject to the referendum. Therefore, under | 62931 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 62932 |
| Revised Code, the amendment takes effect on the ninety-first day | 62933 |
| after this act is filed with the Secretary of State. If, however, | 62934 |
| a referendum petition is filed against the amendment, the | 62935 |
| amendment, unless rejected at the referendum, takes effect at the | 62936 |
| earliest time permitted by law. | 62937 |
| Section 615.03. Except as otherwise specifically provided in | 62938 |
| this act, the uncodified sections of law amended or enacted in | 62939 |
| this act, and the items of law of which the uncodified sections of | 62940 |
| law amended or enacted in this act are composed, are not subject | 62941 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 62942 |
| Section 1d and section 1.471 of the Revised Code, the uncodified | 62943 |
| sections of law amended or enacted in this act, and the items of | 62944 |
| law of which the uncodified sections of law amended or enacted in | 62945 |
| this act are composed, go into immediate effect when this act | 62946 |
| becomes law. | 62947 |
| Section 615.06. Uncodified sections of law amended or enacted | 62948 |
| in this act, and items of law contained within the uncodified | 62949 |
| sections of law amended or enacted in this act, that are marked | 62950 |
| with an asterisk are subject to the referendum. Therefore, under | 62951 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 62952 |
| Revised Code, the uncodified sections and items of law marked with | 62953 |
| an asterisk take effect on the ninety-first day after this act is | 62954 |
| filed with the Secretary of State. If, however, a referendum | 62955 |
| petition is filed against an uncodified section or item of law | 62956 |
| marked with an asterisk, the uncodified section or item of law | 62957 |
| marked with an asterisk, unless rejected at the referendum, takes | 62958 |
| effect at the earliest time permitted by law. | 62959 |
| If the amending and existing repeal clauses commanding the | 62960 |
| amendment of an uncodified section of law are both marked with | 62961 |
| asterisks, the uncodified section as amended is deemed also to | 62962 |
| have been marked with an asterisk. | 62963 |
| An asterisk marking an uncodified section or item of law has | 62964 |
| the form *. | 62965 |
| This section defines the meaning and form of, but is not | 62966 |
| itself to be considered marked with, an asterisk. | 62967 |
| Section 615.90. If the amendment or enactment in this act of | 62968 |
| a codified or uncodified section of law is subject to the | 62969 |
| referendum, the corresponding indications in the amending, | 62970 |
| enacting, or existing repeal clauses commanding the amendment or | 62971 |
| enactment also are subject to the referendum, along with the | 62972 |
| amendment or enactment. If the amendment or enactment by this act | 62973 |
| of a codified or uncodified section of law is not subject to the | 62974 |
| referendum, the corresponding indications in the amending, | 62975 |
| enacting, or existing repeal clauses commanding the amendment or | 62976 |
| enactment also are not subject to the referendum, the same as the | 62977 |
| amendment or enactment. | 62978 |
| Section 618.03. The amendment of sections 5112.03 and 5112.08 | 62979 |
| of the Revised Code are not intended to supersede the earlier | 62980 |
| repeal, with delayed effective date, of those sections. | 62981 |
| Section 618.06. The General Assembly, applying the principle | 62982 |
| stated in division (B) of section 1.52 of the Revised Code that | 62983 |
| amendments are to be harmonized if reasonably capable of | 62984 |
| simultaneous operation, finds that the following sections, | 62985 |
| presented in this act as composites of the sections as amended by | 62986 |
| the acts indicated, are the resulting versions of the sections in | 62987 |
| effect prior to the effective date of the sections as presented in | 62988 |
| this act: | 62989 |
| Section 122.74 of the Revised Code as amended by both Am. | 62990 |
| Sub. H.B. 356 and Am. Sub. S.B. 310 of the 121st General Assembly. | 62991 |
| Section 124.26 of the Revised Code as amended by both Am. | 62992 |
| Sub. H.B. 117 and Am. Sub. S.B. 99 of the 121st General Assembly. | 62993 |
| Section 1525.11 of the Revised Code as amended by both Am. | 62994 |
| Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly. | 62995 |
| Section 3314.03 of the Revised Code as amended by both Am. | 62996 |
| Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 62997 |
| Section 3317.023 of the Revised Code as amended by both Am. | 62998 |
| Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 62999 |
| Section 3317.026 of the Revised Code as amended by both Sub. | 63000 |
| H.B. 129 and Sub. S.B. 200 of the 124th General Assembly. | 63001 |
| Section 5739.02 of the Revised Code as amended by both Am. | 63002 |
| Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly. | 63003 |
| Section 5741.02 of the Revised Code as amended by Am. Sub. | 63004 |
| H.B. 95, Am. Sub. S.B. 37, and Sub. S.B. 47 of the 125th General | 63005 |
| Assembly. | 63006 |